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2002
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN
CAPITAL TERRITORY LEGISLATION AMENDMENT BILL 2002
EXPLANATORY
MEMORANDUM
(Circulated by authority of the Minister for Regional
Services, Territories and Local Government, the Honourable Wilson Tuckey,
MP)
AUSTRALIAN CAPITAL TERRITORY LEGISLATION AMENDMENT BILL 2002
The purpose of the Bill is to:
• amend the Australian Capital
Territory (Self-Government) Act 1988 [the Self-Government Act] to remove
inconsistencies following the passage of the 1997 amendments to the Electoral
Act 1992 (ACT), and other technical amendments; and
• amend the
Australian Capital Territory (Planning and Land Management) Act 1988 [the
PALM Act] to provide for a quorum at National Capital Authority meetings when
the full-time member is precluded from being present because of the conflict of
interest provisions in Section 42 of the PALM Act.
The Bill will have no substantial or direct effect on Commonwealth
expenditure or revenue.
AUSTRALIAN CAPITAL TERRITORY LEGISLATION
AMENDMENT BILL 2002
1. Clause 1 is a formal provision specifying the short title of the
Bill.
2. The Bill will commence on the day it receives royal assent.
3. Clause 3 provides for the amendment of the Acts specified in the
Schedule to this Act as set out in the applicable items in the
Schedule.
This subsection specifies the office holder who is not to be appointed as
Commissioner in the event of dissolution of the Legislative Assembly by the
Governor-General under Section 16 of the Act. This amendment removes a
reference to a position which no longer exists, 'the Head of Administration', by
repealing the current subsection 16(9). Two new subsections are substituted in
the place of subsection 16(9), providing for 'a person holding office, or acting
as, Chief Executive of the Chief Minister's Department' not to be appointed as a
Commissioner. Subsection 16(10) provides that, even if the name of that
position is changed, that office holder is still excluded from being appointed
Commissioner.
Amendments to this subsection are designed to clarify the circumstances
under which a Chief Minister or Minister vacate their office by separately
detailing the circumstances affecting each office.
The current subsection 48(1) defines a pre-election year for the
Australian Capital Territory (ACT) Legislative Assembly. It is redundant
because of the repeal of subsection 48(4) (see item 4) and is therefore
repealed.
Subsection 48(4) currently provides that an election instigated by the
special circumstances described in subsection 48(2) shall not be held in the
period from August to February in a pre-election year. This provision was
intended to avoid an election being called by the Commonwealth Minister in the
six months prior to a scheduled election when ACT general elections were held in
February of every third year.
The timing of ACT general elections was
changed from February to October of every third year by the Electoral
(Amendment) Act 1997 (ACT). This amendment, made without consulting the
Commonwealth, resulted in a misalignment between ACT and Commonwealth
legislation in relation to dates for a general election.
Subsection
100(3) of the Electoral Act 1992 (ACT) as amended in 1997 provides that a
general election will not be held if an election under the Commonwealth Act, or
an 'extraordinary election', has been held in the previous six months.
Therefore, subsection 48(4) is repealed because it is inconsistent with the ACT
legislation providing for the timing of elections, and irrelevant because of
provisions in the Electoral Act 1992 (ACT).
Subsections 67(2) to (5) describe the qualifications for persons to be
elected to the ACT Legislative Assembly. As provided by subsection 67(1), these
matters are now dealt with by ACT legislation (ie, the Electoral Act 1992
(ACT)). Subsections 67(2) to (5) are therefore redundant and should be
repealed.
This subsection provides that the ACT Legislative Assembly pass laws
dealing with general elections. The Electoral Act 1992 (ACT) has since
done this and therefore subsection 67A(1) is repealed.
This subsection provides that the ACT Legislative Assembly pass laws
dealing with election funding. The Electoral Act 1992 (ACT) has since
done this and therefore subsection 67E is repealed.
Section 68 deals with casual vacancies in the ACT Legislative Assembly.
The Electoral Act 1992 (ACT) as amended in 1997 has now made provision
for the filling of casual vacancies, and the section is therefore
repealed.
Subsection 70(1) contains the terms 'Head of Administration' and
'Associate Heads of Administration'. These positions no longer exist and the
terms are therefore omitted.
Schedule 4 refers to 'the Head of Administration, Associate Heads of
Administration' in the list of persons for whom the ACT Executive has power to
set remuneration, allowances and other entitlements. These positions no longer
exist and the terms are therefore omitted.
Item 11 - Schedule
4
Schedule 4 refers to 'the Head of Administration, an Associate Head
of Administration' in the list of persons on which certain powers or authorities
are expressly conferred. These positions no longer exist and the terms are
therefore omitted.
Item 12 - Schedule 4
Schedule 4 refers
to 'a member of the staff' in the list of persons on which certain powers or
authorities are expressly conferred. This reference is amended to reflect the
existence of the ACT Public Service since 1994 by substituting with the words
'member of the public service'.
Item 1 inserts a clause stating that subsection 43(6A) operates in
setting a quorum.
Item 2 inserts a new subsection specifying how a quorum is to be
constituted at a meeting of the National Capital Authority when the full-time
member is precluded from being present by section 42 of the PALM Act, which
relates to the disclosure of a direct or indirect pecuniary interest.