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GOLD CORPORATION ACT 1987 - SECT 6

6 .         Functions of the Board

        (1)         The Board is the governing body of Gold Corporation and its subsidiaries, the Mint and GoldCorp.

        (2)         Subject to this Act, the Board has power —

            (a)         to determine the policy of Gold Corporation, the Mint and GoldCorp in relation to any matter and to control the affairs of Gold Corporation and each of its subsidiaries; and

            (b)         to determine the respective functions and operations to be performed by Gold Corporation and each of its subsidiaries.

        (3)         Subject to this Act, the Board shall —

            (a)         perform the functions and develop and expand the business of Gold Corporation and its subsidiaries for the benefit and to the greatest advantage of the people of Australia;

            (b)         perform its functions in accordance with prudent commercial principles; and

            (c)         use its best endeavours to ensure that the revenue of Gold Corporation is sufficient to meet its expenditure and to derive a profit by earning a commercial rate of return on its capital.

        (4)         The Board and the Minister shall, at the request of either, consult together, either personally or through appropriate representatives, in relation to any aspect of the policy, functions or management of Gold Corporation or any of its subsidiaries.

        (5)         The Minister may give directions in writing to Gold Corporation with respect to its functions and powers, either generally or with respect to a particular matter (but not in relation to its dealings with any particular person), and the Board shall ensure that the Corporation gives effect to any such direction.

        (6)         The text of any direction received by Gold Corporation under subsection (5) shall be included in the annual report submitted by the accountable authority of Gold Corporation under Part 5 of the Financial Management Act 2006 .

        (7)         For parliamentary purposes, or for the proper conduct of the Minister’s public business —

            (a)         Gold Corporation shall furnish to the Minister all information in the possession of Gold Corporation relating to the business of Gold Corporation or a subsidiary; and

            (b)         the Board shall ensure that the Minister shall have and may retain copies of any documents requested.

        (8)         Gold Corporation shall exercise such control over any subsidiary as to ensure that the Board is provided with all the information relating to the subsidiary that Gold Corporation needs in order to comply with subsection (7).

        (9)         For the purposes specified in subsection (7) the Minister may —

            (a)         request Gold Corporation to furnish information to the Minister;

            (b)         request the Board to ensure that the Minister is given access to information; and

            (c)         make use of the staff of Gold Corporation or of any subsidiary to obtain information and to furnish it to the Minister.

        (10)         Gold Corporation shall comply with a request under subsection (9) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.

        (11)         For the purposes of this section —

        document includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored;

        information means documents or other information relating to the business of Gold Corporation or a subsidiary of Gold Corporation being information, as so defined, specified, or of a description specified, by the Minister; and

        parliamentary purposes means the purpose of —

            (a)         answering a question asked in a House of Parliament; or

            (b)         complying with a written law, or an order or resolution of a House of Parliament, that requires information to be furnished to a House of Parliament.

        [Section 6 amended: No. 10 of 1990 s. 6 and 11; No. 73 of 1994 s. 4; No. 77 of 2006 s. 17.]



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