2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

Part 1.1 ACTION Authority Act 2001 66

Part 1.2 Australian Capital Tourism Corporation Act 1997 73

Part 1.3 Building and Construction Industry Training Levy Act 1999 78

Part 1.4 Canberra Institute of Technology Act 1987 82

Part 1.5 Canberra Institute of Technology Regulation 1994 100

Part 1.6 Cemeteries and Crematoria Act 2003 101

Part 1.7 Cultural Facilities Corporation Act 1997 105

Part 1.8 Gambling and Racing Control Act 1999 109

Part 1.9 Health Promotion Act 1995 116

Part 1.10 Independent Competition and Regulatory Commission Act 1997 125

Part 1.11 Insurance Authority Act 2005 129

Part 1.12 Legal Aid Act 1977 130

Part 1.13 Long Service Leave (Building and Construction Industry) Act 1981 130

Part 1.14 Long Service Leave (Contract Cleaning Industry) Act 1999 153

Part 1.15 National Exhibition Centre Trust Act 1976 167

Part 1.16 Planning and Land Act 2002 175

Part 1.17 Planning and Land Regulation 2003 181

Part 1.18 Public Trustee Act 1985 181

Part 1.19 Remuneration Tribunal Act 1995 193

Part 1.20 Stadiums Authority Act 2000 193

Part 1.21 Taxation Administration Act 1999 200

Part 1.22 University of Canberra Act 1989 200

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act to amend the Financial Management Act 1996, to also amend other legislation about statutory authorities and their governance procedures, and for other purposes

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

This Act is the Financial Management Legislation Amendment Act 2005.

(1) The following provisions commence on the day after this Act’s notification day:

• section 7

• section 9

• section 10

• section 14

• section 15

• section 17

• section 18

• sections 19 to 21

• section 22

• sections 23 to 26

• section 27

• sections 28 and 29

• section 30

• section 31

• section 37, so far as it inserts the following new sections:

• section 63 (Annual financial statements of territory authorities)

• section 64 (Responsibility for annual financial statements of territory authorities)

• section 65 (Audit of annual financial statements of territory authorities)

• section 66 (Presentation of annual financial statements of territory authorities)

• section 67 (Treasurer may require interim financial statements etc for territory authorities)

• section 68 (Statements of performance of territory authorities)

• section 69 (Responsibility for territory authority statements of performance)

• section 70 (Scrutiny of territory authority statements of performance)

• section 71 (Presentation of territory authority statements of performance)

• section 37, so far as it omits the following sections:

• section 59 (Annual financial statements)

• section 60 (Responsibility for annual financial statements)

• section 61 (Audit of annual financial statements)

• section 62 (Presentation of annual financial statements)

• section 63 (Interim financial statements)

• sections 38 and 39

• section 41, so far as it inserts the following sections:

• part 11 heading (Transitional)

• section 109 (Financial Management Legislation Amendment Act 2005—provisions with 1 July 2005 application)

• section 111 (Transitional regulations)

• section 48.

Note The naming and commencement provisions automatically commence on the notification day.

(2) The remaining provisions commence on 1 January 2006.

This Act amends the Financial Management Act 1996.

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

(1) The Treasurer may declare that a stated body (other than a body mentioned in section 54 (1)) is not a territory authority for this Act or a stated provision of this Act.

(2) The Treasurer may declare that a stated body mentioned in section 54 (1) is not a territory authority for a stated provision of this Act (other than section 73 (1)).

Note Section 73 gives territory authorities to which pt 9 (Governance of territory authorities) applies corporate status.

(3) A declaration is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) An Appropriation Act may make separate appropriations in relation to each department for—

(a) the provision of outputs by the department; and

(b) any capital injection to be provided to the department; and

(c) any payments to be made by the department on behalf of the Territory.

(2) An Appropriation Act may make separate appropriations in relation to a territory authority or territory-owned corporation for—

(a) the provision of outputs by the authority or corporation; and

(b) any capital injection to be provided to the authority or corporation.

(c) the proposed budget for each territory authority and territory-owned corporation for the year; and

(1) A proposed budget for a department for a financial year presented to the Legislative Assembly under section 10 (b) must include—

(a) the financial statements required under the financial management guidelines; and

(b) a statement that sets out the outputs and classes of outputs it is proposed the department should provide during the year and the performance criteria to be met by the department in providing the outputs; and

(c) if, during the year, the department is to be given a capital injection that must be repaid—a statement that—

(i) states that the capital injection is a capital injection; and

(ii) sets out the conditions under which the injection is to be given, including the requirements about the time within which it must be repaid.

(2) Subsection (1) (b) does not apply to the Legislative Assembly secretariat.

(3) A proposed budget must be in a form that facilitates a comparison between—

(a) the proposed budget for the department; and

(b) the budget for the department for the previous financial year; and

(c) the estimated results for the department for the previous financial year.

(4) A proposed budget must also include, for the financial statements mentioned in subsection (1) (a), budget estimates for each of the next 3 financial years.

(1) A proposed budget presented to the Legislative Assembly under section 10 (c) for a territory authority or territory-owned corporation for a financial year must include—

(a) the financial statements required under the financial management guidelines; and

(b) for a prescribed territory authority or prescribed territory-owned corporation—a statement that sets out the outputs and classes of outputs it is proposed that the authority or corporation should provide during the year and the performance criteria to be met by the authority in providing the outputs; and

(c) for a territory authority or territory-owned corporation that, during the year, is to be given a capital injection that must be repaid—a statement that—

(i) states that the capital injection is an injection that must be repaid; and

(ii) sets out the conditions under which the injection is to be given, including the requirements about the time within which it must be repaid.

(2) A proposed budget must be in a form that facilitates a comparison between—

(a) the proposed budget for the authority or corporation; and

(b) the budget for the authority or corporation for the previous financial year; and

(c) the estimated results for the authority or corporation for the previous financial year.

(3) A proposed budget must also include, for the financial statements mentioned in subsection (1) (a), budget estimates for each of the next 3 financial years.

(2) The supplementary budget papers must, for each department, territory authority and territory-owned corporation for which an appropriation is provided by the bill (an affected entity)—

(a) state, for each purpose mentioned in section 8 that applies to the affected entity—

(i) the amount of the appropriation provided in the first Appropriation Act; and

(ii) the variations (if any) previously made to the appropriation under this Act; and

(iii) the amount of the appropriation provided by the bill; and

(iv) the total amount appropriated for the entity for the financial year; and

(b) indicate the impact of the proposed variation.

(3) For subsection (2) (b), the supplementary budget papers need not include an original or final budgeted financial statement (a budgeted statement) for an affected entity.

(4) If the supplementary budget papers do not include a budgeted statement for an affected entity—

(a) the supplementary budget papers must state the reasons why the budgeted statement for the entity is not included; and

(b) the Treasurer must present the budgeted statement for the entity to the Legislative Assembly as soon as practicable after the passing of the bill.

(5) A budgeted statement for an affected entity—

(a) must include details of the impact on the budget of the entity of all variations to the appropriation that happened in the financial year before the passing of the bill; and

(b) may show the impact of variations other than variations resulting from additional appropriations.

the impact of revised economic forecasts

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) If an appropriation is made for a department, territory authority or territory-owned corporation by an Appropriation Act other than the first Appropriation Act for a financial year, the budget for the department, authority or corporation is amended in accordance with—

(a) the supplementary budget papers presented to the Legislative Assembly under section 13 (1) in relation to the bill for the Act by which the appropriation was made; and

(b) any statement presented to the Legislative Assembly under section 13 (4) (b) in relation to the bill.

