Western Australian Current Acts Western Australian Current Acts (1) Except as provided
in subsection (2), the Authority is independent of direction or control by the
State or any Minister or officer of the State in the performance of the
Authority’s functions.
(2) The Minister may
give directions in writing to the Authority to the extent allowed by
subsection (3), and the Authority must give effect to any such direction.
(3) Directions under
subsection (2) —
(a) can
only relate to general policies to be followed by the Authority in matters of
administration, including financial administration; and
(b)
cannot constrain the Authority with respect to the performance of any function
given by or under the National Gas Access (WA) Act 2009 or referred to in
section 20(1) of the Railways (Access) Act 1998 .
(4) Nothing in this
section affects the operation of section 8(2) of the
Public Sector Management Act 1994 .
(5) Within 14 days
after a direction is given under subsection (2), the Authority —
(a) must
cause the text of the direction to be published in the Gazette ; and
(b) if
the direction relates to a matter of administration under the
National Gas Access (WA) Act 2009 , must send a copy of the direction to the
Australian Energy Market Commission established by section 5 of the
Australian Energy Market Commission Establishment Act 2004 of South Australia.
(6) The Minister must
cause the text of any direction under subsection (2) to be laid before each
House of Parliament, or dealt with under section 60, within 14 days after the
direction is given.
(7) The text of a
direction under subsection (2) must be included in the annual report submitted
by the accountable authority of the Authority under Part 5 of the
Financial Management Act 2006 .
[Section 28 amended: No. 77 of 2006 Sch. 1 cl.
48(5); No. 16 of 2009 s. 54.]