After section 60 of the Principal Act , the following section is inserted in Part 6:

60A.     Minister may make direction

(1)  Within 45 days after receiving a written notice from a prescribed body under section 60(1) , the Regulator is to provide to the Minister, and the Portfolio Minister, a report on –

(a) the action the prescribed body has taken, or intends to take, as specified in the written notice; and

(b) any recommendations in the report on a complaint investigation under section 57(2) (the investigation report ), that is the basis for the written notice, in respect of which the prescribed body has not taken action and does not intend to take action.

(2)  After receiving a report under subsection (1) , the Minister, with the agreement of the Portfolio Minister, may –

(a) make such directions to the prescribed body that the Minister considers necessary to ensure the prescribed body implements the recommendations of a kind referred to in section 57(2)(a) or (b) specified in the investigation report; or

(b) refuse to make a direction under paragraph (a) in respect of the prescribed body; or

(c) request further information from the Regulator and then make a direction under paragraph (a) or refuse to make a direction under paragraph (b) .

(3)  The Regulator may, at any time and whether or not the Minister has made a request under subsection (2)(c) , provide the Minister with further information in respect of a prescribed body or investigation report.

(4)  A direction under subsection (2)(a)  –

(a) may be made at any time after the Minister receives a report under subsection (1) ; and

(b) is to be in writing to the prescribed body; and

(c) is to specify the action that the prescribed body is to take; and

(d) may specify the period in which the action is to be taken by the prescribed body.

(5)  A person to whom a direction under subsection (2)(a) applies must comply with that direction.

Penalty:  Fine not exceeding 100 penalty units.

(6)  If the Minister makes a direction under subsection (2)(a) , the Minister is to –

(a) provide a copy of the direction to the Regulator; and

(b) notify the complainant that a direction has been made.

(7)  If the Minister refuses to make a direction under subsection (2)(b) , the Minister is to notify the Regulator, and complainant, in writing of that refusal.