(2) In this section:

budget, for the department, territory authority or territory-owned corporation, means the budget for the department, authority or corporation for the financial year presented to the Legislative Assembly under section 10 (b) or (c) (Budget papers) and, if the budget has been amended under this Act, the budget as amended.

(1) This section applies if, after an Appropriation Act for a financial year is passed, the responsibility for a service or function for which an appropriation is made in the Act is transferred from the entity to which the appropriation is made to another entity.

(2) The Treasurer may, in writing, direct that the appropriation does not lapse but may, in accordance with the direction, be issued to, or applied by, the other entity for the service or function.

(3) If the Treasurer gives a direction under subsection (2), the Treasurer must present a copy of the direction to the Legislative Assembly within 3 sitting days after the day it is given.

(4) This section does not apply to a superannuation appropriation.

(5) In this section:

entity means a department, territory authority or territory-owned corporation.

(1) This section applies in relation to the conditions of a capital injection set out in a statement included in a proposed budget for a department, a territory authority or a territory-owned corporation for a financial year under section 12 (1) (c) (ii) or section 12A (1) (c) (ii).

(2) The Treasurer may, in writing, amend the conditions.

(3) An amendment must state the Treasurer’s reasons for the amendment.

(4) An amendment is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) This section applies in relation to the performance criteria set out in a statement included in a proposed budget for a department, a prescribed territory authority or a prescribed territory-owned corporation for a financial year under section 12 (1) (b) or section 12A (1) (b).

(2) The responsible Minister for the department, territory authority or territory-owned corporation may, in writing, amend the performance criteria.

(3) Without limiting subsection (2) the responsible Minister may amend the performance criteria if—

(a) the appropriations for the department, authority or corporation are varied under section 14 (Transfer of funds between appropriations) or section 17 (Variation of appropriations for Commonwealth grants); or

(b) a direction is given under section 15 (1) (Transfer of funds within appropriations) in relation to an appropriation made for the department, authority or corporation; or

(c) funds are transferred to or from the department, authority or corporation under section 16 (Transfer of functions after Appropriation Act passed); or

(d) funds are given to the department, authority or corporation under section 18 (Treasurer’s advance); or

(e) funds mentioned in section 19B (Authorisation of expenditure of certain Commonwealth grants) are given to the department, authority or corporation; or

(f) changes happen in the priorities of the department, authority or corporation; or

(g) the Minister is satisfied that other performance criteria should be adopted for the provision of outputs by the department, authority or corporation.

(4) An amendment of the performance criteria must be made in a way that—

(a) for a department—the budget as amended will comply with section 12 (3); and

(b) for a territory authority or territory-owned corporation—the budget as amended will comply with section 12A (2).

(5) An amendment of the performance criteria is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(6) In this section:

budget, for the department, territory authority or territory-owned corporation, means the budget for the department, authority or corporation for the financial year presented to the Legislative Assembly under section 10 (b) or (c) (Budget papers) and, if the budget has been amended under this Act, the budget as amended.

prescribed territory authority means a territory authority prescribed for section 12A (1) (b).

prescribed territory-owned corporation means a territory-owned corporation prescribed for section 12A (1) (b).

public trading enterprises

the public trading enterprise sector

practice

principles

practice

principles

a copy of

a copy of

the

a copy of

practice

principles

(4) In this section:

budget, for a department for a financial year, means the budget for the department for the year presented to the Legislative Assembly under section 10 (b) (Budget papers).

(1) The annual financial statements of a department for a financial year must have endorsed on them, or attached to them, a statement of responsibility signed by the responsible chief executive.

(2) The statement of responsibility must state that, in the responsible chief executive’s opinion, the annual financial statements fairly reflect the financial operations of the department during the financial year and the financial position of the department at the end of the year.

a copy of

(2) The financial statements must have endorsed on them, or attached to them, the statement of responsibility made for them.

(1) As soon as practicable after the end of each financial year, each department must prepare a statement of the performance of the department in providing each class of outputs provided by it during the year.

(2) The statement must—

(a) compare the performance of the department in providing each class of the outputs with the forecast of the performance in the department’s budget for the year; and

(b) give particulars of the extent to which the performance criteria set out in the budget for the provision of the outputs were met.

(3) In this section:

budget, for the department, means the budget for the department for the financial year presented to the Legislative Assembly under section 10 (b) (Budget papers) and, if that budget has been amended under this Act, the budget as amended.

(1) A statement of performance of a department for a financial year must have endorsed on it, or attached to it, a statement of responsibility signed by the responsible chief executive.

(2) The statement of responsibility must state that, in the responsible chief executive’s opinion, the statement of performance fairly reflects the performance of the department in providing each class of outputs during the financial year.

(1) The responsible chief executive of a department must give the auditor-general the department’s statement of performance for a financial year as soon as practicable after the statement is prepared.

(2) The statement of performance must have endorsed on it, or attached to it, the statement of responsibility made for it under section 30B.

(3) The auditor-general must give the chief executive a report about the statement of performance as soon as practicable after the auditor-general receives it.

(4) The report must be prepared in accordance with the financial management guidelines.

(1) This section applies if, under section 30C (3), the responsible chief executive of a department receives a report from the auditor-general about a statement of performance of the department.

(2) The responsible Minister of the department must present the following documents to the Legislative Assembly:

(a) a copy of the statement of performance;

(b) a copy of the report.

(3) The responsible Minister must present the documents to the Legislative Assembly within 6 sitting days after the day the responsible chief executive receives the report.

(1) Within 30 days after 31 December in each financial year, each Minister must prepare a half-yearly performance report for each department for which the Minister is responsible.

(2) The report must include—

(a) a progress report on delivery of outputs; and

(b) an explanation of any significant variations from performance criteria.

(3) The Minister must present the report to the Legislative Assembly on the first sitting day after the report is prepared.

(4) If the report is not presented to the Legislative Assembly under subsection (3) within 30 days after 31 December, the Minister must make a copy of the report available to members of the Legislative Assembly within the 30 days.

(5) This section does not apply to the Legislative Assembly secretariat.

(1) The responsible chief executive of a department is accountable to the responsible Minister of the department for the efficient and effective financial management of the department.

(2) Without limiting subsection (1), the responsible chief executive of a department is responsible, under the responsible Minister, for ensuring—

(a) that money spent by the department is spent in accordance with appropriations made for the department (including appropriations available under section 34B); and

(b) that, as far as practicable, the operations of the department for a financial year are consistent with, and comparable to, the budget for the department for the year; and

(c) that the officers and employees of the department comply with this Act (including the financial management guidelines); and

(d) that proper accounts and records are kept of the transactions and affairs of the department in accordance with generally accepted accounting principles; and

(e) that adequate control is maintained over the assets of the department and assets in the control of the department; and

(f) that adequate control is maintained over the incurring of liabilities by the department.

(3) A report prepared under the Annual Reports (Government Agencies) Act 2004 for a financial year by the responsible chief executive of a department must include an explanation of material variations between the actual results of the department for the year and the budget for the department for the year.

(4) In this section:

budget, for a department for a financial year, means the budget for the department for the year presented to the Legislative Assembly under section 10 (b) (Budget papers) and, if that budget has been amended under this Act, the budget as amended.

(1) An amount must not be paid out of the territory banking account except under an appropriation to a departmental banking account, a territory authority banking account or a territory-owned corporation banking account.

(d) this Act, section 58 (7) (which is about transfers between the territory banking account and territory authorities of interest earned on certain investments for territory authorities).

(3) This section does not apply to an overdraft or credit facility for a territory authority approved under section 59 (5).

