Financial Management (Board Composition) Amendment Act 2009 (ACT)

Financial Management (Board Composition) Amendment Act 2009

A2009-48

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Appointment of governing board members generally

   
   

   New section 78 (4A) and (4B)  2

5. Section 78 (6), new note  3

6. Appointment of chair and deputy chair

   
   

   New section 79 (2A)  3

7. Repeal of Exhibition Park Corporation (Governing Board) Appointment 2009 (No 3)     3

Financial Management (Board Composition) Amendment Act 2009

A2009-48

An Act to amend the Financial Management Act 1996 and for other purposes

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

1. Name of Act

   This Act is the Financial Management (Board Composition) Amendment Act 2009.

2. Commencement

   This Act commences on 1 January 2010.

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

3. Legislation amended

   This Act amends the Financial Management Act 1996.

4. Appointment of governing board members generally
   New section 78 (4A) and (4B)

   insert

   (4A)Also, unless the establishing Act otherwise provides, a person must not be appointed as a member if—

   (a)the person is a public servant; and

   (b)if the governing board has a maximum of 6 members or less—the appointment would result in more than 1 public servant being a member of the board; and

   (c)if the governing board has a maximum of more than 6 members—the appointment would result in more than 2 public servants being members of the board.

   (4B)Subsection (4A) does not apply if—

   (a)the Minister is satisfied that there are special circumstances justifying the appointment; and

   (b)the Legislative Assembly approves, by resolution, the appointment.

5. Section 78 (6), new note

   insert

   NoteThe terms public servant and statutory office holder are defined in the Legislation Act, dict, pt 1.

6. Appointment of chair and deputy chair
   New section 79 (2A)

   insert

   (2A)Also, the responsible Minister must not appoint a public servant as chair or deputy chair unless—

   (a)    there is no member of the board who—

   (i)is not a public servant; and

   (ii)is available to be appointed; and

   (b)the Legislative Assembly approves, by resolution, the appointment.

7. Repeal of Exhibition Park Corporation (Governing Board) Appointment 2009 (No 3)

   The appointments made under the Exhibition Park Corporation (Governing Board) Appointment 2009 (No 3) (NI2009-519) are revoked and the instrument is repealed.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 19 August 2009.

2. Notification

   Notified under the Legislation Act on 25 November 2009.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Financial Management (Board Composition) Amendment Bill 2009, which was passed by the Legislative Assembly on 18 November 2009.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2009