ANNUAL REPORTS (GOVERNMENT AGENCIES) AMENDMENT BILL 2014

Australian Capital Territory Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

ANNUAL REPORTS (GOVERNMENT AGENCIES) AMENDMENT BILL 2014

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Chief Minister)

Annual Reports (Government Agencies) Amendment Bill 2014

Contents

Page

Part 1.1ACT Civil and Administrative Tribunal Act 20089

Part 1.2ACT Teacher Quality Institute Act 20109

Part 1.3Board of Senior Secondary Studies Act 19979

Part 1.4Climate Change and Greenhouse Gas Reduction Act 20109

Part 1.5Cultural Facilities Corporation Act 199710

Part 1.6Dangerous Substances Act 200410

Part 1.7Director of Public Prosecutions Act 199010

Part 1.8Education Act 200410

Part 1.9Emergencies Act 200411

Part 1.10Environment Protection Act 199711

Part 1.11Freedom of Information Act 198911

Part 1.12Gambling and Racing Control Act 199911

Part 1.13Gaming Machine Act 200412

Part 1.14Government Procurement Act 200112

Part 1.15Law Officers Act 201112

Part 1.16Medicines, Poisons and Therapeutic Goods Act 200812

Part 1.17Mental Health (Treatment and Care) Act 199413

Part 1.18Nature Conservation Act 198013

Part 1.19Planning and Development Act 200713

Part 1.20Road Transport (Third-Party Insurance) Act 200813

Part 1.21Tobacco Act 192713

Part 1.22Victims of Crime (Financial Assistance) Act 198314

Part 1.23Waste Minimisation Act 200114

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Chief Minister)

Annual Reports (Government Agencies) Amendment Bill 2014

A Bill for

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:

1 Name of Act

This Act is the Annual Reports (Government Agencies) Amendment Act 2014

2 Commencement

This Act commences on the 7th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Annual Reports (Government Agencies) Act 2004

Note This Act also amends other legislation (see sch 1).

4 Sections 5 to 9

substitute

5 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.

6 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.

Note The 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).

7 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.

8 Annual report direction

(1) The Minister must make a direction about annual reports (an annual report direction).

Note Power 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;

(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.

Note A 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

9 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

(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.

5 Responsible Minister to present annual report

Section 13 (1) (a)

substitute

(a) within 4 months after the end of the reporting year (the 4-month period); and

6 Sections 13 and 14

omit

3-month

substitute

4-month

7 Section 14 (8)

omit

3-month period

substitute

4-month period

8 Presentation of annual report of Office of the Legislative Assembly and officers of the Assembly

Section 15 (2)

omit

3 months after the end of the financial year (the 3-month period)

substitute

4 months after the end of the reporting year (the 4-month period)

9 Section 15 (3)

omit

3-month

substitute

4-month

10 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.

Note Body includes any group of people joined together for a common purpose, whether or not incorporated (see Legislation Act

, dict, pt 1).

11 Combined reports

Section 17 (1) (a)

omit

financial year

substitute

reporting year

12 Dictionary, note 2

insert

• body

• financial year

• territory instrumentality

13 Dictionary, definition of financial year

omit

14 Dictionary, definition of public authority,

new paragraph (aa)

insert

(aa) a territory-owned corporation; or

15 Dictionary, definition of public authority, paragraph (c)

omit

an entity

substitute

a body

16 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.

17 Dictionary, definition of Territory instrumentality

omit

Schedule 1 Consequential amendments

(see s 3)

Part 1.1 ACT Civil and Administrative Tribunal Act 2008

[1.1] Section 22P (4) and (6)

omit

Part 1.2 ACT Teacher Quality Institute Act 2010

[1.2] Section 26

omit

Part 1.3 Board of Senior Secondary Studies Act 1997

[1.3] Section 7 (4) and note

omit

Part 1.4 Climate Change and Greenhouse Gas Reduction Act 2010

[1.4] Section 25

omit

Part 1.5 Cultural Facilities Corporation Act 1997

[1.5] Section 16

omit

Part 1.6 Dangerous Substances Act 2004

[1.6] Section 200 (3)

omit

[1.7] Section 200 (4), definition of annual report

omit

Part 1.7 Director of Public Prosecutions Act 1990

[1.8] Section 12 (4) (b) and note

omit

Part 1.8 Education Act 2004

[1.9] Section 22 (3)

omit

[1.10] Section 39 (3)

omit

Part 1.9 Emergencies 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 1.10 Environment Protection Act 1997

[1.14] Section 158A

omit

Part 1.11 Freedom of Information Act 1989

[1.15] Section 7 (2)

omit

Part 1.12 Gambling and Racing Control Act 1999

[1.16] Sections 6 (5), 8 (2), 31 (3) and 46 (2)

omit

Part 1.13 Gaming Machine Act 2004

[1.17] Section 163C

omit

Part 1.14 Government Procurement Act 2001

[1.18] Section 48

omit

Part 1.15 Law Officers Act 2011

[1.19] Section 15 (3)

omit

Part 1.16 Medicines, Poisons and Therapeutic Goods Act 2008

[1.20] Section 177 (3)

omit

[1.21] Section 177 (4), definition of annual report

omit

Part 1.17 Mental Health (Treatment and Care) Act 1994

[1.22] Sections 120 and 120E

omit

Part 1.18 Nature Conservation Act 1980

[1.23] Section 15 (3) and note

omit

Part 1.19 Planning and Development Act 2007

[1.24] Sections 19 and 40

omit

Part 1.20 Road Transport (Third-Party Insurance) Act 2008

[1.25] Section 46A

omit

Part 1.21 Tobacco Act 1927

[1.26] Section 42H

omit

Part 1.22 Victims of Crime (Financial Assistance) Act 1983

[1.27] Section 71

omit

Part 1.23 Waste Minimisation Act 2001

[1.28] Section 19

omit

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 27 November 2014.

2 Notification

Notified under the Legislation Act

on 2014.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

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