Auditor-General Amendment Act 2014 (ACT)

Auditor-General Amendment Act 2014

A2014-31

An Act to amend the Auditor-General Act 1996

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Auditor-General Amendment Act 2014.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Auditor-General Act 1996.

4. Section 18

   substitute

5. Comments on proposed reports

   (1)This section applies if the auditor-general is preparing a report for the Legislative Assembly under section 17.

   (2)The auditor-general must give a draft of the report (the proposed report), or, if the auditor-general considers that only part of the proposed report relates to a person, a part of the proposed report, to the following people:

   (a)if the proposed report is about an audit under section 12 (Performance audits—Territory)—the responsible director‑general for the directorate, territory authority, public sector company, joint venture or trust;

   (b)if the proposed report is about an audit under section 13C (Minister or public accounts committee may request audit of non-public sector entity) or section 13D (Non-public sector entity audits—initiated by auditor‑general)—

   (i)if the non-public sector entity is—

   (A)an individual—the individual; or

   (B)not an individual—the chief executive officer (however described) of the non-public sector entity; and

   (ii)the responsible director-general for the public sector entity that gave the property to the non-public sector entity;

   (c)if the proposed report is about a multi-entity audit—the head of service.

   (3)The auditor-general may also give all or part of the proposed report to anyone else the auditor-general considers has a direct interest in the proposed report.

   (4)However, if the auditor-general must give all or part of the proposed report to a non-public sector entity under subsection (2) (b) (i), the auditor-general must not give the report, or the part of the report, to anyone else under subsection (2) or (3) until after—

   (a)the time for comments under the non-public sector entity’s proposed report notice has ended; and

   (b)the auditor-general has considered any comments received from the non-public sector entity.

   (5)If the auditor-general gives a person all or part of a proposed report under subsection (2) or (3), the auditor-general must also give the person written notice (a proposed report notice) stating that the person may give written comments about the proposed report to the auditor‑general before the end of—

   (a)14 days after the day the notice is given to the person; or

   (b)a longer period stated in the notice.

   NoteComments received under this section must be taken into consideration and included in the final report (see s (7) and s 17 (2)).

   (6)However, the auditor-general need not give a proposed report notice in relation to more than 1 proposed report, or part of a proposed report, given to a person.

   (7)If the auditor-general receives comments under this section, the auditor-general must consider the comments in preparing the final report.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 5 June 2014.

2. Notification

   Notified under the Legislation Act on 20 August 2014.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Auditor-General Amendment Bill 2014, which was passed by the Legislative Assembly on 7 August 2014.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2014