44. (1) The Minister shall F34[, in respect of the functions of the Agency other than its education welfare functions,] develop an annual performance statement F35[(in this subsection and subsection (1A) referred to as a "Performance Statement")] to provide the Agency with specific policy guidance, direction, prioritisation and resource parameters in respect of each year for the preparation of its annual business plan.

F34[(1A) The Minister for Education shall, in respect of the education welfare functions of the Agency, develop an annual Performance Statement to provide the Agency with specific policy guidance, direction, prioritisation and resource parameters in respect of each year for the preparation of its annual business plan.]

(2) The Minister F34[and the Minister for Education shall provide the Performance Statement developed by the respective Minister concerned] to the Board as soon as practicable following the publication by the Government of the annual budget each year.

(3) The Performance F35[Statements] shall have regard to the Performance Framework and include the determination of net expenditure pursuant to section 45.

(4) F35[Neither the Minister nor the Minister for Education shall] specify a priority or performance target under this section or under section 41 as respects any function of the Agency relating to a decision concerning the making or recovery of a charge for the provision of a service by or on behalf of the Agency to a particular person or concerning the amount of the charge.