(1) This section applies if the Treasurer believes that it is desirable, because of changes in departmental responsibilities, to transfer a departmental trust banking account from a department to another department.

(2) The Treasurer may, in writing, direct the responsible chief executive of the department that holds the account to arrange for it to be transferred to the other department.

(3) If a chief executive receives a direction under subsection (2), the chief executive must comply with it.

(4) An account transferred in accordance with the direction becomes a trust banking account of the department to which it is transferred.

(1) This section applies if the Treasurer believes that it is necessary, because of changes in departmental responsibilities, to transfer an amount held in a departmental trust banking account (the first account) to a trust banking account of another department.

(2) The Treasurer may, in writing, direct the responsible chief executive of the department that holds the first account to transfer the amount.

(3) If a chief executive receives a direction under subsection (2), the chief executive must comply with it.

Amounts may at any time be transferred between trust banking accounts to facilitate investment of trust money.

Amounts may only be transferred between a trust banking account and the territory banking account—

(a) to facilitate investment of the trust money; or

(b) to make a payment required by section 53A (6) (Unclaimed trust money).

(1) This part applies to the following territory authorities:

• ACT Gambling and Racing Commission

• ACT Health Promotion Authority

• ACT Insurance Authority

• ACTION Authority

• Australian Capital Territory Public Cemeteries Authority

• Australian Capital Tourism Corporation

• Building and Construction Industry Training Fund Authority

• Canberra Institute of Technology

• Cleaning Industry Long Service Leave Authority

• Construction Industry Long Service Leave Authority

• Cultural Facilities Corporation

• Exhibition Park Corporation

• Independent Competition and Regulatory Commission for the Australian Capital Territory

• Land Development Agency

• Legal Aid Commission (A.C.T.)

• Public Trustee for the Australian Capital Territory

• Stadiums Authority

• University of Canberra.

(2) This part also applies to a territory authority prescribed by the financial management guidelines.

(1) This section applies to a territory authority if the authority does not have a governing board.

Note Section 76 (2) sets out the territory authorities that have governing boards.

(2) The chief executive officer of the territory authority is responsible, under the responsible Minister, for the efficient and effective financial management of the authority.

(3) Without limiting subsection (2), the chief executive officer of the territory authority is responsible, under the responsible Minister, for ensuring the following:

(a) that the expenses incurred by the authority are properly authorised;

(b) that, if an appropriation is made in relation to the authority, any amount of the appropriation spent by the authority is spent in accordance with the appropriation;

(c) that, as far as practicable, the operations of the authority during a financial year are consistent with, and comparable to, the estimates in the authority’s statement of intent for the year.

(d) that payments made by the authority are properly authorised and correctly made;

(e) that the staff of the authority comply with the requirements of this Act;

(f) that proper accounts and records are kept of the transactions and affairs of the authority in accordance with generally accepted accounting principles;

(g) that adequate control is maintained over the assets of the authority and assets under the authority’s control;

(h) that adequate control is maintained over the incurring of liabilities by the authority.

(4) A report prepared by the territory authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include an explanation of material variations between the actual results of the authority for the year and the estimates in the authority’s statement of intent for the year.

(1) This section applies to a territory authority if the authority has a governing board.

Note Section 76 (2) sets out the territory authorities that have governing boards.

(2) The governing board of the territory authority is responsible, under the responsible Minister, for the efficient and effective financial management of the authority.

(3) Without limiting subsection (2), the governing board of the territory authority is responsible, under the responsible Minister, for ensuring the following:

(a) that expenses incurred by the authority are properly authorised;

(b) that, if an appropriation is made in relation to the authority, any amount of the appropriation spent by the authority is spent in accordance with the appropriation;

(c) that, as far as practicable, the operations of the authority during a financial year are consistent with, and comparable to, the estimates in the authority’s statement of intent for the year;

(d) that payments made by the authority are properly authorised and correctly made;

(e) that the staff of the authority comply with the requirements of this Act;

(f) that proper accounts and records are kept of the transactions and affairs of the authority in accordance with generally accepted accounting principles;

(g) that adequate control is maintained over the assets of the authority and assets under the authority’s control;

(h) that adequate control is maintained over the incurring of liabilities by the authority.

(4) A report prepared by the territory authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include an explanation of material variations between the actual results of the authority for the year and the estimates in the authority’s statement of intent for the year.

(1) A territory authority may open 1 or more banking accounts for the purposes of the authority.

(2) A territory authority must at all times keep at least 1 banking account.

(3) A banking account of a territory authority must not, without the Treasurer’s written approval, be opened or kept otherwise than with an authorised deposit-taking institution with which an agreement is in force under section 32 (Agreement for the conduct of banking for Territory).

(1) Funds not immediately required for the purposes of a territory authority may be invested—

(a) on deposit with an authorised deposit-taking institution; or

(b) in Territory, State or Commonwealth securities; or

(c) by the Treasurer, for the territory authority, in an investment mentioned in section 38 (1) (a) to (e); or

(d) in an investment prescribed for this paragraph.

(2) However, the funds of the territory authority may only be invested under this section to increase or protect the financial wealth of the authority.

(3) Transfers between the territory banking account and the banking account of a territory authority to facilitate investments may be made without appropriation.

(4) Interest received by the Treasurer for the investment of funds of a territory authority must be paid to the territory authority.

(5) However, if an investment of funds of a territory authority is made or managed by a department, the department may deduct from the interest received by the department for the investment—

(a) a fee charged by the department for making or managing the investment; and

(b) expenses reasonably incurred by the department in making or managing the investment.

(6) Interest that is to be paid to a territory authority under subsection (4) may be paid direct to the territory authority or through the territory banking account.

(7) If interest to be paid to a territory authority is paid into the territory banking account under subsection (6), the interest may be paid to the authority from that account without further appropriation.

(8) This section does not apply to money held on trust by a territory authority.

(1) The Treasurer may, on the terms and conditions the Treasurer considers appropriate—

(a) borrow money for a territory authority; or

(b) lend public money to a territory authority.

(2) A borrowing may be secured by the territory authority’s assets approved by the Treasurer for this section.

(3) A territory authority may arrange an overdraft or credit facility only with the written approval of the Treasurer.

(4) A loan under subsection (1) (b) may be made only from—

(a) money appropriated for the purpose of making the loan; or

(b) money appropriated for purposes that include the purpose of making the loan.

(5) However, subsection (4) does not apply to an overdraft or credit facility for a territory authority from the territory banking account that is approved, in writing, by the Treasurer for the authority.

(6) The Treasurer may approve an overdraft or credit facility for a territory authority under subsection (5) only if satisfied that it is for a purpose consistent with a function of the authority.

(7) An approval under subsection (5) must state, for the overdraft or credit facility—

(a) each purpose for which it may be used; and

(b) the maximum amount that may be outstanding at any time; and

(c) conditions about—

(i) the repayment of principal; and

(ii) the interest rate; and

(iii) the repayment of interest.

(8) An approval under subsection (5) may also state any other condition that the Treasurer requires.

(9) An approval under subsection (5) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(10) An overdraft or credit facility approved under subsection (5) must be reviewed annually by the Treasurer.

A territory authority may only give a guarantee with the written approval of the Treasurer.

(1) A territory authority must give the Treasurer a statement (a statement of intent) for each financial year.

(2) A territory authority must consult the responsible Minister in preparing a statement of intent.

(3) A territory authority must show the responsible Minister a copy of the proposed statement of intent, and take into consideration any comment by the Minister, before giving it to the Treasurer.

