Annual Reports (Government Agencies) Amendment Act 2015 (ACT)
Annual Reports (Government Agencies) Amendment Act 2015
A2015-16
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Sections 5 to 9 2
5 Responsible Minister to present annual reportSection 13 (1) and (2) 5
6 Section 13 (4) 6
7 Section 13 (4) (a) and (c) (i) 6
8 Section 13 (6), new definition of pre-election period 6
9 Extension of time for presenting annual reportsSection 14 (2) 6
10 Section 14 (6) 7
11 Section 14 (7) 7
12 Section 14 (8) 7
13 Presentation of annual reports of Office of the Legislative Assembly and officers of the AssemblySection 15 (2) 7
14 Section 15 (3) 8
15 Section 15 (3) (a) and (c) (i) 8
16 New section 15 (6) 8
17 Declaration of public authoritySection 16 (1) and (2) 9
18 Combined reportsSection 17 (1) (a) 9
19 Dictionary, note 2 9
20 Dictionary, definition of financial year 9
21 Dictionary, definition of public authority,new paragraph (aa) 10
22 Dictionary, definition of public authority, paragraph (c) 10
23 Dictionary, new definition of reporting year 10
24 Dictionary, definition of Territory instrumentality 10
Schedule 1 Consequential amendments 11
Part 1.1 ACT Civil and Administrative Tribunal Act 2008 11
Part 1.2 ACT Teacher Quality Institute Act 2010 11
Part 1.3 Board of Senior Secondary Studies Act 1997 11
Part 1.4 Climate Change and Greenhouse Gas Reduction Act 2010 11
Part 1.5 Cultural Facilities Corporation Act 1997 12
Part 1.6 Dangerous Substances Act 2004 12
Part 1.7 Director of Public Prosecutions Act 1990 12
Part 1.8 Education Act 2004 12
Part 1.9 Emergencies Act 2004 13
Part 1.10 Environment Protection Act 1997 13
Part 1.11 Freedom of Information Act 1989 13
Part 1.12 Gambling and Racing Control Act 1999 13
Part 1.13 Gaming Machine Act 2004 14
Part 1.14 Government Procurement Act 2001 14
Part 1.15 Law Officers Act 2011 14
Part 1.16 Medicines, Poisons and Therapeutic Goods Act 2008 14
Part 1.17 Mental Health (Treatment and Care) Act 1994 15
Part 1.18 Nature Conservation Act 1980 15
Part 1.19 Planning and Development Act 2007 15
Part 1.20 Public Interest Disclosure Act 2012 15
Part 1.21 Road Transport (Third-Party Insurance) Act 2008 15
Part 1.22 Tobacco Act 1927 16
Part 1.23 Victims of Crime (Financial Assistance) Act 1983 16
Part 1.24 Waste Minimisation Act 2001 16
Annual Reports (Government Agencies) Amendment Act 2015
A2015-16
An Act to amend the Annual Reports (Government Agencies) Act 2004, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Annual Reports (Government Agencies) Amendment Act 2015.
Commencement
This Act commences on the 7th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Annual Reports (Government Agencies) Act 2004.
NoteThis Act also amends other legislation (see sch 1).
Sections 5 to 9
substitute
Annual report of director‑general
(1)The director‑general of an administrative unit must, for a reporting year, prepare a report about the operation of the administrative unit in the reporting year (a director‑general annual report).
(2)The report must include a statement describing the measures taken by the administrative unit during the reporting year to respect, protect and promote human rights.
Annual report of public authority
(1)A public authority must, for a reporting year, prepare a report about the operation of the authority in the reporting year (a public authority annual report).
(2)The report of the following public authorities must include an account of the management of the entity’s office during the reporting year:
(a)the Office of the Legislative Assembly;
(b)an officer of the Assembly.
NoteThe 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 Auditor-General Act 1996, s 7A).
Annual report of commissioner for public administration
(1)The commissioner for public administration must, for a reporting year, prepare a report about the operation of the public service in the reporting year (a state of the service report).
