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This is a Bill, not an Act. For current law, see the Acts databases.
BUSHFIRE RECONSTRUCTION AUTHORITY BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Bushfire
Reconstruction Authority Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Bushfire
Reconstruction Authority Bill 2003
A Bill for
An Act to establish a Bushfire Reconstruction Authority, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Bushfire Reconstruction Authority Act
2003.
This Act commences on a day fixed by the Chief 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 certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act or in other legislation.
For example, the signpost definition
‘development—see the Land (Planning and
Environment) Act 1991, section 222.’ means that the word
‘development’ is defined in that section and the definition applies
to this Act.
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 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
6 Meaning
of bushfire emergency
In this Act:
bushfire emergency means the period that began on
18 January 2003 and ended on 28 January 2003.
7 Meaning
of fire-affected area
In this Act:
fire-affected area means an area, whether urban or rural,
prescribed under the regulations as being affected by fire or other natural
causes during the bushfire emergency.
8 Meaning
of recovery period
(1) In this Act:
recovery period means the period beginning on the day section
10 (Establishment of Bushfire Reconstruction Authority) commences and
ending—
(a) 2 years after that day; or
(b) if the Minister fixes an earlier day under subsection (2)—the
earlier day.
(2) The Minister may, by written notice, fix a day for the end of the
recovery period.
(3) A notice under subsection (2) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
9 Duration
of effect of Act
(1) After the end of the recovery period, the authority may exercise its
functions only to wind up its affairs.
(2) The authority ceases to exist on a day fixed by the Minister by
written notice that is not earlier than the end of the recovery
period.
(3) A notice under subsection (2) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) On the day fixed for subsection (2)—
(a) any property that, immediately before that day, was vested in the
authority vests in the Territory; and
(b) any liabilities to which the authority was subject immediately before
that day become liabilities of the Territory.
(5) If the authority is a party to a contract or agreement immediately
before the day fixed for subsection (2), the contract or agreement continues in
force but has effect as if—
(a) the Territory were substituted for the authority as a party to the
contract or agreement; and
(b) any reference in the contract or agreement to the authority were a
reference to the Territory.
Part
2 Establishment and
functions
10 Establishment
of Bushfire Reconstruction Authority
(1) The Bushfire Reconstruction Authority is established.
(2) The authority—
(a) is a corporation; and
(b) may have a seal.
(3) In exercising its functions, the authority has the same capacity as an
individual.
The authority has the following functions during the recovery
period:
(a) to assist the Territory government in deciding the desirable extent,
nature and purposes of the land use and development of the fire-affected
areas;
(b) to carry out planning for the land use and development of
fire-affected areas in accordance with any policies of the Territory government,
and recommend to the Minister general planning and development schemes for the
fire-affected areas;
(c) to undertake development in the fire-affected areas and to supervise,
control and cooperate in the undertaking of development by other authorities and
people in the fire-affected areas;
(d) to provide, and arrange, coordinate and control the provision of,
works, services, facilities and public utilities in the fire- affected
areas;
(e) to give the Territory government, through the Minister, advice
about—
(i) the expenditure of public and private money for development and
construction in the fire-affected areas; and
(ii) the coordination of that expenditure; and
(iii) other matters related to the functions of the authority;
(f) to carry out activities incidental to its other functions.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
12 Government
agencies to assist the authority
All administrative units and Territory authorities must give the authority
any assistance in carrying out its functions that is reasonably
practical.
The authority has the following powers, subject to any regulations made for
this section:
(a) to control and administer land vested in the authority or placed under
its control;
(b) to make contracts, including contracts for carrying out building or
other work for other bodies or individuals;
(c) to use agents;
(d) to purchase or take on hire, and to dispose of or let out, plant,
machinery, equipment or other goods;
(e) to make arrangements with individuals and bodies to ensure that there
are sufficient building and workforce resources available for development in
fire-affected areas;
(f) to charge fees for work done, or for anything else done or provided,
by the authority.
14 Special
attention to bushfire protection
In the exercise of its functions, the authority must give particular
attention to the extent to which, and the way in which, buildings and services
in the fire-affected areas should be made capable of resisting damage by
bushfire.
