Australian Capital Territory Numbered Acts

OFFICERS OF THE ASSEMBLY LEGISLATION AMENDMENT ACT 2013 (NO. 41 OF 2013) - SECT 24

substitute

Division 2.3     Functions of electoral commissioner

Division 2.4     Appointment of members of electoral commission

12     Appointment

    (1)     The Speaker must, on behalf of the Territory, appoint the members of the electoral commission.

    (2)     The appointment must be made—

        (a)     on the advice of the relevant Assembly committee; and

        (b)     in consultation with the Chief Minister; and

        (c)     in consultation with the Leader of the Opposition; and

        (d)     in consultation with the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and

        (e)     in accordance with the merit principles set out in the Public Sector Management Act 1994

, section 65 (Application of merit principle).

    (3)     The Speaker must not appoint a person as a member of the electoral commission unless satisfied that the person has extensive knowledge of, and experience in—

        (a)     for the commissioner—

              (i)     electoral systems or management; or

              (ii)     public administration; or

        (b)     for a member of the electoral commission other than the commissioner—

              (i)     an area mentioned in paragraph (a); or

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

    (4)     A member of the electoral commission is appointed on the terms (if any) in relation to matters not provided for by this part or a determination under the Remuneration Tribunal Act 1995

that are prescribed by the management standards under the Public Sector Management Act 1994

.

    (5)     The appointment is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

12AA     Acting appointment—commissioner

    (1)     Before the Speaker appoints a person to act as the commissioner, the Speaker must consult with the chair of the relevant Assembly committee about the proposed appointment.

    (2)     However, for a period of leave of absence approved by the Speaker under section 18E, the commissioner may appoint a person to act as commissioner after consulting with the Speaker.