(2)The report must include an account of the management of the public service as a whole in the reporting year.
Annual report direction
(1)The Minister must make a direction about annual reports (an annual report direction).
NotePower to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).
(2)An annual report, other than an annual report of the following entities, must comply with the annual report direction:
(a)the Office of the Legislative Assembly;
(b)an officer of the Assembly.
(3)The annual report direction may require the following:
(a)an annual report to include stated information;
(b)an annual report to be in a stated form or published in a stated place;
(c)all or part of an annual report to be included in another annual report (as an attachment or otherwise);
(d)an annual report or part of an annual report to be prepared for a stated period;
(e)a director‑general annual report to include stated matters if a public authority does not comply with section 6 (Annual report of public authority) or the annual report direction;
(f)an annual report to be given by a stated person or stated public authority to the responsible Minister by a stated day;
(g)for a public authority annual report—the report to include a statement describing the measures taken by the public authority during the reporting year to respect, protect and promote human rights.
(4)An annual report direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)The Minister must present a copy of an annual report direction to the Legislative Assembly within 6 sitting days after the day it is notified under the Legislation Act.
Consultation about annual report direction
(1)Before making an annual report direction under section 8, the Minister must—
(a)give the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts (the committee) a copy of the proposed annual report direction; and
(b)ask the committee, in writing, for any recommendation about the proposed annual report direction; and
(c)consider any recommendation made, in writing, by the committee.
(2)The Minister must not make the annual report direction until the earlier of—
(a)the committee giving the Minister any recommendation; or
(b)30 days after asking the committee for a recommendation.
Responsible Minister to present annual report
Section 13 (1) and (2)substitute
(1)The responsible Minister for an annual report must present the report to the Legislative Assembly—
(a)within 15 weeks after the end of the reporting year (the 15‑week period), and on the day (if any) declared under subsection (2); or
(b)if the 15-week period coincides with all or part of the pre‑election period for a general election of members of the Assembly—on the 2nd sitting day after the election is held.
(2)The Chief Minister may declare that an annual report to which subsection (1) (a) applies must be presented to the Legislative Assembly on a stated day that is within the 15-week period.
Section 13 (4)
omit
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,
substitute
If an annual report to which subsection (1) (a) applies has not been presented to the Legislative Assembly before the last 7 days of the 15-week period,
Section 13 (4) (a) and (c) (i)
omit
3-month period
substitute
15-week period
Section 13 (6), new definition of pre-election period
insert
pre-election period—see the Electoral Act 1992, dictionary.
Extension of time for presenting annual reports
Section 14 (2)substitute
(2)An application for an extension must be made before the end of the period in which, or day when, the report is required under section 13 to be presented to the Legislative Assembly or given to the Speaker.
Section 14 (6)
omit
3-month period
substitute
15-week period
Section 14 (7)
substitute
(7)The statement mentioned in subsection (3) must be presented to the Legislative Assembly before the end of the period in which, or day when, the report is required under section 13 to be presented to the Legislative Assembly or given to the Speaker.
Section 14 (8)
omit
Presentation of annual reports of Office of the Legislative Assembly and officers of the Assembly
Section 15 (2)substitute
(2)The Speaker must present the report to the Legislative Assembly—
(a)within 15 weeks after the end of the reporting year; or
(b)if the 15-week period coincides with all or part of the pre‑election period for a general election of members of the Assembly—on the 2nd sitting day after the election is held.
Section 15 (3)
omit
However, if the report has not been presented to the Legislative Assembly before the last 7 days of the 3-month period for the report,
substitute
If an annual report to which subsection (1) (a) applies has not been presented to the Legislative Assembly before the last 7 days of the 15-week period,
Section 15 (3) (a) and (c) (i)
omit
3-month period
substitute
15-week period
New section 15 (6)
insert
(6)In this section:
pre-election period—see the Electoral Act 1992, dictionary.
Declaration of public authority
Section 16 (1) and (2)substitute
(1)The Minister may declare that a statutory office-holder is a public authority for this Act.
