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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Annual Reports (Government Agencies) Amendment Bill 2014
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Annual Reports (Government Agencies) Amendment Act 2014
.
This Act commences on the 7th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
Note This Act also amends other legislation (see sch 1).
substitute
5 Annual report of director-general
(1) The director-general of an administrative unit must, for a reporting year, prepare a report about the operation of the administrative unit in the reporting year (a director-general annual report).
(2) The report must include a statement describing the measures taken by the administrative unit during the reporting year to respect, protect and promote human rights.
6 Annual report of public authority
(1) A public authority must, for a reporting year, prepare a report about the operation of the authority in the reporting year (a public authority annual report).
(2) The report of the following public authorities must include an account of the management of the entity’s office during the reporting year:
(a) the Office of the Legislative Assembly;
(b) an officer of the Assembly.
Note The auditor-general is a public authority (see dict, def public authority). However, the auditor-general is not required to comply with this Act in certain circumstances (see Auditor-General Act 1996
, s 7A).
7 Annual report of commissioner for public administration
(1) The commissioner for public administration must, for a reporting year, prepare a report about the operation of the public service in the reporting year (a state of the service report).
(2) The report must include an account of the management of the public service as a whole in the reporting year.
8 Annual report direction
(1) The Minister must make a direction about annual reports (an annual report direction).
Note Power to make a statutory instrument includes power to make
different provision in relation to different matters or different classes of
matters (see
, s 48).
(2) An annual report, other than an annual report of the following entities, must comply with the annual report direction:
(a) the Office of the Legislative Assembly;
(b) an officer of the Assembly.
(3) The annual report direction may require the following:
(a) an annual report to include stated information;
(b) an annual report to be in a stated form or published in a stated place;
(c) all or part of an annual report to be included in another annual report (as an attachment or otherwise);
(d) an annual report or part of an annual report to be prepared for a stated period;
(e) a director-general annual report to include stated matters if a public authority does not comply with section 6 (Annual report of public authority) or the annual report direction;
(f) an annual report to be given by a stated person or stated public authority to the responsible Minister by a stated day;
(g) for a public authority annual report—the report to include a statement describing the measures taken by the public authority during the reporting year to respect, protect and promote human rights.
(4) An annual report direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(5) The Minister must present a copy of an annual report direction to the
Legislative Assembly within 6 sitting days after the day it is notified under
the
.
9 Consultation about annual report direction
(1) Before making an annual report direction under section 8, the Minister must—
(a) give the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts (the committee) a copy of the proposed annual report direction; and
(b) ask the committee, in writing, for any recommendation about the proposed annual report direction; and
(c) consider any recommendation made, in writing, by the committee.
(2) The Minister must not make the annual report direction until the earlier of—
(a) the committee giving the Minister any recommendation; or
(b) 30 days after asking the committee for a recommendation.
5 Responsible Minister to present
annual report
Section 13 (1) (a)
substitute
(a) within 4 months after the end of the reporting year (the 4-month period); and
omit
3-month
substitute
4-month
omit
3-month period
substitute
4-month period
8 Presentation of annual report of
Office of the Legislative Assembly and officers of the
Assembly
Section 15 (2)
omit
3 months after the end of the financial year (the 3-month period)
substitute
4 months after the end of the reporting year (the 4-month period)
omit
3-month
substitute
4-month
10 Declaration of public
authority
Section 16 (1) and (2)
substitute
(1) The Minister may declare that a statutory office-holder is a public authority for this Act.
(2) The Minister may declare that a body established under an Act is a public authority for this Act.
Note Body includes any group of people joined together for a common purpose, whether or not incorporated (see Legislation Act
, dict, pt 1).
11 Combined reports
Section
17 (1) (a)
omit
financial year
substitute
reporting year
insert
• body
• financial year
• territory instrumentality
13 Dictionary, definition of financial year
omit
14 Dictionary, definition of public
authority,
new paragraph (aa)
insert
(aa) a territory-owned corporation; or
15 Dictionary, definition of public authority, paragraph (c)
omit
an entity
substitute
a body
16 Dictionary, new definition of reporting year
insert
reporting year—
(a) means—
(i) a financial year; or
(ii) if a period is stated in an annual report direction under section 8 (3) (d) (Annual report direction)—the stated period; but
(b) if an administrative unit or public authority did not operate for all of the period mentioned in paragraph (a)—does not include the period during which the administrative unit or public authority did not operate.
17 Dictionary, definition of Territory instrumentality
omit
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 ACT Civil and Administrative Tribunal Act 2008
omit
Part 1.2 ACT Teacher Quality Institute Act 2010
omit
Part 1.3 Board of Senior Secondary Studies Act 1997
omit
Part 1.4 Climate Change and Greenhouse Gas Reduction Act 2010
omit
Part 1.5 Cultural Facilities Corporation Act 1997
omit
Part 1.6 Dangerous Substances Act 2004
omit
[1.7] Section 200 (4), definition of annual report
omit
Part 1.7 Director of Public Prosecutions Act 1990
[1.8] Section 12 (4) (b) and note
omit
omit
omit
[1.11] Section 70, definition of annual report
omit
omit
[1.13] Dictionary, definition of annual report
omit
Part 1.10 Environment Protection Act 1997
omit
Part 1.11 Freedom of Information Act 1989
omit
Part 1.12 Gambling and Racing Control Act 1999
[1.16] Sections 6 (5), 8 (2), 31 (3) and 46 (2)
omit
Part 1.13 Gaming Machine Act 2004
omit
Part 1.14 Government Procurement Act 2001
omit
Part 1.15 Law Officers Act 2011
omit
Part 1.16 Medicines, Poisons and Therapeutic Goods Act 2008
omit
[1.21] Section 177 (4), definition of annual report
omit
Part 1.17 Mental Health (Treatment and Care) Act 1994
omit
Part 1.18 Nature Conservation Act 1980
[1.23] Section 15 (3) and note
omit
Part 1.19 Planning and Development Act 2007
omit
Part 1.20 Road Transport (Third-Party Insurance) Act 2008
omit
omit
Part 1.22 Victims of Crime (Financial Assistance) Act 1983
omit
Part 1.23 Waste Minimisation Act 2001
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 27 November 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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