15 Community
consultation
(1) The authority must, as far as practicable, ensure that the views of
residents and affected entities in the ACT are actively sought and substantially
taken into consideration in making decisions about the exercise of its
functions.
(2) To comply with subsection (1), the authority may establish committees,
conduct inquiries and do anything else it considers desirable to consult with
residents and affected entities in the ACT about the proposed exercise of the
authority’s functions.
Division
2.2 Planning and
development
16 Proposals,
and objections to proposals, for planning and development
schemes
(1) The authority may prepare proposals for general planning and
development schemes for the development of the fire-affected areas.
(2) The authority must make the proposals available for inspection by the
public for a period of at least 1 month.
(3) When any proposals are available for public inspection under
subsection (2), a person who has an interest in land in the fire-affected areas
that is affected by those proposals may object to the proposals.
(4) An objection under subsection (3) must—
(a) be in writing; and
(b) set out the reasons for the objection; and
(c) be given to the authority.
(5) The authority may, by written notice to the person making an
objection, give the person an opportunity to make submissions to the authority,
either orally or in writing, in relation to the objection, within a period
stated by the authority in the notice.
(6) After the period within which a person may make submissions under
subsection (5) in relation to an objection, the authority may change the
proposals to which the objection was made in any way that it considers
appropriate and may recommend to the Minister that the proposals, or the
proposals as changed, be adopted.
17 Approved
planning and development schemes
(1) The Minister may approve a general planning and development scheme (an
approved scheme) after considering any recommendations of the
authority under section 16.
(2) An approved scheme is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) The authority must exercise its functions in relation to development
in accordance with any relevant approved scheme.
(4) All administrative units and Territory authorities must comply with an
approved scheme.
(5) If the Territory plan is inconsistent with an approved scheme, the
plan is taken to be amended to the extent necessary to be consistent with the
scheme.
(1) The authority must give the Minister—
(a) programs for development in the fire affected areas in particular
periods; and
(b) a program for a particular period when directed to do so by the
Minister.
(2) A program must be in a form approved by the Minister and must indicate
the objectives that the authority considers should be achieved during the period
concerned, and the nature and extent of public and private investment.
19 Territory
land under control of authority
(1) The Minister may, by written direction, place under the control of the
authority any land in a fire-affected area that is the property of the Territory
and is not included in a lease granted to any other person.
(2) A direction under subsection (1) is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) In relation to any land controlled by the authority under this
section—
(a) the authority may, subject to this section, occupy and manage the land
and carry out any works on, and make any use of, the land in the exercise of its
functions as it considers appropriate; and
(b) the authority must not dispose of the land by sale or lease;
and
(c) the land may not be disposed of by the Territory, by sale or lease,
without the authority’s consent;
(4) When the management or use of any land that has been placed under the
control of the authority under this section is no longer required by the
authority, the authority must surrender the control of the land to the
Territory.
(5) The Minister may, by written notice to the authority, revoke a
direction under subsection (1).
(6) A notice of revocation under subsection (5) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
20 Approval
to undertake development
(1) A person commits an offence if, in a fire-affected area and on or
after a date declared in writing by the Minister, the person begins, continues
or completes a development consisting of the erection, alteration or demolition
of a building, or the performance of any related works.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply if the person begins, continues or
completes a development mentioned in the subsection—
(a) with the approval of the authority; and
(b) in accordance with any conditions to which the approval is
subject.
(3) A declaration under subsection (1) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) An offence against subsection (1) is a strict liability
offence.
(5) The Territory or a Territory authority must not, without reasonable
excuse, fail to comply with subsection (1).
(6) For the guidance of persons seeking approval under this section, the
authority may approve building codes or other rules, not inconsistent with any
regulations under this Act, with effect as amended from time to time.
(7) A building code or rule approved under subsection (6) is a
disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(8) A development undertaken in accordance with an approval may be
undertaken despite any Territory law that would otherwise prevent it.
(9) The Supreme Court may, on the application of the authority, grant
injunctions, including mandatory and interlocutory injunctions, for securing
compliance with this section, or arising out of any failure to comply with, this
section.
