2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Brendan Smyth)

An Act to amend the Auditor-General Act 1996

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Auditor-General Amendment Act 2009.

This Act commences on 1 January 2010.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Auditor-General Act 1996.

(1) Before 1 February each financial year, the auditor-general must give the presiding member of the public accounts committee the following:

(a) a statement of the appropriation that the auditor-general considers should be made for the auditor-general for the next financial year, including the reasons for the appropriation;

(b) the draft financial statements mentioned in the Financial Management Act, section 12 (1) (a) for the auditor-general for the next financial year;

(c) the financial statements for the auditor-general for the financial year.

(2) The public accounts committee must, not later than 1 March each financial year, report to the Legislative Assembly about the appropriation that the committee recommends should be made for the auditor-general for the next financial year.

(3) The report mentioned in subsection (2) must also contain the following:

(a) the reasons for the recommended appropriation;

(b) copies of the statements mentioned in subsection (1);

(c) any other matter the public accounts committee considers relevant.

(1) This section applies if—

(a) the recommended appropriation report for the next financial year has not been presented to the Legislative Assembly by 7 days before 1 March of the financial year; and

(b) there are no sitting days of the Legislative Assembly during the 7 days.

(2) The presiding member of the public accounts committee must give the report, and a copy for each member of the Legislative Assembly, to the Speaker before 1 March.

(3) The Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the day the presiding member gives it to the Speaker.

(4) The presiding member must present the report to the Legislative Assembly—

(a) on the next sitting day after 1 March; or

(b) if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.

(5) In this section:

Speaker, for a report given to the Deputy Speaker or clerk under section 4 (Reports to be given to Speaker), means the Deputy Speaker or clerk.

(1) The presiding member of the public accounts committee must move a motion about a presented recommended appropriation report for the next financial year in the Legislative Assembly.

(2) The Speaker must ensure that the motion is moved and debated, and the question put to the Legislative Assembly by the Speaker about the motion decided, before 31 March of the financial year.

(3) In this section:

presented recommended appropriation report means a recommended appropriation report for the next financial year that is—

(a) presented to the Legislative Assembly before 1 March of the financial year; or

(b) given to the Speaker under section 21B before 1 March of the financial year.

• financial year

recommended appropriation report means a report by the public accounts committee about the appropriation that the committee recommends should be made for the auditor-general for a financial year.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.