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Electricity Industry Act 2010

Miscellaneous - State-owned enterprise asset reconfiguration and miscellaneous matters - State-owned enterprise asset reconfiguration: General provisions

118: Process for giving directions

You could also call this:

“How the government tells state-owned power companies what to do”

The shareholding Ministers can tell the board about their plans for giving directions at any time. They must tell the board about what will be in a direction at least 14 days before they give it. The board then has 10 days to share their thoughts about the direction with the Ministers.

All directions must be written down.

The Minister for State Owned Enterprises has to show a copy of any direction to the House of Representatives within 12 sitting days after giving it to the board. They also need to publish it in the Gazette as soon as they can.

If parts of a direction are sensitive for business reasons, the Minister can keep those parts private. If they do this, they must explain why those parts are not shown.

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117: Directions that may be given by shareholding Ministers, or

"Ministers can tell power companies what to do to make electricity cheaper and more reliable"

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119: Legal effect of directions, or

"Special rules for giving orders to government-owned power companies"

Part 5 Miscellaneous
State-owned enterprise asset reconfiguration and miscellaneous matters: State-owned enterprise asset reconfiguration: General provisions

118Process for giving directions

  1. The shareholding Ministers—

  2. may at any time advise the relevant board of their intentions or expectations with regard to directions to be given under section 117; and
    1. must advise the relevant board of the matters to be referred to in a direction to be given under section 117 at least 14 days before the direction is given; and
      1. must consider any comments that the relevant board makes to them relating to the direction within 10 days after the date on which the board receives the advice under paragraph (b).

        1. Every direction given under section 117 must be in writing.

        2. The Minister for State Owned Enterprises must—

        3. present a copy of any direction given under section 117 to the House of Representatives within 12 sitting days after the direction is given to the board; and
          1. publish a copy of it in the Gazette as soon as practicable after giving the direction.

            1. However, the Minister for State Owned Enterprises may withhold from disclosure under subsection (3) any part of a direction that he or she considers is commercially sensitive, and in that case must substitute a note of explanation for the parts withheld.

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