(10) This section is subject to any regulations—
(a) regulating or restricting the power of the authority to give or refuse
approvals, including regulations about building standards and requirements;
or
(b) exempting people, buildings, land, developments or work from the
operation of this section.
(1) The authority may only enter, or perform work on, land not owned or
controlled by the authority, the Territory or another Territory authority if
authorised under—
(a) this section or the regulations; or
(b) any other Territory law; or
(c) an agreement with any person.
(2) For the purposes of public health or safety, the authority may, by its
authorised employees, agents or contractors, enter on land mentioned in
subsection (1)—
(a) to demolish dangerous or damaged buildings, remove debris, goods and
materials, and perform any related work, on that land; or
(b) to do work on that land in the exercise of its functions in relation
to other land.
(3) The authority is liable to pay any reasonable compensation decided by
agreement or by a court of competent jurisdiction for loss or damage resulting
from the exercise of its powers under this section.
(4) A person commits an offence if the person intentionally obstructs or
hinders the authority or anyone else in the exercise of powers under this
section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
22 Directions
about occupation of dangerous land
(1) The authority may, by written notice giving reasons, direct everyone
to leave, or prohibit everyone from entering, any premises in a fire-affected
area that are, in the authority’s opinion, in a dangerous condition or
unfit for occupation.
(2) A direction under subsection (1) must be displayed prominently at the
premises concerned.
(3) A person authorised in writing by the authority may, by written notice
to a person giving reasons, direct the person to leave, or prohibit the person
from entering, any premises in a fire-affected area that are, in the opinion of
the person giving the direction, in a dangerous condition or unfit for
occupation.
(4) A person commits an offence if the person contravenes a direction
applying to the person that is displayed, or given to the person, in accordance
with this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(5) An offence against subsection (4) is a strict liability
offence.
(6) However, a person is not required to comply with a direction given to
the person under subsection (3) if, at the request of the person, the person
giving the direction fails to produce the authorisation mentioned in that
subsection.
Part
3 Board of
management
23 Establishment
of board
A board of management (the board) is established for the
authority.
(1) The board has general responsibility for the policies and management
of the authority.
(2) Without limiting subsection (1), the board is required
to—
(a) decide the strategies and policies to be followed by the authority;
and
(b) ensure that the authority exercises its functions in a proper,
effective and efficient way.
(1) The board consists of the directors.
(2) The Chief Minister may appoint a person to be director of the
authority.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act, div
19.3.3).
(3) The number of directors must be not less than 4 and no more than
6.
(4) Of the directors—
(a) at least 1 must be appointed to represent the interests of people who
suffered injury or property damage during the bushfire emergency because of fire
or other natural causes; and
(b) at least 1 must have expertise or experience in reconstruction
following natural disasters; and
(c) at least 1 must have expertise or experience in the construction
industry.
(5) An appointment must not be for a term longer than 3 years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
26 Chairperson
and deputy chairperson
(1) The Chief Minister must appoint a director to be the chairperson of
the board.
(2) The directors must elect one of their number to be the deputy
chairperson of the board.
In the exercise of a function as a director, a director must exercise the
degree of honesty, care and diligence that is required to be exercised by a
director of a company in relation to the affairs of the company.
28 Ending
of appointment of director
(1) The Chief Minister must end the appointment of a director if the
director—
(a) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(b) is absent, except with the board’s leave, from 3 consecutive
meetings of the board; or
(c) contravenes section 27 (Honesty and diligence) or division 6.1
(Conduct of people associated with authority); or
(d) contravenes section 29 (Disclosure of interests by directors) without
reasonable excuse; or
(e) is sentenced, in Australia or elsewhere, to imprisonment for at least
1 year; or
(f) is convicted, in Australia or elsewhere, of an
offence—
(i) punishable by imprisonment for 1 year or more; or
(ii) that involves fraud or arises out of the promotion, formation or
management of a corporation.
Note A director’s appointment also ends if the director
resigns (see Legislation Act, s 210).
(2) The Chief Minister may end the appointment of a director if the board
tells the Chief Minister in writing that it has resolved, by a majority of at
least 2/3 of the
directors, to recommend to the Chief Minister that the director’s
appointment be ended.
