§ 6 — Transfer of functions and powers of Minister

6.—(1) This section applies if the Minister has designated an entity under section 17(1).(2) The Prime Minister may direct that all or any of the functions and powers of the Minister under Part 3 (other than section 17 and Division 6) and section 38 be transferred to another Minister (called in this Act the relevant Minister) in respect of the designated entity.

(3) If any functions and powers of the Minister have been transferred with the Prime Minister’s direction under subsection (2) —(a)

the relevant Minister may, in respect of the designated entity, perform the functions and exercise the powers so transferred in place of the Minister; and

(b)

any reference to the Minister in the following provisions of this Act includes, in respect of that entity, the relevant Minister mentioned in that subsection:(i)

Part 3, other than section 17 and Division 6;

(ii)

Part 4, other than sections 41, 42 and 45.

(4) A transfer of functions and powers under subsection (2) is subject to any conditions and restrictions that the Prime Minister may determine.

(5) The Prime Minister may —(a)

revoke any direction given under subsection (2); or

(b)

vary any of the conditions or restrictions mentioned in subsection (4).

(6) The following matters must be notified in the Gazette as soon as practicable:(a)

any direction given under subsection (2);

(b)

any condition or restriction determined under subsection (4);

(c)

any revocation of a direction under subsection (5)(a);

(d)

any variation of a condition or restriction under subsection (5)(b).

(7) Regulations may be made under section 57 to provide for saving and transitional provisions when any transfer of functions and powers under subsection (2) is revoked under subsection (5)(a).

—(1) This section applies if the Minister has designated an entity under section 17(1).

(2) The Prime Minister may direct that all or any of the functions and powers of the Minister under Part 3 (other than section 17 and Division 6) and section 38 be transferred to another Minister (called in this Act the relevant Minister) in respect of the designated entity.

(3) If any functions and powers of the Minister have been transferred with the Prime Minister’s direction under subsection (2) —(a)

the relevant Minister may, in respect of the designated entity, perform the functions and exercise the powers so transferred in place of the Minister; and

(b)

any reference to the Minister in the following provisions of this Act includes, in respect of that entity, the relevant Minister mentioned in that subsection:(i)

Part 3, other than section 17 and Division 6;

(ii)

Part 4, other than sections 41, 42 and 45.

(4) A transfer of functions and powers under subsection (2) is subject to any conditions and restrictions that the Prime Minister may determine.

(5) The Prime Minister may —(a)

revoke any direction given under subsection (2); or

(b)

vary any of the conditions or restrictions mentioned in subsection (4).

(6) The following matters must be notified in the Gazette as soon as practicable:(a)

any direction given under subsection (2);

(b)

any condition or restriction determined under subsection (4);

(c)

any revocation of a direction under subsection (5)(a);

(d)

any variation of a condition or restriction under subsection (5)(b).

(7) Regulations may be made under section 57 to provide for saving and transitional provisions when any transfer of functions and powers under subsection (2) is revoked under subsection (5)(a).