Legislative Assembly Legislation Amendment Act 2017 (ACT)

Case

Legislative Assembly Legislation Amendment Act 2017

A2017-41

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Auditor-General Act 1996

4            Officer of the Legislative AssemblySection 6A (2)  3

5            Section 6A (2), new note  3

6            Section 6A (4)  3

7           AppointmentSection 8 (2) (a)  3

8            Section 8 (3)  4

9            New section 8AA  4

10          New section 37B  4

Part 3Electoral Act 1992

11          Officer of the Legislative AssemblySection 6A (2)  5

12          Section 6A (2), new note  5

13          Section 6A (4)  5

14          AppointmentSection 12 (2) (a)  5

15          Section 12 (3)  6

16          New section 339  6

Part 4Financial Management Act 1996

17          Application of pts 2 to 5—Office of the Legislative Assembly and officers of the AssemblyNew section 4 (4)  7

Part 5Legislative Assembly (Office of the Legislative Assembly) Act 2012

18          Appointment of Clerk of the Legislative AssemblySection 9 (2) (a)  8

19          Section 9 (3)  8

20          New section 19A  8

Part 6Legislative Assembly Precincts Act 2001

21          Assembly precinctsSection 5 (2) (c)  9

22          Section 5 (3), definition of members’ entrance canopy  9

23          LicencesNew section 7A (3A)  9

24          Removal of peopleSection 9 (5)  9

Part 7Ombudsman Act 1989

25          Officer of the Legislative AssemblySection 4A (2)  11

26          Section 4A (2), new note  11

27          Section 4A (4)  11

28          AppointmentSection 22 (4) (a)  11

29          Section 22 (5)  12

30          New section 37A  12

Legislative Assembly Legislation Amendment Act 2017

A2017-41

An Act to amend legislation in relation to the Legislative Assembly and officers of the Legislative Assembly

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

Part 1Preliminary

  1. Name of Act

    This Act is the Legislative Assembly Legislation Amendment Act 2017.

  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 following legislation:

    ·     Auditor-General Act 1996

    ·     Electoral Act 1992

    ·     Financial Management Act 1996

    ·     Legislative Assembly (Office of the Legislative Assembly) Act 2012

    ·     Legislative Assembly Precincts Act 2001

    ·     Ombudsman Act 1989.

Part 2Auditor-General Act 1996

  1. Officer of the Legislative Assembly
    Section 6A (2)

    omit

    other territory laws

    substitute

    any other law in force in the ACT

  2. Section 6A (2), new note

    insert

    NoteA law in force in the ACT includes a territory law and a Commonwealth law.

  3. Section 6A (4)

    omit

    other territory laws

    substitute

    any other law in force in the ACT

  4. Appointment
    Section 8 (2) (a)

    omit

  5. Section 8 (3)

    substitute

    (3)The Speaker must not appoint a person as auditor-general unless—

    (a)the Speaker is satisfied that the person has extensive knowledge of, and experience in—

    (i)governance and risk management; or

    (ii)public administration; and

    (b)the public accounts committee agrees to the person’s appointment.

  6. New section 8AA

    before section 8A, insert

8AATerm of appointment

(1)The auditor-general is to be appointed for 7 years.

(2)A person who has been appointed auditor-general is not eligible for reappointment.

  1. New section 37B

    insert

37BAssistance for Speaker

In exercising a function under this Act, the Speaker may seek administrative support or advice from—

(a)the Office of the Legislative Assembly; or

(b)another entity that is able to provide impartial administrative support or advice.

Part 3Electoral Act 1992

  1. Officer of the Legislative Assembly
    Section 6A (2)

    omit

    other territory laws

    substitute

    any other law in force in the ACT

  2. Section 6A (2), new note

    insert

    NoteA law in force in the ACT includes a territory law and a Commonwealth law.

  3. Section 6A (4)

    omit

    other territory laws

    substitute

    any other law in force in the ACT

  4. Appointment
    Section 12 (2) (a)

    omit

  5. Section 12 (3)

    substitute

    (3)The Speaker must not appoint a person as a member of the electoral commission unless—

    (a)the Speaker is satisfied that the person has extensive knowledge of, and experience in—

    (i)for the commissioner—

    (A)electoral systems or management; or

    (B)public administration; or

    (ii)for a member other than the commissioner—

    (A)an area mentioned in subparagraph (i); or

    (B)another area that is relevant to and consistent with the functions of a member of the electoral commission; and

    (b)the relevant Assembly committee agrees to the person’s appointment.

  6. New section 339

    insert

  7. Assistance for Speaker

    In exercising a function under this Act, the Speaker may seek administrative support or advice from—

    (a)the Office of the Legislative Assembly; or

    (b)another entity that is able to provide impartial administrative support or advice.

Part 4Financial Management Act 1996

  1. Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly
    New section 4 (4)

    insert

    (4)Section 31 (2) (c) does not apply to—

    (a)the Office of the Legislative Assembly; and

    (b)an officer of the Assembly.

Part 5Legislative Assembly (Office of the Legislative Assembly) Act 2012

  1. Appointment of Clerk of the Legislative Assembly
    Section 9 (2) (a)

    omit

  2. Section 9 (3)

    substitute

    (3)The Speaker must not appoint a person as clerk unless—

    (a)the Speaker is satisfied that the person has extensive knowledge of, and experience in, relevant parliamentary law, practice and procedure; and

    (b)the administration and procedure committee agrees to the person’s appointment.

  3. New section 19A

    in part 4, insert

19AAssistance for Speaker

In exercising a power under this Act, the Speaker may seek administrative support or advice from an entity that is able to provide impartial administrative support or advice.

Part 6Legislative Assembly Precincts Act 2001

  1. Assembly precincts
    Section 5 (2) (c)

    omit

  2. Section 5 (3), definition of members’ entrance canopy

    omit

  3. Licences
    New section 7A (3A)

    insert

    (3A)The Speaker may delegate the Speaker’s functions under this section to—

    (a)the clerk of the Legislative Assembly; or

    (b)a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification.

  4. Removal of people
    Section 9 (5)

    substitute

    (5)The Speaker may delegate the Speaker’s functions under this section to—

    (a)the clerk of the Legislative Assembly; or

    (b)a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification; or

    (c)a member of staff of the Office of the Legislative Assembly who is responsible for the security of the Legislative Assembly.

    NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 7Ombudsman Act 1989

  1. Officer of the Legislative Assembly
    Section 4A (2)

    omit

    other territory laws

    substitute

    any other law in force in the ACT

  2. Section 4A (2), new note

    insert

    NoteA law in force in the ACT includes a territory law and a Commonwealth law.

  3. Section 4A (4)

    omit

    other territory laws

    substitute

    any other law in force in the ACT

  4. Appointment
    Section 22 (4) (a)

    omit

  5. Section 22 (5)

    substitute

    (5)The Speaker must not appoint a person as the ombudsman unless—

    (a)the Speaker is satisfied that the person has extensive knowledge of, and experience in—

    (i)public administration; or

    (ii)dispute resolution; or

    (iii)complaint handling; and

    (b)the relevant Assembly committee agrees to the person’s appointment.

  6. New section 37A

    insert

37AAssistance for Speaker

In exercising a power under this Act, the Speaker may seek administrative support or advice from—

(a)the Office of the Legislative Assembly; or

(b)an entity that is able to provide objective administrative support or advice.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 14 September 2017.

  2. Notification

    Notified under the Legislation Act on 13 November 2017.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Legislative Assembly Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 2 November 2017.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2017

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