Although the presence of s 15 within the Act itself, rather than auxiliary legislation, may ordinarily indicate the existence of an obligation, this consideration is countered by a court’s likely reluctance to ‘confine the powers’ of the Corporation. Indeed, a court is unlikely to be willing to assess a commercial decision which ‘involves wide questions of policy and strategy’. Such ambiguous language will generally give a court pause as to whether it is ‘well placed’ to make an ‘evaluative judgment’ in a business matter, particularly given commercial decisions are ‘not readily measured’ by a court. This signals that s 15 is likely to be characterised as regulating ‘the [Corporation’s internal] operations’, rather than creating a public obligation affected by the decision.

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