(3) The board may only pass a resolution mentioned in subsection (2)
if—
(a) at least 21 days written notice of the intention to consider the
proposed resolution has been given to the director concerned; and
(b) the director has been given an opportunity to make submissions and
present documents to a meeting of the board; and
(c) if the member has taken advantage of the opportunity mentioned in
paragraph (b)—a summary of his or her arguments is recorded in the
board’s minutes and a copy of any documents presented is incorporated in
the minutes.
29 Disclosure
of interests by directors
(1) A director who has a relevant interest in an issue being considered,
or about to be considered, by the board must, as soon as practicable after the
relevant facts have come to the director’s knowledge, disclose the nature
of the interest at a meeting of the board.
(2) The disclosure must be recorded in the board’s minutes and,
unless the board otherwise decides, the director must not—
(a) be present when the board considers the issue; or
(b) take part in a decision of the board on the issue.
(3) Any other director who also has a relevant interest in the issue must
not—
(a) be present when the board is considering its decision under subsection
(2); or
(b) take part in the decision.
(4) For this section:
relevant interest, in an issue, means—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the director’s functions in relation
to the board’s consideration of the issue.
30 Reporting
of disclosed interests to Minister
(1) Within 14 days after the day a disclosure of an interest is made under
section 29 (1), the chairperson must report to the Minister in writing
about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the board under section 29 (2).
(2) Not later than 31 July in each year the chairperson must give to the
Minister, a statement setting out the information given to the Minister in
reports under subsection (1) that relate to disclosures made during the previous
financial year.
(3) The Minister must give a copy of the statement to the relevant
committee of the Legislative Assembly within 14 days after the day the Minister
receives the statement.
31 Calling
meetings of board
(1) The chairperson or, if the chairperson cannot do so, the deputy
chairperson—
(a) may at any time call a meeting of the board; and
(b) must call a meeting of the board if asked by the Minister or if asked,
in writing, by at least 2 directors.
(2) A person who calls a meeting of the board must give the other
directors reasonable notice of the time and place of the meeting.
(1) The chairperson must preside at all meetings of the board at which he
or she is present.
(2) If the chairperson is not present at a meeting, the deputy chairperson
must preside.
(3) If the chairperson and the deputy chairperson are both absent from a
meeting, the directors present must elect a director to preside.
(4) Subject to any decision of the board, the procedures to be followed in
connection with a meeting are as the presiding director decides.
(5) If all the directors agree, a meeting may be held by means of a method
of communication, or a combination of methods of communication, that enables all
participants to hear what another participant says without being in each
other’s presence.
(6) A director who takes part in a meeting conducted under
subsection (5) is taken, for all purposes, to be present at the
meeting.
(7) Questions arising at a meeting may be decided by a majority of the
votes of the directors present and voting.
(8) The presiding director has a deciding vote and, if the votes are
equal, a casting vote.
(9) The board must keep minutes of its proceedings in writing or in such
other form as the board decides.
A majority of the directors is a quorum for a meeting.
Part
4 Chief executive officer, staff and
consultants
Division
4.1 Chief executive
officer
34 Appointment
of chief executive officer
(1) The board must appoint a person to be the chief executive
officer.
Note For the making of appointments (including acting
appointments), see Legislation Act, div 18.3.
(2) The chief executive officer’s conditions of appointment are the
conditions agreed between the board and the chief executive officer, subject to
any determination under the Remuneration Tribunal Act 1995.
(3) The board may enter into an agreement mentioned in subsection (2) only
after consulting the Minister.
(4) The board may end the chief executive officer’s appointment only
after consulting the Minister.
35 Functions
of chief executive officer
(1) The chief executive officer must manage the authority’s affairs
on behalf of the board.
(2) The chief executive officer also has any other function given to the
chief executive officer by the board.
(3) The chief executive officer must exercise the chief executive
officer’s functions in accordance with any direction given by the
board.
Division
4.2 Staff and
consultants
The staff of the board are employed under the Public Sector Management
Act 1994.
