Page:Foreign Interference (Countermeasures) Act 2021.pdf/142

This page has been proofread, but needs to be validated.
142
NO. 28 OF 2021


(5) A directive under Part 5 or 6 that is given in accordance with this Part takes effect when it is given or on a later date specified in the directive.

(6) A directive under Part 5 or 6 continues in force until the competent authority revokes the directive or it is cancelled on review under Part 8.

(7) A directive under Part 5 or 6 may be amended or revoked at any time by the competent authority if the competent authority is satisfied that the circumstances warrant it.

(8) Subsection (6) does not prevent a further directive being made under Part 5 or 6 in the same terms as a directive that has been revoked.

(9) Any person to whom a directive is given under Part 5 or 6 must comply with the directive.

(10) Unless otherwise ordered by the Minister, a directive of the competent authority appealed against under Part 8 must be complied with until the determination of the appeal.

(11) A directive under Part 5 or 6 has effect despite the provisions of—

(a) any other written law in force on the date of commencement of this Part; and
(b) the constitution, memorandum or articles of association, trust deed or equivalent instrument of a politically significant person.

Process of giving directives: general

90.—(1) A competent authority may give a politically significant person any one or more directives under Part 5 or 6.

(2) In making a directive under Part 5 or 6, it is not necessary for the competent authority to give any person who may be affected by the directive a chance to be heard before the directive is given.

(3) Subject to section 71(2), it is not necessary to publish any directive given under Part 5 or 6 in the Gazette.