Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2007 (NO. 3 OF 2007) - SCHEDULE 2

Schedule 2     Structural amendments

(see s 5)

Part 2.1     Legislation Act 2001

[2.1]     Section 227 (2) (b)

substitute

        (b)     a person to, or to act in, a statutory position for not longer than 6 months, unless the appointment is of the person to, or to act in, the position for a 2nd or subsequent consecutive period; or

Explanatory note

Section 227 deals with the application of division 19.3.3. The division is about consultation with Legislative Assembly committees on appointments made by Ministers to statutory positions. It also provides that the instrument making, or evidencing, an appointment to which the division applies is a disallowable instrument.

Section 227 (2) provides 3 exceptions to the application of the division. First, the appointment of a public servant to a statutory position. Second, short-term acting appointments. Third, an appointment the only function of which is to advise the Minister. This amendment is concerned with the 2nd exception.

Existing section 227 (2) (b) excludes the appointment of a person to act in a statutory position for not longer than 6 months, unless the appointment is of the person to act in the position for a 2nd or subsequent consecutive period. The provision does not presently deal with substantive appointments. The amendment extends the exception to short-term, one-off substantive appointments. The effect of the amendment is to remove the anomalous different treatment of substantive appointments. This is in keeping with the approach taken elsewhere in part 19.3 of treating substantive and acting appointments in the same way as far as possible.

[2.2]     Dictionary, part 1, definition of emergency services authority

omit

Explanatory note

This amendment omits a redundant definition. The emergency services authority was abolished by the Administrative (Miscellaneous Amendments) Act 2006 .

[2.3]     Dictionary, part 1, new definition of institute of technology

insert

"institute of technology" means the Canberra Institute of Technology under the Canberra Institute of Technology Act 1987 .

Explanatory note

This amendment inserts a new definition into the dictionary, part 1.

[2.4]     Dictionary, part 1, definition of territory instrumentality , note

substitute

Note     Territory instrumentality is defined in the Public Sector Management Act 1994 , dict.

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Public Sector Management Act 1994 by an amendment in schedule 3.