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This is a Bill, not an Act. For current law, see the Acts databases.
ANNUAL REPORTS (GOVERNMENT AGENCIES) BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Annual
Reports (Government Agencies) Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Annual Reports
(Government Agencies) Bill 2003
A Bill for
An Act relating to annual reports for certain government agencies, and for
other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Annual Reports (Government Agencies) Act
2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines
terms used in this Act, and includes references
(signpost definitions) to other
terms defined elsewhere in this Act.
For example, the signpost definition
‘chief executive
annual report—see section
5.’ means that the term ‘chief executive
annual report’ is defined in that
section.
Note 2 A definition in the dictionary
(including a signpost definition) applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the contrary
intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
5 Annual
report of chief executive
(1) The chief executive of an administrative unit must, for each financial
year, prepare a report (a chief executive annual
report) about the operations of the administrative unit during the
year.
(2) The report must comply with any applicable annual report
direction.
(3) In this section:
financial year includes, for an administrative unit that
begins operation during a financial year, the part of the financial year during
which the administrative unit operates.
Note This definition extends the meaning of financial year as
defined in the Legislation Act, dict, pt 1.
6 Annual
report of public authority
(1) A public authority must, for each financial year, prepare a report
(a public authority annual report) about the operations of the
authority during the year.
(2) The report must comply with any applicable annual report
direction.
(3) In this section:
financial year includes—
(a) for a public authority for which a direction under
section 8 (2) (d) (Annual report direction) is in
effect—the period stated in the direction; and
(b) for a public authority that begins operation during a financial year
and for which no direction under section 8 (2) (d) is in effect—the part
of the financial year during which the public authority operates.
Note 1 This definition extends the meaning of financial year
as defined in the Legislation Act, dict, pt 1.
Note 2 The auditor-general is a public authority (see dict, def
public authority). However, the auditor-general is not required to
comply with this Act in certain circumstances (see the Auditor-General Act
1996, s 9A (Reports for Annual Reports (Government Agencies)
Act 2004)).
7 Annual
report of commissioner for public administration
(1) The commissioner for public administration must, for each financial
year, prepare a report (a public administration annual
report) about the operations of the public service during the
year.
(2) The report must include an account of the management of the public
service as a whole during the financial year.
8 Annual
report direction
(1) The Minister may, in writing, issue a direction (an annual
report direction) about annual reports.
(2) An annual report direction may—
(a) require an annual report to be in a stated form or include stated
information; or
(b) for a chief executive annual report—require the report to
include (as an attachment or otherwise) a public authority annual report;
or
(c) for a public authority annual report—require the report to be
given to a chief executive for inclusion (as an attachment or otherwise) in a
chief executive annual report; or
(d) for a public authority annual report—require the authority to
prepare the report for a stated period other than a financial year; or
(e) require an annual report to be given by a stated person or stated
public authority to the responsible Minister for the report by a stated day;
or
(f) require a chief executive annual report to include stated matters if a
public authority fails to comply with section 6 (Annual report of public
authority) or an annual report direction.
(3) An annual report direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) An annual report direction must be presented to the Legislative
Assembly within 6 sitting days after the day it is notified under the
Legislation Act.
Part
3 Responsible
Ministers
9 Responsible
Minister for chief executive annual report
The responsible Minister for a chief executive annual report of the chief
executive of an administrative unit is the Minister allocated responsibility for
the administrative unit under the Public Sector Management Act 1994,
section 14 (1) (a) (Ministerial responsibility and functions of
administrative units).
10 Responsible
Minister for public authority annual report
(1) The responsible Minister for a public authority annual report
is—
(a) for a public authority established or appointed under an Act—the
Minister administering the Act in the relevant respect; or
(b) for any other public authority—the Minister declared under
section 11 to be the responsible Minister for the public authority.
(2) This section does not apply in relation to an annual report of the
auditor-general.