(4) A statement of intent must be—

(a) in the form the Treasurer requires; and

(b) as agreed between the relevant person for the authority and the Treasurer; and

(c) provided to the Treasurer within the period the Treasurer requires.

(5) A statement of intent for a financial year must include the following:

(a) the financial statements required under the financial management guidelines;

(b) a statement of the objectives of the authority for the year, and each of the next 3 financial years;

(c) a statement of the nature and scope of the activities to be carried out by the authority during the year, and each of the next 3 financial years;

(d) the performance criteria and other measures by which the performance of the authority may be assessed against its objectives for the year, and each of the next 3 financial years;

(e) an assessment of the performance (or estimated performance) of the authority in the previous financial year against its objectives for that year;

(f) the results of any review under section 59 (10) in the previous financial year of an overdraft or credit facility approved for the authority;

(g) any other information the Treasurer directs.

(6) In this section:

relevant person, for a territory authority, means—

(a) if the authority has a governing board—the chair of the governing board; or

(b) if the authority does not have a governing board—the chief executive officer.

(1) The Treasurer must present to the Legislative Assembly, with the budget papers for a financial year, a statement of intent for each territory authority for the year.

(2) If the Treasurer does not present to the Legislative Assembly, with the budget papers for a financial year, a statement of intent for a territory authority, the Treasurer must—

(a) as soon as practicable after the budget papers are presented, explain to the Legislative Assembly why the statement of intent was not presented; and

(b) present the statement of intent to the Legislative Assembly as soon as practicable after presenting the budget papers.

(1) As soon as practicable after the end of each financial year, each territory authority must prepare annual financial statements for its operations during the year.

(2) The annual financial statements must be prepared in accordance with generally accepted accounting principles and in a form that facilitates a comparison between the financial operations of the territory authority during the financial year and the estimates of the operations in the authority’s statement of intent for the year.

(3) The annual financial statements must include—

(a) the financial statements required under the financial management guidelines; and

(b) if a change was made during the year to the conditions of a capital injection set out under section 12A (1) (c) (ii) (Territory authority and territory-owned corporation budgets) in a statement included in a proposed budget for the authority for a financial year—a statement of the change and the reasons for it; and

(c) any other statement necessary to fairly reflect the financial operations of the authority during the year and its financial position at the end of the year.

(1) The annual financial statements of a territory authority for a financial year must have endorsed on them, or attached to them, a statement of responsibility signed by the relevant person for the authority.

(2) The statement of responsibility must—

(a) include a statement of the relevant person’s responsibility for the preparation of the annual financial statements and the judgments exercised in preparing them; and

(b) state that, in the relevant person’s opinion, the financial statements fairly reflect the financial operations of the authority during the financial year and the financial position of the authority at the end of the year.

(3) In this section:

relevant person, for the territory authority, means—

(a) if the authority has a governing board—the chair of the governing board; or

(b) if the authority does not have a governing board—the chief executive officer.

(1) The chief executive officer of a territory authority must give the auditor-general the annual financial statements of the authority for a financial year within the prescribed period after the end of the year.

(2) The financial statements given to the auditor-general must have endorsed on them, or attached to them, the statement of responsibility made for them under section 64.

(3) The auditor-general must give the chief executive officer an audit opinion about the financial statements as soon as practicable after the auditor-general receives them.

(1) This section applies if, under section 65 (3), the chief executive officer of a territory authority receives an audit opinion about annual financial statements of the authority.

(2) Within 7 days after the day the chief executive officer receives the audit opinion, the chief executive officer must give the responsible Minister of the territory authority the following documents:

(a) a copy of the annual financial statements;

(b) a copy of the opinion;

(c) the authority’s response (if any) to the opinion.

(3) The responsible Minister must present the documents to the Legislative Assembly within 6 sitting days after the day the Minister receives them.

(1) The Treasurer may, in writing, direct the relevant person for a territory authority to give the responsible Minister of the authority and the Treasurer financial or other statements relating to the authority for each month, quarter or other stated period of the year.

(2) The relevant person must prepare the statements required by the direction and give them to the responsible Minister and Treasurer within 1 month after the day the person receives the direction or, if a longer period for compliance is stated in the direction, within the longer period.

(3) In this section:

relevant person, for a territory authority, means—

(a) if the authority has a governing board—the chair of the governing board; or

(b) if the authority does not have a governing board—the chief executive officer.

(1) As soon as practicable after the end of each financial year, each territory authority must prepare a statement of the performance of the authority in meeting the objectives in the authority’s statement of intent for the year.

(2) The statement must assess the performance by reference to the performance criteria and other measures included in the statement of intent in accordance with section 61 (5) (d).

(3) For a prescribed territory authority, the statement must also include a statement of the performance of the authority in providing each class of outputs provided by it during the year and, in particular—

(a) compare the performance of the territory authority in providing each class of the outputs with the forecast of the performance in the authority’s budget for the year; and

(b) give particulars of the extent to which the performance criteria set out in the budget for the provision of the outputs were met.

(4) In this section:

budget, for the territory authority, means the budget for the authority for the financial year presented to the Legislative Assembly under section 10 (c) (Budget papers) and, if that budget has been amended under this Act, the budget as amended.

prescribed territory authority means a territory authority prescribed for section 12A (1) (b) (Territory authority and territory-owned corporation budgets).

(1) A statement of performance of a territory authority for a financial year must have endorsed on it, or attached to it, a statement of responsibility signed by the relevant person for the authority.

(2) The statement of responsibility must—

(a) include a statement of the relevant person’s responsibility for the preparation of the statement of performance and the judgments exercised in preparing them; and

(b) state that, in the relevant person’s opinion, the statement of performance fairly reflects the performance of the authority during the financial year.

(3) In this section:

relevant person, for the territory authority, means—

(a) if the authority has a governing board—the chair of the governing board; or

(b) if the authority does not have a governing board—the chief executive officer.

(1) The chief executive officer of a territory authority must give the auditor-general the authority’s statement of performance for a financial year within the prescribed period after the end of the year.

(2) The statement of performance given to the auditor-general must have endorsed on it, or attached to it, the statement of responsibility made for it under section 69.

(3) The auditor-general must give the chief executive officer a report about the statement of performance as soon as practicable after the auditor-general receives it.

(4) The report must be prepared in accordance with the financial management guidelines.

(1) This section applies if, under section 70 (3), the chief executive officer of a territory authority receives a report from the auditor-general about a statement of performance of the authority.

(2) Within 7 days after receiving the report, the chief executive officer must give the responsible Minister of the territory authority the following documents:

(a) a copy of the statement of performance;

(b) a copy of the report;

(c) the authority’s response (if any) to the report.

(3) The responsible Minister must present the documents to the Legislative Assembly within 6 sitting days after the day the Minister receives them.

Note 1 Div 9.1 and div 9.5 apply to a territory authority, whether or not it has a governing board, unless the establishing Act otherwise provides (see eg the Legal Aid Act 1977, s 94A).

Note 2 The Legislation Act contains provisions relevant to territory authorities, including the following:

• making appointments (s 206, s 207)

• consultation with a committee of the Legislative Assembly (div 19.3.3)

• eligibility for reappointment (s 208 and dict, pt 1, def appoint)

• acting appointments (s 209)

• resignations (s 210)

• effect of appointment irregularity or defect (s 212).

Note 3 The Remuneration Tribunal Act 1995 allows terms and conditions for people appointed to be set by determination under that Act.

