(1) The Minister may, by legislative instrument, give directions to the ESOS agency for a provider or registered provider about the performance of the agency's functions under this Act.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to a direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
(2) However, the Minister must not give a direction under subsection (1) about, or in relation to, a particular provider or registered provider.
(3) Regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 do not apply in relation to a direction under subsection (1) of this section.
Note: This means that section 42 (disallowance) of the Legislation Act 2003 applies to the direction.
(4) The ESOS agency must comply with a direction under subsection (1).
(5) The Minister may consult the Immigration Minister about the giving of a direction under subsection (1).