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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Broadcasting Corporation (Scrutiny of Board Appointments) Amendment Bill
2002
No. ,
2002
(Senator
Bourne)
A Bill for an Act to amend the
Australian Broadcasting Corporation Act 1983 to provide for scrutiny of
appointments to the ABC Board, and for related purposes
Contents
A Bill for an Act to amend the Australian Broadcasting
Corporation Act 1983 to provide for scrutiny of appointments to the ABC
Board, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Broadcasting Corporation
(Scrutiny of Board Appointments) Amendment Act 2002.
This Act commences on the day on which it receives the Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 12(3)
Repeal the subsection, substitute:
(3) The Board shall elect one of the non-executive Directors to be the
Chair of the Board and another of the non-executive directors to be Deputy Chair
of the Board.
2 After section 12
Insert:
(1) The Minister must cause each instrument of appointment referred to in
subsection 12(2) to be tabled in each House of the Parliament within 5 sitting
days of that House after the appointment is made.
(2) Either House may, following a motion upon notice, pass a resolution
disallowing the appointment. To be effective, the resolution must be passed
within 5 sitting days of the House after a copy of the instrument of appointment
was tabled in that House.
(3) If neither House passes such a resolution, the instrument of
appointment takes effect on the day immediately after the last day upon which
such a resolution could have been passed.
(4) Where:
(a) a notice referred to in subsection (2) is given with respect to
an appointment; and
(b) at the expiration of the period during which a resolution disallowing
the appointment could have been passed:
(i) the notice has not been withdrawn and the relevant motion has not been
called on; or
(ii) the relevant motion has been called on, moved and seconded and has
not been withdrawn or otherwise disposed of;
the appointment shall be deemed to have been disallowed.
(5) If an instrument of appointment is not tabled in each House of
Parliament in accordance with this section, it cannot take effect.
(6) A Director may only be appointed to the Board if the provisions of
this section have been complied with.
3 After section 12
Insert:
(1) The Board must keep minutes of its meetings and records of any
resolutions taken to have been passed at its meetings.
(2) The Board shall publish details of its activities in the annual report
including:
(a) dates, times and locations of meetings; and
(b) attendance at meetings; and
(c) a general description of business considered and resolutions passed at
meetings.
(3) Details required to be published in accordance with this section must
also be available and distributed to attendees at the public consultation
meeting next occurring after a meeting or meetings of the Board.
(1) The Board shall, once in every quarter in a calendar year, hold a
public consultation meeting at a State or Territory capital city or a regional
centre in which a public consultation meeting has not been held during that
calendar year.
(2) The Board shall within the first calendar month of each calendar year
publish on the ABC website and in the Gazette a schedule notifying in
which State or Territory capital cities and regional centres public consultation
meetings will be held during that calendar year.
(3) The Board shall, two weeks before the day on which the public
consultation meeting is to be held, cause a notice to be published on the ABC
website and in the Gazette specifying:
(a) the day on which the public consultation meeting of the Board is
intended to be held and the time and place at which that meeting is intended to
be held; and
(b) items of business to be considered at the public consultation
meeting.
(4) The Board shall, in addition to the publication in accordance with
subsection (3), of a notice on the ABC website and in the Gazette
setting out particulars in respect of a public consultation meeting, cause those
particulars to be made public, from time to time before the meeting, on ABC TV
and on ABC radio.
(5) The purpose of a public consultation meeting is to provide an
opportunity for interested persons:
(a) to consider the most recent annual report of the Corporation;
and
(b) to receive an address by the Chair of the Board, which may be
delivered by a Board member, with respect to the performance of the Corporation
in the year to which the annual report relates and with respect to the outlook
for the Corporation, and the intended performance of the Corporation, in the
year next following that year; and
(c) to question the members of the Board of the Corporation concerning any
aspect of the Corporation’s activities during the year to which the annual
report relates and any aspect of the intended activities of the
Corporation.
(6) Not less than five members of the Board must be in attendance for the
duration of each public consultation meeting.
(7) A member must attend not less than two public consultation meetings in
a calendar year but the Chair of the Board may grant an exemption from this
requirement in such circumstances as the Chair thinks fit.
(8) Each public consultation meeting shall be chaired by:
(a) a member of the Board, other than the Chair, selected at the
discretion of the Board; or
(b) a member of staff of the Corporation selected by the Board.