s.36Power to direct over ownership matters
36
Section 36Part 0 — Powers and Duties of Minister of Finance

Power to direct over ownership matters

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Subject to subsection (2), the chief officer of a ministry, a portfolio, the Office of the Ombudsman or the Audit Office shall comply with any direction given by the Minister of Finance, expressed to be under this section, which that person considers necessary to protect the core government's financial interests.
The Minister of Finance shall not give a direction under subsection (1) that prevents the chief officer of a ministry, a portfolio, the Office of the Ombudsman or the Audit Office from exercising their powers under section 39 unless —
that person considers it necessary to avoid or reduce either a serious loss to the core government or criminal activity; or
that person is satisfied that the entity has consistently failed to comply with the requirements of section 39 or 41, for three months after that person has given notice to the entity —
specifying the respects in which the entity has failed to so comply; and
stating that that person intends to give such a direction if the entity continues to fail to so comply during the next three months.
Before giving a direction under subsection (1), the Minister of Finance shall consult the entity concerned.

Cross References

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