Northern Territory Numbered Acts

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PORT OF DARWIN ACT 2015 (NO 10 OF 2015) - SECT 13

Direction and control of public sector entities

    (1)     A public sector entity is subject to the direction and control of the Chief Minister in the exercise of any of its functions for the purposes of an authorised transaction.

    (2)     The Chief Minister may, for the purposes of an authorised transaction, give a written direction to a public sector entity or to a director or other officer of a public sector entity.

Example for subsection (2)

The Chief Minister may direct a public sector entity to execute a lease.

    (3)     Without limiting subsection (1) or (2), a direction under this section may:

    (a)     specify how the public sector entity is to conduct its business or other affairs; or

    (b)     require the public sector entity to allow a transaction company to make use of the services of any employee of that entity for the period, or until the occurrence of an event, specified in the direction; or

    (c)     require the public sector entity     to do something that it could not otherwise lawfully do or refrain from doing something that it could not otherwise lawfully refrain from doing.

    (4)     The public sector entity, or the director or other officer, as the case requires, must comply with a direction under this section.

    (5)     To avoid doubt, a direction under this section can only be given to a transaction company (or to a director or other officer of the company), and is only required to be complied with, while the company is a public sector entity.

    (6)     Despite anything to the contrary in any Act, action taken by a public sector entity, or a director or other officer of a public sector entity, to comply with a direction under this section does not require the consent or approval of:

    (a)     any other minister; or

    (b)     any other public sector entity; or

    (c)     any public sector employee or other officer of, or person employed by, a public sector entity.

    (7)     A provision of any other Act specifying a procedure to be followed in relation to a direction given by the Chief Minister or any other minister to a public sector entity, or to a director or other officer of a public sector entity, does not apply to a direction under this section.

    (8)     This section does not affect the ability of a minister to give directions:

    (a)     to a GOC under the Government Owned Corporations Act ; or

    (b)     to the Land Development Corporation under section 8(1) of the Land Development Corporation Act .

    (9)     However, if there is an inconsistency between a direction of the Chief Minister under this section and a direction of a minister to which this subsection applies (whether given before or after the Chief Minister's direction), the Chief Minister's direction prevails to the extent of the inconsistency.

    (10)     Subsection (9) applies to a direction:

    (a)     mentioned in subsection (8); or

    (b)     given under section 15 of the Darwin Port Corporation Act .



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