Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies in relation to the powers in sections 69, 69A, 71, 72 and 72A.
(2) The Minister may, in writing, give directions:
(a) requiring the exercise of a power or powers in a specified circumstance, or in circumstances in a specified class, in a specified manner; or
(b) relating to the exercise of a power or powers in a specified circumstance, in a specified class of circumstances or more generally.
(3) Without limiting subsection ( 2), the Minister may give a direction under that subsection:
(a) specifying a place that is to be, or is not to be, the destination to which a vessel, aircraft or person is taken under paragraph 69(2)(a) or subsection 72(4); or
(b) specifying matters to be taken into account in deciding the destination to which a vessel, aircraft or person is to be so taken.
(4) The Minister may, in writing, vary or revoke a direction given under subsection ( 2).
(5) The only condition for the exercise of the power to give a direction under subsection ( 2), or to vary a direction, is that the Minister thinks that it is in the national interest to give or vary the direction.
Note: There are no conditions for the exercise of the power to revoke a direction.
(6) A direction under subsection ( 2) may specify circumstances in which the direction need not be complied with.
(7) A direction under subsection ( 2), or an instrument varying or revoking a direction, comes into force:
(a) unless paragraph ( b) applies--when it is made; or
(b) if the direction or instrument specifies a later time as the time when it is to come into force--at that later time.
(8) A direction under subsection ( 2) remains in force until whichever of the following occurs first:
(a) an instrument revoking the direction comes into force;
(b) if the direction is expressed to cease to be in force at a specified time--the time so specified.
(9) If the Minister gives a direction as mentioned in paragraph ( 2)(a):
(a) the direction is taken to constitute an authorisation of the exercise of the power or powers in accordance with the direction; and
(b) that authorisation is taken (despite section 23) to remain in force while the direction is in force.
(10) A direction under subsection ( 2), or an instrument varying or revoking a direction, is not a legislative instrument.