Maritime Transport Act 1994

Protection of marine environment from hazardous ships, structures, and offshore operations

255: Minister’s power of direction

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"The Minister can give instructions to the Director about their work."

Illustration for Maritime Transport Act 1994

The Minister can give directions to the Director about their work under this Part of the law if they think it is necessary. You need to know that the Director must follow these directions. The Minister's directions must not conflict with certain powers referred to in section 254(3). The Minister's directions are like instructions under section 248, and certain rules apply to them. When the Minister gives a direction, they must give a copy of it to the House of Representatives as soon as possible. A direction under this section is not the same as a direction to the Authority under sections 114 and 115 of the Crown Entities Act 2004.

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Part 20Protection of marine environment from hazardous ships, structures, and offshore operations

255Minister’s power of direction

  1. The Minister may, if he or she considers that having regard to the circumstances it is expedient to do so, give directions to the Director in respect of the performance of any function or duty or the exercise of any power under this Part, and the Director shall comply with such directions.

  2. The Minister shall not give directions under subsection (1) that conflict with the exercise of the powers referred to in section 254(3).

  3. Sections 250 and 251 shall apply in respect of every direction under subsection (1) as if it were an instruction under section 248.

  4. Where any direction has been made by the Minister under subsection (1), the Minister shall, as soon as practicable, lay before the House of Representatives a copy of the direction in written form.

  5. For the avoidance of doubt, a direction under this section is not a direction to the Authority for the purposes of sections 114 and 115 of the Crown Entities Act 2004.

Notes
  • Section 255(5): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).