In this part:

applicable governmental policies, for a territory authority—see section 103.

establishing Act, for a territory authority, governing board or governing board member, means the Act that establishes the authority or governing board.

financial year, for a territory authority, means—

(a) a period of 12 months beginning on 1 July; or

(b) if the territory authority has, in writing, fixed another 12-month period as its financial year—the period fixed.

governing board member, for a territory authority with a governing board, includes the CEO.

material interest—see section 88 (4).

relevant territory authority—a territory authority to which part 8 applies is a relevant territory authority, unless the establishing Act for the authority provides otherwise.

(1) A relevant territory authority—

(a) is a corporation; and

(b) may sue and be sued in its corporate name; and

(c) may have a seal.

(2) A relevant territory authority represents the Territory when exercising its functions, unless the establishing Act for the authority or another territory law otherwise provides.

(3) A relevant territory authority has the same status, privileges and immunities as the Territory so far as it represents the Territory.

(1) A relevant territory authority has the legal capacity and powers of an individual both in and outside the ACT (including outside Australia).

1 to enter into a contract

2 to own, deal with and dispose of property

3 to act as trustee

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) Without limiting subsection (1), a relevant territory authority—

(a) has the powers given to it under this Act or another territory law; and

(b) may do anything that it is authorised to do by a territory law or a law of another jurisdiction; and

(c) may exercise its powers in and outside the ACT (including outside Australia).

A territory authority may arrange for the authority to be registered or recognised under a law of another jurisdiction.

(3) A relevant territory authority’s legal capacity to do something is not affected by the fact that the authority’s interests are not, or would not be, served by doing it.

(4) To remove any doubt, this section does not—

(a) authorise a relevant territory authority to do anything that is prohibited by a territory law or a law of another jurisdiction; and

(b) give a relevant territory authority a right that a territory law or a law of another jurisdiction denies to the authority.

(5) In this section:

another jurisdiction means the Commonwealth, a State, another Territory or a foreign country.

(1) In this section:

applied Corporations Act provisions means the following provisions of the Corporations Act:

(a) section 127 (which is about the execution of documents by a company);

(b) section 128 (which is about a person’s entitlement to make certain assumptions in dealing with a company);

(c) section 129 (which is about the assumptions that may be made).

(2) The applied Corporations Act provisions apply to a relevant territory authority as if—

(a) a reference to a company were a reference to the authority; and

(b) a reference to a common seal were a reference to any seal of the authority; and

(c) a reference to a director were a reference to a board member; and

(d) a reference to a company’s constitution were a reference to this Act and the establishing Act; and

(e) a reference to an officer of a company were a reference to the chief executive officer and any member of staff of the authority; and

(f) a reference to information available to the public from ASIC were a reference to information available to the public from the Territory; and

(g) any other necessary changes, and any change prescribed by regulation, were made.

(1) A territory authority has a governing board if the establishing Act for the authority establishes a governing board for the authority.

(2) To remove any doubt, only the following territory authorities have governing boards:

• ACT Gambling and Racing Commission

• ACT Health Promotion Authority

• ACTION Authority

• Australian Capital Territory Public Cemeteries Authority

• Australian Capital Tourism Corporation

• Building and Construction Industry Training Fund Authority

• Cleaning Industry Long Service Leave Authority

• Construction Industry Long Service Leave Authority

• Cultural Facilities Corporation

• Exhibition Park Corporation

• Land Development Agency

• Stadiums Authority

• a territory authority prescribed by the financial management guidelines.

(1) If a territory authority has a governing board, the governing board has the following functions:

(a) setting the authority’s policies and strategies;

(b) governing the authority consistently with the authority’s establishing Act and other relevant legislation;

(c) ensuring, as far as practicable, that the authority operates in a proper, effective and efficient way;

(d) ensuring, as far as practicable, that the authority complies with applicable governmental policies (if any).

1 risk management

2 communication with government

3 corporate planning

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) This section does not limit the functions of a governing board.

(1) This section applies to the appointment of the members of the governing board of a territory authority, other than the CEO.

(2) The responsible Minister for the territory authority may appoint the members.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(3) The only criteria for deciding whether to appoint a person as a member are—

(a) the contribution the person can make to the goals and objectives of the governing board; and

(b) the criteria stated in applicable governmental policies (if any) relating to appointments.

(4) However, the establishing Act may prescribe other criteria for deciding whether to appoint a person as a member.

(5) An appointment of a member—

(a) must not be for longer than 3 years, unless the establishing Act allows a longer period; and

(b) is an appointment under the provision of the establishing Act that establishes the governing board.

(6) The conditions of appointment of a member (other than a member required under the establishing Act to be a public servant or statutory office holder) are the conditions agreed between the Minister and the member, subject to any determination under the Remuneration Tribunal Act 1995.

(1) The responsible Minister for a territory authority with a governing board may appoint a chair for the board and, unless the establishing Act otherwise provides, a deputy chair for the board.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2) However, the responsible Minister must not appoint the CEO of the territory authority as chair or deputy chair.

(3) The responsible Minister must try to ensure that the governing board of a territory authority always has a chair and, unless the establishing Act otherwise provides, deputy chair.

(1) This section applies to a territory authority with a governing board.

(2) The governing board of the territory authority must, after consulting the responsible Minister, appoint a CEO for the authority.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(3) However, if the CEO is required under the establishing Act to be a public servant, the chief executive of the administrative unit responsible for the establishing Act must, after consulting the governing board and the responsible Minister, appoint a CEO for the authority.

(4) The CEO is a member of the governing board.

(5) However, the CEO is not a member of the governing board if it is considering or deciding—

(a) the appointment, or the ending of the appointment, of the CEO; or

(b) the CEO’s conditions of appointment.

(6) The conditions of appointment of a CEO (other than a CEO required under the establishing Act to be a public servant) are the conditions agreed between the governing board and the CEO, subject to any determination under the Remuneration Tribunal Act 1995.

(1) This section applies to a governing board member other than the CEO.

(2) The responsible Minister may end the member’s appointment—

(a) if the member contravenes a territory law; or

(b) for misbehaviour; or

(c) if the member becomes bankrupt or executes a personal insolvency agreement; or

(d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(f) if the member exercises the member’s functions other than in accordance with section 85 (Honesty, care and diligence of governing board members); or

(g) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

(h) if the member contravenes section 88 (Disclosure of interests by governing board members); or

(i) if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

(j) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

(3) The Minister may also end the appointment of the member (the member concerned) if the board tells the Minister in writing that it has resolved, by a majority of at least ²/3 of the members, to recommend to the Minister that the member’s appointment be ended.

(4) The governing board may pass a resolution mentioned in subsection (3) only if—

(a) at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and

(b) the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and

(c) if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.

The chair of the governing board of a territory authority has the following functions:

(a) managing the affairs of the governing board;

(b) ensuring, as far as practicable, that there is a good working relationship between the governing board and management of the authority;

(c) ensuring the responsible Minister is kept informed about the operations of the authority.

(1) If the chair of the governing board of a territory authority is absent or cannot for any reason exercise the functions of the chair, the deputy chair of the governing board must exercise the functions of the chair.

(2) However, this section does not apply to a territory authority if the establishing Act for the authority provides that it need not have a deputy chair.

Note The Legislation Act, s 209 deals with acting appointments.

(1) The CEO of a territory authority with a governing board has the following functions:

(a) ensuring, as far as practicable, that the authority’s statement of intent is implemented effectively and efficiently;

achieving objectives in statement of intent

(b) managing the day-to-day operations of the authority in accordance with—

(i) applicable governmental policies (if any); and

(ii) the policies of the authority set by the board; and

(iii) each legal requirement that applies to the authority;

a direction by the independent competition and regulatory commission that relates to the authority

(c) regularly advising the board about the operation and financial performance of the authority;

(d) immediately advising the board about significant events.