11 Declaration
of responsible Minister for public authority
(1) The Chief Minister may, in writing, declare that a Minister is the
responsible Minister for a public authority other than the
auditor-general.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Part
4 Presentation of annual
reports
12 Responsible
Minister to present annual report
(1) Subject to subsection (4), the responsible Minister for an annual
report must present the report to the Legislative Assembly—
(a) within 3 months after the end of the financial year (the 3-month
period); and
(b) on the day declared by the Chief Minister under subsection (2) for the
report (if any).
(2) The Chief Minister may, in writing, declare that an annual report must
be presented to the Legislative Assembly on a stated day that is within the
3-month period.
(3) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) If an annual report has not been presented to the Legislative Assembly
before the last 7 days of the 3-month period for the report, and there are no
sitting days of the Legislative Assembly during the 7 days—
(a) the responsible Minister must give the report, and a copy for each
member of the Legislative Assembly, to the Speaker before the end of the 3-month
period; and
(b) the Speaker must arrange for a copy of the report to be given to each
member of the Legislative Assembly on the day the responsible Minister gives it
to the Speaker; and
(c) the responsible Minister must present the report to the Legislative
Assembly—
(i) on the next sitting day after the end of the 3-month period;
or
(ii) if the next sitting day is the first meeting of the Legislative
Assembly after a general election of members of the Assembly—on the second
sitting day after the election.
(5) This section has effect subject to section 13.
(6) In this section:
Speaker includes—
(a) if the Speaker is unavailable—the Deputy Speaker; and
(b) if both the Speaker and Deputy Speaker are unavailable—the clerk
of the Legislative Assembly.
unavailable—the Speaker or Deputy Speaker is
unavailable if—
(a) he or she is absent from duty; or
(b) there is a vacancy in the office of Speaker or Deputy
Speaker.
13 Extension
of time for presenting annual reports
(1) The responsible Minister for an annual report may apply to the Chief
Minister for an extension of the time when the Minister must present the report
to the Legislative Assembly or, if section 12 (4) applies, when the responsible
Minister must give the report to the Speaker.
(2) An application for an extension must be made before the end of the
3-month period for the report and, if the Chief Minister has declared a day
under section 12 (2) for the report, before that day.
(3) The application must be accompanied by a written statement of the
reasons for the failure to meet the time.
(4) The Chief Minister may extend the time by—
(a) setting a period within which the report must be presented to the
Legislative Assembly; or
(b) fixing a day when the report must be presented to the Legislative
Assembly.
(5) If the extension has been granted, the responsible Minister must
present the report to the Legislative Assembly in accordance with the
extension.
(6) However, if there are no sitting days of the Legislative Assembly
during the period mentioned in subsection (4) (a), section 12 (4) (a) to (c)
applies as if a reference to the 3-month period were a reference to the period
mentioned in subsection (4) (a).
(7) The statement mentioned in subsection (3) must be presented to the
Legislative Assembly during the 3-month period for the report and, if the Chief
Minister has declared a day under section 12 (2) for the report, on or before
that day.
(8) In this section:
3-month period—see section 12 (1).
14 Presentation
of annual report of auditor-general
(1) The Speaker must present an annual report of the auditor-general to
the Legislative Assembly within 3 months after the end of the financial year
(the 3-month period).
(2) However, if an annual report of the auditor-general has not been
presented to the Legislative Assembly before the last 7 days of the 3-month
period for the report, and there are no sitting days of the Legislative Assembly
during the 7 days—
(a) the auditor-general must give a copy of the report for each member of
the Legislative Assembly to the Speaker before the end of the 3-month period;
and
(b) the Speaker must arrange for a copy of the report to be given to each
member of the Legislative Assembly on the day the auditor-general gives it to
the Speaker; and
(c) the Speaker must present the report to the Legislative
Assembly—
(i) on the next sitting day after the end of the 3-month period;
or
(ii) if the next sitting day is the first meeting of the Legislative
Assembly after a general election of members of the Assembly—on the second
sitting day after the election.
(3) At the request of the auditor-general, the Speaker may present a
report of the auditor-general to the Legislative Assembly after the time
required under subsection (1) or, if applicable, subsection (2).
