Statutory Appointments Act 1994 (ACT)
Statutory Appointments Act 1994 No 32 (repealed)
Republication No 3
Republication date: 28 May 2002
Amendments incorporated to 28 May 2002
As repealed by Act 2002 No 11
Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Statutory Appointments Act 1994 (repealed). It includes any commencement, amendment, repeal or expiry affecting the republished law to 28 May 2002 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Amendments incorporated to
28 May 2002
Statutory Appointments Act 1994 (repealed)
Contents
Page
Short title 2
Meaning of statutory office 2
3AApplication 2
Consultation regarding appointments 2
Disallowable instrument 3
Exemptions 3
Endnotes
About the endnotes 4
Abbreviation key 4
Legislation history 5
Amendment history 5
Earlier republications 6
Amendments incorporated to
28 May 2002
Statutory Appointments Act 1994 (repealed)
An Act to provide for consultation with Assembly committees in relation to statutory appointments
Short title
This Act may be cited as the Statutory Appointments Act 1994.
Meaning of statutory office
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
statutory office means an office or position (whether as a member of a Territory authority or otherwise) established by or under an Act.
3AApplication
This Act does not apply, and shall be taken never to have applied, to an appointment under the Justices of the Peace Act 1989, section 3 (1) which was made prior to the commencement of the Statutory Appointments (Amendment) Act 1997.
Consultation regarding appointments
Where, by or under any Act, a Minister has power to appoint a person to a statutory office, the Minister shall—
(a)before making such an appointment, consult with—
(i)a standing committee of the Legislative Assembly nominated by the Speaker of the Legislative Assembly for the purpose; or
(ii)if no committee has been so nominated—the Public Accounts committee of the Legislative Assembly; and
(b)not make such an appointment until—
(i)a recommendation made by that committee has been received; or
(ii)30 days have elapsed since the consultation took place;
whichever first occurs; and
(c)in making such an appointment, have regard to any such recommendation.
Subsection (1) applies in relation to the appointment of a person under the Auditor-General Act 1996 to be the auditor-general or to act as the auditor-general as if the power to make that appointment were vested in a Minister, and in that application the reference in that subsection to the Minister shall be read as a reference to the Executive.
Disallowable instrument
An instrument by which an appointment referred to in section 4 is made is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Exemptions
Sections 4 and 5 do not apply in relation to—
(a)an appointment of a public servant to a statutory office (whether or not the Act by or under which the appointment is made requires that the appointee be a public servant); or
(b)an appointment of a person to act in a statutory office for a period not exceeding 6 months, not being an appointment of the person to act in the office for a second or subsequent consecutive period; or
(c)an appointment of a person to a statutory office the only function of which is to advise the appointing Minister.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter p = page cl = clause par = paragraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly prov = provision div = division pt = part exp = expires/expired r = rule/subrule Gaz = Gazette reg = regulation/subregulation hdg = heading renum = renumbered ins = inserted/added reloc = relocated LA = Legislation Act 2001 R[X] = Republication No LR = legislation register s = section/subsection LRA = Legislation (Republication) Act 1996 sch = schedule mod = modified / modification sdiv = subdivision No = number sub = substituted num = numbered SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
Statutory Appointments Act 1994 No 32
notified 28 June 1994 (Gaz 1994 No S114)
commenced 28 June 1994 (s 2)as amended by
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch pt 32
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)Statutory Appointments (Amendment) Act 1996 No 52
notified 8 October 1996 (Gaz 1996 No S247)
commenced 8 October 1996 (s 2)Statutory Appointments (Amendment) Act 1997 No 72
notified 25 November 1997 (Gaz 1997 No S360)
commenced 25 November 1997 (s 2)Legislation (Consequential Amendments) Act 2001 No 44 pt 370
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 370 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)as repealed by
Legislation Amendment Act 2002 No 11 s 31
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
s 31 commenced 28 May 2002 (s 2 (1))Amendment history
Commencement
s 2om 2001 No 44 amdt 1.3920
Application
s 3Ains 1997 No 72 s 4
Consultation regarding appointments
s 4am 1996 No 26 sch pt 32; 1996 No 52 s 4; R2 LA
Disallowable instrument
s 5am 2001 No 44 amdt 1.3921, amdt 1.3922
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1997 No 72 31 December 1997 2 Act 2001 No 44 12 December 2001
Unauthorised version prepared by ACT Parliamentary Counsel's Office
© Australian Capital Territory 2002
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