(2) In this section:

significant event, for a territory authority, means an event that the authority is required to tell the responsible Minister about under section 101.

In exercising the functions of a governing board member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

A governing board member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.

The agenda for each meeting of a territory authority governing board must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

(1) If a governing board member has a material interest in an issue being considered, or about to be considered, by the governing board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.

Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

(2) The disclosure must be recorded in the governing board’s minutes and, unless the board otherwise decides, the member must not—

(a) be present when the board considers the issue; or

(b) take part in a decision of the board on the issue.

Albert, Boris and Chloe are members of a governing board. They have an interest in an issue being considered at a governing board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’s interests are minor but Chloe has a direct financial interest in the issue.

The governing board considers the disclosures and decides that because of the nature of the interests:

• Albert may be present when the board considers the issue but not take part in the decision

• Boris may be present for the consideration and take part in the decision.

The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, since Chloe has a material interest she cannot be present for the consideration of the issue or take part in the decision.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) Any other governing board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

(4) In this section:

associate, of a person, means—

(a) the person’s business partner; or

(b) a close friend of the person; or

(c) a family member of the person.

executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

(a) an associate of the person;

(b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

(c) a subsidiary of a corporation mentioned in paragraph (b);

(d) a corporation if the person, or an associate of the person, is an executive officer of the corporation;

(e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;

(f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;

(g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a governing board member has a material interest in an issue if the member has—

(a) a direct or indirect financial interest in the issue; or

(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

(1) Within 3 months after the day a material interest is disclosed under section 88 (1), the chair of the governing board must report to the responsible Minister in writing about—

(a) the disclosure; and

(b) the nature of the interest disclosed; and

(c) any decision by the board under section 88 (2).

(2) The chair must also give the responsible Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.

(3) The responsible Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 31 days after the day the Minister receives the statement.

(4) In this section:

relevant committee means—

(a) a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or

(b) if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.

(1) A governing board member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under a territory law; or

(b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

(2) Any liability that would, apart from this section, attach to a governing board member of a territory authority attaches instead to the authority.

(1) A territory authority must not exempt a governing board member (whether directly or through another entity) from liability to the authority.

(2) A territory authority must not indemnify a governing board member (whether directly or through another entity and whether by agreement or by making a payment) against any of the following liabilities incurred as a board member:

(a) a liability owed to the authority;

(b) a liability owed to someone other than the authority that did not arise from honest conduct.

(3) A territory authority must not indemnify a governing board member (whether directly or through another entity and whether by agreement or by making a payment) against legal costs incurred as a member if the costs are incurred—

(a) in defending or resisting a proceeding if the person is found to have a liability for which the person could not be indemnified under subsection (2); or

(b) in defending or resisting a criminal proceeding in which the person is found guilty.

(4) In this section:

authority includes a subsidiary (if any) of the authority.

(1) A person may claim compensation from the Territory if the person suffers loss because of the exercise, or purported exercise, of a function under this part or the establishing Act.

(2) Compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction.

(3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

(1) Meetings of the governing board of a territory authority are to be held when and where it decides.

(2) However, the governing board must meet—

(a) at least once every 3 months; or

(b) if the establishing Act requires the governing board to meet more frequently—at the times required under the establishing Act.

(3) The chair—

(a) may at any time call a meeting of the governing board; and

(b) must call a meeting if asked by the Minister or at least 2 members.

(4) The chair must give the other members reasonable notice of the time and place of a meeting called by the chair.

(1) The chair presides at all meetings at which the chair is present.

(2) If the chair is absent and the governing board has a deputy chair, the deputy chair presides.

(3) If the chair and the deputy chair are absent or the chair is absent and there is no deputy chair, the member chosen by the members present presides.

(4) However, the members must not choose the CEO to preside.

(1) Business may be carried on at a meeting of the governing board only if at least ¹/2 the number of members appointed are present.

(2) However, if the establishing Act for the governing board provides that a board member is a non-voting member, that board member is not counted as a member appointed or present for subsection (1).

(1) At a meeting of the governing board each member has a vote on each question to be decided, unless the establishing Act for the board otherwise provides.

(2) A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a deciding vote.

(1) The governing board may conduct its proceedings (including its meetings) as it considers appropriate.

(2) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a board member taking part to hear what each other member taking part says without the members being in each other’s presence.

a phone link, a satellite link

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) A governing board member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.

(4) A resolution is a valid resolution of the governing board, even if it is not passed at a meeting of the board, if all members agree to the proposed resolution in writing or by electronic communication.

email

(5) The board must keep minutes of its meetings.

(1) A relevant territory authority must not do any of the following without the Treasurer’s prior written approval:

(a) subscribe for, or purchase, shares in or debentures or other securities of, a corporation;

(b) form, or take part in the formation of, a corporation.

(2) An approval under subsection (1)—

(a) must relate only to a particular corporation or proposed corporation; and

(b) may be given subject to the conditions or restrictions stated in the approval.

(3) If a relevant territory authority does something mentioned in subsection (1), the authority must tell the responsible Minister within 2 weeks after the day the authority does the thing.

(4) The responsible Minister must—

(a) prepare a written statement setting out details of, and reasons for, the relevant territory authority’s action; and

(b) present the statement to the Legislative Assembly within 6 sitting days after the day the Minister is told about the action.

(5) A statement need not include any material that is commercially sensitive.

(6) However, if commercially sensitive information is not included in the statement, the responsible Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the information and the reason for its non-inclusion in the statement.

(1) A relevant territory authority must not take part in a joint venture or trust without the Treasurer’s prior written approval.

(2) An approval under subsection (1)—

(a) may apply generally or may relate to a particular proposed joint venture or trust; and

(b) may be given subject to the conditions or restrictions stated in the approval.

(3) If a relevant territory authority enters into an agreement for a joint venture or trust, the authority must tell the responsible Minister within 2 weeks after the day the authority enters into the agreement.

(4) The responsible Minister must—

(a) prepare a written statement setting out details of, and reasons for, the agreement; and

(b) present the statement to the Legislative Assembly within 6 sitting days after the day the Minister is told about the agreement.

(5) A statement need not include any material that is commercially sensitive.

(6) However, if commercially sensitive information is not included in the statement, the responsible Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the information and the reason for its non-inclusion in the statement.

(1) If a relevant territory authority has a controlling interest in a corporation, joint venture or trust, the authority must ensure that—

(a) the auditor-general is appointed auditor for the corporation, joint venture or trust; and

(b) the corporation or joint venture, or a trustee for the trust, does not do anything that the authority itself could not do.

(2) If a relevant territory authority has an interest, other than a controlling interest, in a corporation, joint venture or trust, the authority must try to ensure that the auditor-general is appointed auditor for the corporation, joint venture or trust.

Note The Auditor-General Act 1996, s 14 allows the auditor-general to require a person to give to the auditor-general information and documents.

(3) In this section—

controlling interest—see the Auditor-General Act 1996, section 5.

(1) A relevant territory authority must, as soon as practicable, tell the responsible Minister of any significant event that affects, or seems likely to affect—

(a) the value of the authority; or

(b) a significant part of the authority’s assets; or

(c) the performance of the authority as a whole; or

(d) the carrying out of a significant activity of the authority.

(2) For this section, an event, part of assets or activity is significant for a relevant territory authority if—

(a) it is significant when interpreted in accordance with accounting standards relating to materiality ordinarily used in Australia when the decision about whether it is significant is made; or

(b) a document published by the authority identifies it as significant (however described); or

(c) a memorandum of understanding or other agreement between the responsible Minister or Treasurer and the authority identifies it as significant (however described); or

(d) it is prescribed under the financial management guidelines.

