Commonwealth Consolidated Acts

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MARITIME POWERS ACT 2013 - SECT 75F

Minister may give directions about exercise of powers

  (1)   This section applies in relation to the powers in sections   69, 69A, 71, 72 and 72A.

  (2)   The Minister may, in writing, give directions:

  (a)   requiring the exercise of a power or powers in a specified circumstance, or in circumstances in a specified class, in a specified manner; or

  (b)   relating to the exercise of a power or powers in a specified circumstance, in a specified class of circumstances or more generally.

  (3)   Without limiting subsection   ( 2), the Minister may give a direction under that subsection:

  (a)   specifying a place that is to be, or is not to be, the destination to which a vessel, aircraft or person is taken under paragraph   69(2)(a) or subsection   72(4); or

  (b)   specifying matters to be taken into account in deciding the destination to which a vessel, aircraft or person is to be so taken.

  (4)   The Minister may, in writing, vary or revoke a direction given under subsection   ( 2).

  (5)   The only condition for the exercise of the power to give a direction under subsection   ( 2), or to vary a direction, is that the Minister thinks that it is in the national interest to give or vary the direction.

Note:   There are no conditions for the exercise of the power to revoke a direction.

  (6)   A direction under subsection   ( 2) may specify circumstances in which the direction need not be complied with.

  (7)   A direction under subsection   ( 2), or an instrument varying or revoking a direction, comes into force:

  (a)   unless paragraph   ( b) applies--when it is made; or

  (b)   if the direction or instrument specifies a later time as the time when it is to come into force--at that later time.

  (8)   A direction under subsection   ( 2) remains in force until whichever of the following occurs first:

  (a)   an instrument revoking the direction comes into force;

  (b)   if the direction is expressed to cease to be in force at a specified time--the time so specified.

  (9)   If the Minister gives a direction as mentioned in paragraph   ( 2)(a):

  (a)   the direction is taken to constitute an authorisation of the exercise of the power or powers in accordance with the direction; and

  (b)   that authorisation is taken (despite section   23) to remain in force while the direction is in force.

  (10)   A direction under subsection   ( 2), or an instrument varying or revoking a direction, is not a legislative instrument.



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