(1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.
Note: For how directions are given see: section 42. For directions relating to reporting requirements see: subsection 43(3).
(2) Directions under subsection (1) must not be inconsistent with:
(a) this Act or the regulations under this Act; or
(b) the Commonwealth Authorities and Companies Act 1997 , or regulations or instruments made under that Act.
(3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.
(4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.
(5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.