(1) The responsible Minister for a relevant territory authority may, in writing, direct the relevant person for the authority to give the Minister financial or other statements relating to the authority.

(2) Without limiting subsection (1), the direction may state the form in which the statements are to be given and the period to which they must relate.

(3) A relevant person for a relevant territory authority who receives a direction under subsection (1) must prepare the statements required by the direction and give them to the responsible Minister within 1 month after the day the person receives the direction or, if a longer period is allowed by the Minister, within the longer period.

(4) The responsible Minister must not allow a longer period under subsection (3) for complying with a direction unless satisfied that there are special circumstances that justify the longer period.

(5) In this section:

relevant person, for a relevant territory authority, means—

(a) if the authority has a governing board—the chair of the governing board; or

(b) if the authority does not have a governing board—the chief executive officer.

(1) The responsible Minister for a relevant territory authority may, after consulting the authority, tell the authority, in writing, the general government policies (applicable governmental policies) that are to apply to the authority.

(2) A relevant territory authority must ensure that the authority complies, as far as practicable, with the applicable governmental policies.

(3) For the Trade Practices Act 1974 (Cwlth), this Act authorises—

(a) the decision to apply applicable governmental policies to an authority; and

(b) the doing of, or the failure to do, anything by or in relation to the authority to comply with applicable governmental policies.

(4) A notice under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) The 1 July 2005 sections, as in force immediately after the commencement of this section, apply in relation to the financial year that commenced on 1 July 2005 and all subsequent financial years.

(2) In its application in relation to the financial year that commenced on 1 July 2005, section 68, as in force immediately after the commencement of this section, applies as if the reference in subsection (3) to section 61 (5) (d) included a reference to section 55 (3) (d).

(3) In this section:

1 July 2005 sections means the following sections:

• section 12 (Departmental budgets)

• section 13 (Supplementary budget papers)

• section 13A (Amendment of budgets for supplementary appropriation)

• section 22 (Annual financial statements of the Territory)

• section 23 (Responsibility for annual financial statements)

• section 24 (Audit of annual financial statements)

• section 27 (Annual financial statements of departments)

• section 28 (Responsibility for annual financial statements of departments)

• section 29 (Audit of financial statements of departments)

• section 30A (Statements of performance of departments)

• section 30B (Responsibility for departmental statements of performance)

• section 30C (Scrutiny of departmental statements of performance)

• section 30D (Presentation of departmental statements of performance)

• section 30E (Half-yearly departmental performance reports)

• section 31 (Responsibilities of chief executives of departments)

• section 63 (Annual financial statements of territory authorities)

• section 64 (Responsibility for annual financial statements of territory authorities)

• section 65 (Audit of annual financial statements of territory authorities)

• section 66 (Presentation of annual financial statements of territory authorities)

• section 68 (Statements of performance of territory authorities)

• section 69 (Responsibility for territory authority statements of performance)

• section 70 (Scrutiny of territory authority statements of performance)

• section 71 (Presentation of territory authority statements of performance).

(4) This section expires 1 year after the day it commences.

(1) The 1 July 2006 sections, as in force immediately after the commencement of this section, apply in relation to the financial year commencing on 1 July 2006 and all subsequent financial years.

(2) Despite the amendments of this Act made by the Financial Management Legislation Amendment Act 2005, the following sections, as in force immediately before the commencement of this section, continue to apply in relation to the financial year that commenced on 1 July 2005:

• section 10 (Budget papers)

• section 58 (Statements of intent).

(3) In this section:

1 July 2006 sections means the following sections:

• section 10 (Budget papers)

• section 12A (Territory authority and territory-owned corporation budgets)

• section 61 (Territory authority statements of intent)

• section 62 (Presentation of statements of intent of territory authorities).

(4) This section expires on the expiry of section 109.

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Financial Management Legislation Amendment Act 2005.

(2) A regulation may modify this part (including its operation in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

(4) This section expires 2 years after the day it commences.

• Act

• exercise

• function

• GST

• person.

applicable governmental policies, for a territory authority, for part 9 (Governance of territory authorities)—see section 103.

capital injection means an amount provided, or to be provided, to a department, a territory authority or a territory-owned corporation for—

(a) the purchase of assets to be held by the department or to be owned by the authority or corporation; or

(b) the development of assets held by the department or owned by the authority or corporation; or

(c) augmenting the assets held by the department or owned by the authority or corporation; or

(d) reducing the liabilities of the department, the authority or the corporation;

but does not include an amount provided from an appropriation for a purpose mentioned in section 8 (1) (a) or (c) or (2) (a).

CEO—see chief executive officer.

chief executive officer (or CEO), of a territory authority, means the person (however described) who is responsible for managing the affairs of the authority.

establishing Act, for a territory authority, governing board or governing board member, for part 9 (Governance of territory authorities)—see section 72.

financial year, for a territory authority, for part 9 (Governance of territory authorities)—see section 72.

generally accepted accounting principles means accounting principles and procedures that are—

(a) recognised by the accounting profession as appropriate for reporting financial information relating to government, a department or a territory authority; and

(b) consistent with this Act and any relevant Appropriation Act.

governing board, for a territory authority, means the governing board for the authority mentioned in section 76.

governing board member, for a territory authority with a governing board for part 9 (Governance of territory authorities)—see section 72.

material interest, for part 9 (Governance of territory authorities)—see section 88 (4).

relevant territory authority, for part 9 (Governance of territory authorities)—see section 72.

(c) in relation to a territory authority—the Minister administering the Act under which the authority is established; and

(d) in relation to a territory-owned corporation—the Minister administering the Territory-owned Corporations Act 1990.

statement of intent, for a territory authority—see section 61 (1).

The governance of territory authorities, including ACTION Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The ACTION Authority (the authority) is established.

(1) In this section:

subsidiary means a company that, for the Corporations Act, is a subsidiary of the authority.

(2) The authority or a subsidiary must not, without the Treasurer’s prior written approval—

(a) enter into a contract involving the payment or receipt of a total amount larger than $500 000; or

(b) sell or otherwise dispose of, or mortgage or otherwise give security over, a significant asset; or

(c) mortgage or give a charge over all, or a significant part, of its undertakings or assets.

(3) An approval of the Treasurer may be given subject to conditions or restrictions stated in the approval.

(4) The authority or a subsidiary must not dispose of any of its main undertakings unless the Legislative Assembly has, by resolution, approved the disposal.

(5) A purported disposal in contravention of subsection (4) is void.

(6) For this section, an asset, or part of the undertakings or assets, of the authority or a subsidiary is significant if—

(a) it is significant when interpreted in accordance with accounting standards relating to materiality ordinarily used in Australia when the decision about whether it is significant is made; or

(b) a document published by the authority or subsidiary identifies it as significant (however described); or

(c) a memorandum of understanding or other agreement between the Minister or Treasurer and the authority or subsidiary identifies it as significant (however described); or

(d) it is prescribed under the financial management guidelines under the Financial Management Act 1996 for this section.

(7) This section is additional to the Financial Management Act 1996, part 9 (Governance of territory authorities).

The authority has a governing board.

The governing board has at least 5, but not more than 7, members.

Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer of the authority is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

The chief executive officer of the authority must not be appointed for a term of longer than 5 years.

Note 1 The governing board must appoint a chief executive officer (see Financial Management Act 1996, s 80 (2)).

Note 2 A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(3) The authority’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(1) The Minister may give the authority written directions in relation to the exercise of its functions.

(2) Before giving a direction the Minister must—

(a) tell the governing board about the effect of the proposed direction; and

(b) give the board a reasonable opportunity to comment on the proposed direction; and

(c) consider any comments made by the board.