(4) If subsection (3) applies, the Speaker must present the report to the
Legislative Assembly as soon as possible.
15 Declaration
of public authority
(1) The Minister may, in writing, declare that a statutory office-holder
is a public authority for the dictionary, definition of public
authority.
(2) The Minister may, in writing, declare that an authority, tribunal,
commission, council, board, institute, committee, organisation or other entity
established under an Act is a public authority for the dictionary, definition
of public authority.
(3) A declaration under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(1) This section applies if—
(a) a person is required to prepare more than 1 report under this Act in
relation to the same financial year; and
(b) the person considers that the reports can appropriately be combined
into a single report that complies with this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act (see Legislation Act, s
104).
(2) The preparation of a combined report, and presentation of the report
to the Legislative Assembly, is taken to comply with the requirements of this
Act about the preparation and presentation of the reports that have been
combined.
17 Relationship
to other laws
(1) This Act is in addition to the requirements of any other Territory
law.
(2) If a public authority is required under any other law to prepare a
report on the operation of the authority, the authority may prepare a report
that complies with both this Act and the other law.
(1) For an annual report, this Act applies in relation to a financial year
that ends after the commencement of this section, whether or not the year
includes a period that began before the commencement.
(2) This section expires on 1 July 2005.
Note Financial year has an extended meaning in this Act (see
dict).
Part
6 Amendments of section 5 and section
8—human rights
This part has effect on the commencement of the Human Rights
Act 2004.
substitute
(2) The report must—
(a) include a statement describing the measures taken by the
administrative unit during the financial year to respect, protect and promote
human rights; and
(b) comply with any applicable annual report direction.
21 Act,
new section 8 (2) (da) and note
insert
(da) for a public authority annual report—require the report to
include a statement describing the measures taken by the public authority during
the financial year to respect, protect and promote human rights; or
Note Financial year has an extended meaning in this Act (see
dict).
renumber paragraphs when Act next republished under Legislation
Act
This part expires—
(a) on the day after it has effect; or
(b) if it has not had effect before 1 January 2005—on
1 January 2005.
Part
7 Repeals and consequential
amendments
The Annual Reports (Government Agencies) Act 1995 A1995-24 is
repealed.
The following instruments are repealed:
• Annual Reports (Government Agencies) Declaration and
Direction 2003 NI2003-268
• Annual Reports (Government Agencies) — Chief
Minister’s Annual Report Directions 2002 (No 1) NI2002-214
26 Auditor-General
Act 1996, new section 9A
insert
9A Reports for Annual Reports (Government Agencies)
Act 2004
If the auditor-general considers that compliance with the Annual Reports
(Government Agencies) Act 2004 would prejudice the auditor-general’s
independence, the auditor-general is not required to comply with that Act to
that extent.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• administrative unit
• auditor-general
• chief executive (see s 163)
• Chief Minister
• clerk (of the Legislative Assembly)
• commissioner for public administration
• entity
• Minister (see s 162)
• notifiable instrument (see s 10)
• public service
• sitting day
• statutory office-holder
• Territory owned corporation.
annual report means—
(a) a chief executive annual report; or
(b) a public authority annual report; or
(c) a public administration annual report.
annual report direction—see section 8.
chief executive annual report—see section 5.
financial year—
(a) for a chief executive annual report—see section 5 (3);
or
(b) for a public authority annual report—see section 6
(3).
public administration annual report—see section
7.
public authority means—
(a) a Territory instrumentality; or
(b) a statutory office-holder declared under section 15 (1) to be a public
authority; or
(c) an entity declared under section 15 (2) to be a public authority;
or
(d) the auditor-general.
public authority annual report—see section 6.
responsible Minister—
(a) for a chief executive annual report—see section 9; or
(b) for a public authority annual report—see section 10;
or
(c) for a public administration annual report—means the Chief
Minister.
Speaker—see section 12 (6) (Responsible Minister to
present annual report).
Territory instrumentality—
(a) see the Legislation Act, dictionary, part 1; and
(b) includes a Territory owned corporation.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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