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This is a Bill, not an Act. For current law, see the Acts databases.


LEGISLATIVE ASSEMBLY LEGISLATION AMENDMENT BILL 2017

2017

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Speaker of the Legislative Assembly)

Legislative Assembly Legislation Amendment Bill 2017



Contents

Page

















2017

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Speaker of the Legislative Assembly)

Legislative Assembly Legislation Amendment Bill 2017

A Bill for

An Act to amend legislation in relation to the Legislative Assembly and officers of the Legislative Assembly









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

Part 1 Preliminary

1 Name of Act

This Act is the Legislative Assembly Legislation Amendment Act 2017

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

Auditor-General Act 1996

Electoral Act 1992

Financial Management Act 1996

Legislative Assembly (Office of the Legislative Assembly) Act 2012

Legislative Assembly Precincts Act 2001

Ombudsman Act 1989

.

Part 2 Auditor-General Act 1996

4 Appointment

Section 8 (2) (a)

omit

5 Section 8 (3)

substitute

(3) The Speaker must not appoint a person as auditor-general unless—

(a) the Speaker is satisfied that the person has extensive knowledge of, and experience in—

(i) governance and risk management; or

(ii) public administration; and

(b) the public accounts committee agrees to the person’s appointment.

6 New section 8AA

before section 8A, insert

8AA Term of appointment

(1) The auditor-general is to be appointed for 7 years.

(2) A person who has been appointed auditor-general is not eligible for reappointment.

7 New section 37B

insert

37B Assistance for Speaker

In exercising a function under this Act, the Speaker may seek administrative support or advice from—

(a) the Office of the Legislative Assembly; or

(b) another entity that is able to provide impartial administrative support or advice.

Part 3 Electoral Act 1992

8 Appointment

Section 12 (2) (a)

omit

9 Section 12 (3)

substitute

(3) The Speaker must not appoint a person as a member of the electoral commission unless—

(a) the Speaker is satisfied that the person has extensive knowledge of, and experience in—

(i) for the commissioner—

(A) electoral systems or management; or

(B) public administration; or

(ii) for a member other than the commissioner—

(A) an area mentioned in subparagraph (i); or

(B) another area that is relevant to and consistent with the functions of a member of the electoral commission; and

(b) the relevant Assembly committee agrees to the person’s appointment.

10 New section 339

insert

339 Assistance for Speaker

In exercising a function under this Act, the Speaker may seek administrative support or advice from—

(a) the Office of the Legislative Assembly; or

(b) another entity that is able to provide impartial administrative support or advice.



Part 4 Financial Management Act 1996

11 Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly

New section 4 (4)

insert

(4) Section 31 (2) (c) does not apply to—

(a) the Office of the Legislative Assembly; and

(b) an officer of the Assembly.

Part 5 Legislative Assembly (Office of the Legislative Assembly) Act 2012

12 Appointment of Clerk of the Legislative Assembly

Section 9 (2) (a)

omit

13 Section 9 (3)

substitute

(3) The Speaker must not appoint a person as clerk unless—

(a) the Speaker is satisfied that the person has extensive knowledge of, and experience in, relevant parliamentary law, practice and procedure; and

(b) the administration and procedure committee agrees to the person’s appointment.

14 New section 19A

in part 4, insert

19A Assistance for Speaker

In exercising a power under this Act, the Speaker may seek administrative support or advice from an entity that is able to provide impartial administrative support or advice.

Part 6 Legislative Assembly Precincts Act 2001

15 Assembly precincts

Section 5 (2) (c)

omit

16 Section 5 (3), definition of members’ entrance canopy

omit

17 Licences

New section 7A (3A)

insert

(3A) The Speaker may delegate the Speaker’s functions under this section to—

(a) the clerk of the Legislative Assembly; or

(b) a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification.

18 Removal of people

Section 9 (5)

substitute

(5) The Speaker may delegate the Speaker’s functions under this section to—

(a) the clerk of the Legislative Assembly; or

(b) a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification; or

(c) a member of staff of the Office of the Legislative Assembly who is responsible for the security of the Legislative Assembly.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

Part 7 Ombudsman Act 1989

19 Appointment

Section 22 (4) (a)

omit

20 Section 22 (5)

substitute

(5) The Speaker must not appoint a person as the ombudsman unless—

(a) the Speaker is satisfied that the person has extensive knowledge of, and experience in—

(i) public administration; or

(ii) dispute resolution; or

(iii) complaint handling; and

(b) the relevant Assembly committee agrees to the person’s appointment.

21 New section 37A

insert

37A Assistance for Speaker

In exercising a power under this Act, the Speaker may seek administrative support or advice from—

(a) the Office of the Legislative Assembly; or

(b) an entity that is able to provide objective administrative support or advice.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 14 September 2017.

2 Notification

Notified under the Legislation Act

on 2017.

3 Republications of amended laws

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

.









































© Australian Capital Territory 2017

 


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