Note The Public Sector Management Act 1994, s 24 provides
that the chief executive officer of an instrumentality has all the powers of a
chief executive under the Act in relation to staff members who are public
servants. Under that Act, s 3, def chief executive officer, the
chief executive officer of an instrumentality is the person who has
responsibility for managing its affairs.
(1) The board may engage consultants.
(2) However, the board must not enter into a contract of employment under
this section.
Part
5 Accountability and
finance
38 Requests for information
The authority must provide the Minister with all the information about the
affairs of the authority that the Minister asks for.
39 Notification
of significant events
The authority must, as soon as practicable, tell the Minister of any
significant event that affects, or seems likely to affect—
(a) the value of the authority; or
(b) a significant part of its assets; or
(c) the performance of the authority as a whole; or
(d) the discharge of a significant activity of the authority.
40 Ministerial
directions—general
(1) The Minister may give written directions to the authority in relation
to the exercise of its functions.
(2) Before giving a direction the Minister must—
(a) tell the authority of the effect of the proposed direction;
and
(b) give the authority a reasonable opportunity to comment on the proposed
direction; and
(c) consider any comments made by the authority.
(3) On receiving a direction, the authority must comply with it.
(4) The Minister must—
(a) present a copy of a direction to the Legislative Assembly within 6
sitting days after the day the Minister makes it; and
(b) if the copy would not be presented to the Legislative Assembly under
paragraph (a) within 14 days after the day the Minister makes it—give a
copy of the direction to members of the Legislative Assembly within the 14
days.
(5) If subsection (4) is not complied with, the direction is taken to have
been revoked at the end of the period within which the copy of the direction
should have been presented or given to members.
(6) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
41 Ministerial
directions—cost of compliance
(1) The Territory is liable to reimburse the authority for the net
reasonable expense of complying with a direction under section 40.
(2) The net reasonable expense of complying with a direction
is—
(a) if the direction requires the authority to do something that, but for
the direction, it would not have done—the reasonable cost of, and the
estimated revenue foregone in, complying with the direction; or
(b) if the direction requires the authority to perform an activity in a
way that is different from the way the authority had intended to perform
it—the additional cost incurred, and the estimated revenue foregone, in
performing the activity in accordance with the direction; or
(c) if the direction requires the authority to refrain from performing an
activity—the difference (if any) between any estimated foregone revenue
and the savings resulting from the nonperformance of the activity.
(3) An amount is not payable under subsection (2) unless it is agreed to
by the Minister and the authority.
(1) The Minister may ask the authority in writing to prepare and give to
him or her a business plan made up to a date stated in the direction (the
stated date).
(2) If the Minister makes a request under subsection (1), the authority
must give to the Minister a business plan that includes the following:
(a) a profit and loss account for the period from the beginning of the
financial year to the stated date;
(b) a cash flow statement for that period;
(c) a statement of assets and liabilities at the stated date;
(d) estimated profit and loss accounts and cash flow statements for each
of the next 3 financial years;
(e) a statement of estimated assets and liabilities at the end of each of
the next 3 financial years;
(f) a copy of the statement of intent for the current financial year
provided under the Financial Management Act 1996, section 58
(1);
(g) a description of the business and corporate strategies adopted by the
authority;
(h) a description of any significant action that the authority has taken
or intends to take in order to achieve the estimates set out in the statements
under paragraphs (d) and (e);
(i) an explanation of any significant variation disclosed by the business
plan from—
(i) estimates given by the authority for the current or a future financial
year in a previous report; or
(ii) strategies or policies, whether adopted or contemplated, of which
advice had been given in a previous report.
(3) In subsection (2) (i):
previous report, in relation to an explanation of a
variation, means a business plan, information given to the Minister or the
Treasurer, or a statement of intent, given before the variation.
(4) The Minister must—
(a) present a copy of each business plan to the Legislative Assembly
within 6 sitting days after the day the Minister receives it; and
(b) if the copy would not be presented to the Legislative Assembly under
paragraph (a) within 14 days after the day the Minister receives it—give a
copy of the business plan to members of the Legislative Assembly within the 14
days.