(2)The Minister may declare that a body established under an Act is a public authority for this Act.
NoteBody includes any group of people joined together for a common purpose, whether or not incorporated (see Legislation Act, dict, pt 1).
Combined reports
Section 17 (1) (a)omit
financial year
substitute
reporting year
Dictionary, note 2
insert
· body
· financial year
· territory instrumentality
Dictionary, definition of financial year
omit
Dictionary, definition of public authority,
new paragraph (aa)insert
(aa)a territory-owned corporation; or
Dictionary, definition of public authority, paragraph (c)
omit
an entity
substitute
a body
Dictionary, new definition of reporting year
insert
reporting year—
(a)means—
(i)a financial year; or
(ii)if a period is stated in an annual report direction under section 8 (3) (d) (Annual report direction)—the stated period; but
(b)if an administrative unit or public authority did not operate for all of the period mentioned in paragraph (a)—does not include the period during which the administrative unit or public authority did not operate.
Dictionary, definition of Territory instrumentality
omit
Schedule 1Consequential amendments
(see s 3)
Part 1.1ACT Civil and Administrative Tribunal Act 2008
[1.1]Section 22P (4) and (6)
omit
Part 1.2ACT Teacher Quality Institute Act 2010
[1.2]Section 26
omit
Part 1.3Board of Senior Secondary Studies Act 1997
[1.3]Section 7 (4) and note
omit
Part 1.4Climate Change and Greenhouse Gas Reduction Act 2010
[1.4]Section 25
omit
Part 1.5Cultural Facilities Corporation Act 1997
[1.5]Section 16
omit
Part 1.6Dangerous Substances Act 2004
[1.6]Section 200 (3)
omit
[1.7]Section 200 (4), definition of annual report
omit
Part 1.7Director of Public Prosecutions Act 1990
[1.8]Section 12 (4) (b) and note
omit
Part 1.8Education Act 2004
[1.9]Section 22 (3)
omit
[1.10]Section 39 (3)
omit
Part 1.9Emergencies Act 2004
[1.11]Section 70, definition of annual report
omit
[1.12]Section 85
omit
[1.13]Dictionary, definition of annual report
omit
Part 1.10Environment Protection Act 1997
[1.14]Section 158A
omit
Part 1.11Freedom of Information Act 1989
[1.15]Section 7 (2)
omit
Part 1.12Gambling and Racing Control Act 1999
[1.16]Sections 6 (5), 8 (2) and 31 (3)
omit
Part 1.13Gaming Machine Act 2004
[1.17]Section 163C
omit
Part 1.14Government Procurement Act 2001
[1.18]Section 48
omit
Part 1.15Law Officers Act 2011
[1.19]Section 15 (3)
omit
Part 1.16Medicines, Poisons and Therapeutic Goods Act 2008
[1.20]Section 177 (3)
omit
[1.21]Section 177 (4), definition of annual report
omit
Part 1.17Mental Health (Treatment and Care) Act 1994
[1.22]Sections 120 and 120E
omit
Part 1.18Nature Conservation Act 1980
[1.23]Section 15 (3) and note
omit
Part 1.19Planning and Development Act 2007
[1.24]Sections 19 and 40
omit
Part 1.20Public Interest Disclosure Act 2012
[1.25]Section 45
omit
Part 1.21Road Transport (Third-Party Insurance) Act 2008
[1.26]Section 46A
omit
Part 1.22Tobacco Act 1927
[1.27]Section 42H
omit
Part 1.23Victims of Crime (Financial Assistance) Act 1983
[1.28]Section 71
omit
Part 1.24Waste Minimisation Act 2001
[1.29]Section 19
omit
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 27 November 2014.
Notification
Notified under the Legislation Act on 27 May 2015.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Annual Reports (Government Agencies) Amendment Bill 2015, which originated in the Legislative Assembly as the Annual Reports (Government Agencies) Amendment Bill 2014 and was passed by the Assembly on 14 May 2015.
Clerk of the Legislative Assembly
© Australian Capital Territory 2015
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