Commonwealth Consolidated Acts

AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) ACT 1988 - SECT 16

  (1)   If, in the opinion of the Governor - General, the Assembly:

  (a)   is incapable of effectively performing its functions; or

  (b)   is conducting its affairs in a grossly improper manner;

the Governor - General may dissolve the Assembly.

  (2)   Where the Assembly is dissolved:

  (a)   the Governor - General:

  (i)   shall appoint a Commissioner for the purposes of this section; and

  (ii)   may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and

  (b)   a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette , being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.

  (3)   The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.

  (4)   The Commissioner:

  (a)   shall exercise all the powers of the Executive in accordance with any directions given by the Governor - General; and

  (b)   if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment--may do so with the authority of the Governor - General.

  (5)   The Commissioner shall be paid such remuneration and allowances as are determined by the Governor - General.

  (6)   Unless sooner terminated by the Governor - General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.

  (7)   The powers of the Governor - General under this section shall be exercised by Proclamation.

  (8)   The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:

  (a)   published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and

  (b)   laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.

  (9)   A person holding office, or acting as, Chief Executive of the Chief Minister's Department must not be appointed as a Commissioner under this section.

  (10)   If the name of the office of Chief Executive, or of the Chief Minister's Department, is changed, a reference in subsection   (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.