Commonwealth Numbered Acts

SAFE WORK AUSTRALIA ACT 2008 (NO. 84, 2009) - SECT 32

Ministerial Council's directions

             (1)  The Ministerial Council may direct Safe Work Australia to:

                     (a)  make specified alterations to its operational plan for a financial year; and

                     (b)  give the altered plan to the Council within the period specified in the direction.

Note:          The Ministerial Council gives a direction by resolution of the Council: see section 69.

             (2)  A direction under subsection (1):

                     (a)  may only specify an alteration to the plan about the following matters:

                              (i)  the activities that are to be undertaken by Safe Work Australia in performing its functions during the year;

                             (ii)  Safe Work Australia's total amount of expenditure for the year; and

                     (b)  must not specify an alteration dealing with the allocation of resources for the performance of Safe Work Australia's functions; and

                     (c)  must not be inconsistent with Safe Work Australia's strategic plan that relates to the year.

Safe Work Australia to comply with Council's direction

             (3)  Safe Work Australia must comply with a direction under subsection (1).

When Council must approve alterations to plan

             (4)  The Ministerial Council must approve the alterations to the plan if:

                     (a)  the plan as altered is given to the Ministerial Council; and

                     (b)  the alterations are in accordance with the direction.

Otherwise, the Ministerial Council may refuse to approve the alterations.

Note:          The Ministerial Council gives approvals or refusals by resolution of the Council: see section 69.

When alterations to operational plan take effect

             (5)  When the Ministerial Council approves the alterations to the plan, the plan as altered is Safe Work Australia's operational plan for the financial year it covers.

Altered plan to be published

             (6)  Safe Work Australia is to publish its altered operational plan in such manner as it considers appropriate.

Directions etc. not legislative instruments

             (7)  If a direction, an approval or a refusal of the Ministerial Council under this section is made in writing, the direction, approval or refusal is not a legislative instrument.