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AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY ACT 1997 - SECT 69

Ministerial directions

  (1)   The Minister may, in writing, direct a prescribed body to do the things specified in the direction.

  (2)   A prescribed body must not fail to comply with a direction given to it under this section, either intentionally or being reckless as to the direction.

Penalty:   300 penalty units

  (3)   The Minister must not give a direction unless the direction relates to one or more of the following:

  (a)   trade and commerce with other countries, and among the States;

  (b)   quarantine;

  (c)   foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;

  (d)   external affairs;

  (e)   any other matter with respect to which the Parliament has power to make laws under the Constitution.

  (4)   The Minister may only give a direction to a prescribed body if:

  (a)   the Minister is satisfied that, because of the existence of exceptional and urgent circumstances, it is in the national interest of Australia to do so; and

  (b)   before giving the direction, the Minister has given the directors of the body an adequate opportunity to discuss with the Minister the need for the proposed direction.

  (5)   The Minister must not give a direction to a prescribed body that would require the body to incur expenses greater than the amounts paid to the body under this Act and any amounts paid to the body under the Australian Meat and Live - stock Industry (Repeals and Consequential Provisions) Act 1997 .

  (6)   Subject to subsection   ( 7), if the Minister gives a direction under this section, the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.

  (7)   Subsection   ( 6) does not apply in relation to a direction given to a prescribed body if:

  (a)   the Minister, on the recommendation of the body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the body's commercial activities; or

  (b)   the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia .

  (8)   In this section:

"prescribed body" means:

  (a)   the industry marketing body within the meaning of Part   3; or

  (b)   the industry research body within the meaning of Part   3; or

  (ba)   the live - stock export marketing body within the meaning of Part   3; or

  (bb)   the live - stock export research body within the meaning of Part   3; or

  (bc)   the meat processor marketing body within the meaning of Part   3; or

  (bd)   the meat processor research body within the meaning of Part   3; or

  (c)   an industry body prescribed by regulations made under the Australian Meat and Live - stock Industry (Repeals and Consequential Provisions) Act 1997 while that body holds money paid to it in accordance with that Act.



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