43 Compliance
with business plans
(1) This section applies to a financial year if the authority has
previously given to the Minister a business plan containing estimates for the
financial year.
(2) As soon as practicable after 31 December and 30 June in a financial
year to which this section applies, the authority must give to the Minister a
written assessment of its performance, for the 6-month period ending on those
dates, in relation to the estimates contained in the latest business plan given
to the Minister for that period.
(3) A report under subsection (2) must be prepared in a form that
facilitates a comparison between the business plan estimates applicable to the
period and the outcomes of operations of the authority during the
period.
(1) If there are profits available for doing so, the Treasurer, after
consultation with the board, may direct the authority to declare a dividend for
a financial year of the amount directed by the Treasurer.
(2) The authority must pay to the Territory, within 1 month after
receiving a direction under subsection (1), a dividend in accordance with the
direction.
(3) For this section, available profits are—
(a) the profits for the financial year to which the Treasurer’s
direction relates; and
(b) any profits for any previous financial year that have not previously
been taken into account in deciding whether a dividend should be
declared.
(4) In this section:
profit includes the net proceeds of the sale of
assets.
(1) The authority must give to the Treasurer the reports that the
Treasurer requires, in addition to any other reports that the authority is
required by a Territory law to make.
(2) A report under this section must be prepared in the form, and be based
on accounting or other policies or practices, required by the
Treasurer.
(3) The Treasurer must—
(a) present a copy of a report under this section to the Legislative
Assembly within 6 sitting days after the day the Treasurer receives it;
and
(b) if the copy would not be presented to the Legislative Assembly under
paragraph (a) within 14 days after the day the Treasurer receives it—give
a copy of the report to members of the Legislative Assembly within the 14
days.
46 Six-monthly
reports to Legislative Assembly committee
(1) Six months after the day section 10 (Establishment of Bushfire
Reconstruction Authority) commences, and every 6 months after that, the
authority must give the Minister a report on—
(a) the financial performance of the authority for the previous
6 months; and
(b) the authority’s progress on reconstruction in the fire-affected
areas during the previous 6 months, and in carrying out the other functions
exercised by the authority.
(2) The Minister must give a copy of the report to the relevant committee
of the Legislative Assembly within 14 days after the day the Minister receives
the report.
Division
6.1 Conduct of people associated with
authority
47 Meaning
of relevant person for div 6.1
In this division:
relevant person means—
(a) a director; or
(b) an employee of the authority; or
(c) a person performing services for the authority.
48 Improper
use of position
A relevant person commits an offence if the person intentionally makes
improper use of his or her position as a relevant person to gain, directly or
indirectly, an advantage for himself or herself or anyone else or to cause
detriment to the authority.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
49 Improper
use of information
A relevant person or former relevant person commits an offence if the
person intentionally makes improper use of information acquired because of his
or her position as a relevant person to gain, directly or indirectly, an
advantage for himself or herself or anyone else or to cause detriment to the
authority.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
50 Power
to bind authority
Anything done on behalf of the authority by the board or the chief
executive officer is taken to have been done by the authority.
A report or information prepared by the authority for the Annual Reports
(Government Agencies) Act 1995, section 8 must include, for the reporting
period—
(a) a copy of any direction given by the Minister under section 40 during
the period; and
(b) a statement by the authority about action taken during the period to
give effect to any direction given by the Minister under that
section, whether during that period or an earlier one.
52 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• body
• change
• corporation
• document
• entity
• exercise
• function
• liability
• person
• property
• Territory
• Territory law
• Territory plan.
authority means the Bushfire Reconstruction Authority
established by section 10.
board—see section 23.
building includes a structure.
bushfire emergency—see section 6.
development—see the Land (Planning and Environment)
Act 1991, section 222.
fire-affected area—see section 7.
recovery period—see section 8.
relevant committee means—
(a) a standing committee of the Legislative Assembly nominated by the
Speaker for this Act; or
(b) if no nomination under paragraph (a) is in force—the standing
committee of the Legislative Assembly responsible for public accounts.
relevant person, for division 6.1 (Conduct of people
associated with authority)—see section 47.
© Australian Capital Territory
2003
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