(3) The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.

(4) On receiving a direction under this section, the authority must comply with it.

(5) The Territory must reimburse the authority for the net reasonable expense of complying with a direction.

(6) The net reasonable expense of complying with a direction is—

(a) if the direction requires the authority to do something that, apart from the direction, it would not have done—the reasonable cost of, and the estimated revenue foregone in, complying with the direction; or

(b) if the direction requires the authority to do something in a way that is different from how the authority had intended to do it—the additional cost incurred, and the estimated revenue foregone, in doing the thing in accordance with the direction; or

(c) if the direction requires the authority not to do something that, apart from the direction, it would have done—the difference (if any) between any estimated foregone revenue and the savings resulting from not doing the thing.

(7) An amount is not payable under subsection (5) unless it is agreed to by the Minister and the authority or, failing agreement, is decided by the Treasurer.

(1) If there are profits available for paying a dividend for a financial year, the Treasurer may, after consulting the board, direct the authority to declare a dividend for the year of the amount directed by the Treasurer.

(2) Within 1 month after the day the authority receives a direction under subsection (1), the authority must declare, and pay the Territory, a dividend in accordance with the direction.

(3) For this section, available profits for a financial year are—

(a) the profits for the financial year; and

(b) any profits for any previous financial year that have not previously been taken into account in deciding whether a dividend should be declared.

(4) In this section:

profit includes the net proceeds of the sale of assets.

A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—

(a) a copy of any direction given under section 12 (Ministerial directions) during the year; and

(b) a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year) under that section.

Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.

The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• exercise

• function.

authority means ACTION Authority.

chief executive officer means the chief executive officer of the authority.

Note The chief executive officer must be appointed under the Financial Management Act 1996, s 80.

governing board means the governing board of the authority.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

The governance of territory authorities, including the corporation, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The Australian Capital Tourism Corporation (the corporation) is established.

Note A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196).

The corporation has a governing board.

The governing board has 9 members.

Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

The chief executive officer of the corporation must be a public servant.

Note A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (3).

The corporation’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(2) However, the corporation must not enter into a contract of employment under this section.

section 27

section 11

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• exercise

• function.

corporation means the Australian Capital Tourism Corporation.

governing board means the governing board of the corporation.

An Act to impose a levy for improving training in the building and construction industry, and for other purposes

The governance of territory authorities, including the Building and Construction Industry Training Fund Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The Building and Construction Industry Training Fund Authority (the authority) is established.

Note If a law changes a name of an entity (like the Building and Construction Industry Training Fund Board), the entity continues in existence under the new name (the Building and Construction Industry Training Fund Authority) and its identity is not affected by the change (see Legislation Act, s 183).

The authority has the following functions:

(a) administering the fund;

(b) making payments, or directing that payments be made, from the fund in accordance with training plans;

(c) exercising any other function given to the authority under this Act or any other territory law.

Note The Legislation Act, s 196 (1) provides that a provision of an Act that gives an entity (including the board) a function also gives the entity the powers necessary and convenient to exercise the function.

The authority has a governing board.

(1) The governing board has 6 members.

Note A chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

(2) Two of the governing board members must be appointed to represent the interests of employers in the building and construction industry.

(3) Two of the governing board members must be appointed to represent the interests of employees in the building and construction industry.

(4) The chair must not be a representative mentioned in subsection (2) or (3).

(5) The chief executive officer is a non-voting member of the governing board.

Note The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non-voting members of governing boards.

The chief executive officer of the authority must not be appointed for a term of longer than 5 years.

The Minister must not appoint a deputy chair for the governing board.

Note 1 This section ensures that a deputy chair cannot be appointed for the governing board under the Financial Management Act 1996, s 79 (1).

Note 2 The Minister may appoint an acting chair (see Legislation Act, s 209).

The governing board may make arrangements with the council, or anyone else, for the provision of—

(a) administrative or secretarial services to the authority (including the governing board); or

(b) the administration of the fund in accordance with the directions of the governing board.

board

authority

(1) This section applies if—

(a) training levy has been paid for work before it starts; and

(b) the work does not start.

(2) The authority must refund to the project owner the amount paid within 1 month after the day the authority receives a written request for the refund from the project owner.

board

authority

authority means the Building and Construction Industry Training Fund Authority.

chair means the chair of the governing board.

Note The chair must be appointed under the Financial Management Act 1996, s 79.

governing board means the governing board of the authority.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The governance of territory authorities, including the institute, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers.

The Canberra Institute of Technology is established.

Note The Legislation Act, dict, pt 1, defines establish as including continue in existence.

(a) to conduct, mainly in the ACT, an educational institution to foster excellence in study in the fields of technical and further education that the director, with the Minister’s written approval, decides or the Minister requires; and

(g) to consult and cooperate with other entities in relation to the provision of technical and further education; and

(2) A decision of the director, or a requirement of the Minister, under subsection (1) (a) must be in writing.

(1) The Minister may, in writing, give a direction to the director in relation to the exercise of the institute’s functions.

(2) The institute must comply with any direction of the Minister.

The institute has the following powers:

(a) erecting buildings and structures and carrying out works;

(b) occupying, using and controlling any land or building owned or leased (whether from the Territory or anyone else) and made available to the institute;

(c) making available, by lease or otherwise, any land or building to anyone else;

(d) accepting gifts, grants, devises and bequests, whether on trust or otherwise, and acting as trustee of property vested in it on trust;

(e) providing scholarships and other similar benefits;

(f) charging for work done and services provided;

(g) providing consultative services;

(h) investing in shares in, or debentures or other securities of, a company;

(i) providing services, facilities or resources to—

(i) any company in which it holds shares; or

(ii) a member of any partnership it has entered into; or

(iii) a member of any joint venture it participates in;

(j) acting as an agent for other people;

(k) getting commercial sponsorship;

(l) establishing and conducting residential facilities for its staff or students either by itself or in association with other entities;

(m) establishing and maintaining library, museum, art and other collections either by itself or in association with other entities.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(1) The Minister must appoint a person as the Director of the institute.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2) The director must not be appointed for a term of longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(3) The conditions of appointment of the director are the conditions agreed between the director and the Minister, subject to any determination under the Remuneration Tribunal Act 1995.

The Minister may end the director’s appointment—

(a) if the director contravenes a territory law; or

(b) for misbehaviour; or

(c) if the director becomes bankrupt or executes a personal insolvency agreement; or

(d) if the director is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(e) if the director is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(f) if the director exercises the director’s functions other than in accordance with section 16 (Honesty, care and diligence of director); or

(g) if the director fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the director’s functions; or

(h) if the director contravenes section 18 (Disclosure of interests by director); or

(i) for physical or mental incapacity, if the incapacity substantially affects the exercise of the director’s functions.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

In exercising the functions of director, the director must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

The director must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the director’s functions.

(1) If the director has a material interest in an issue being considered, or about to be considered, by the director, the director must disclose the nature of the interest to the Minister as soon as practicable after the relevant facts come to the director’s knowledge.

Note Material interest is defined in s (2). The definition of indirect interest in s (2) applies to the definition of material interest.

(2) In this section:

associate, of the director, means—

(a) the director’s business partner; or

(b) a close friend of the director; or

(c) a family member of the director.

executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

indirect interest—without limiting the kinds of indirect interests the director may have, the director has an indirect interest in an issue if any of the following has an interest in the issue:

(a) an associate of the director;

(b) a corporation if the corporation has not more than 100 members and the director, or an associate of the director, is a member of the corporation;

(c) a subsidiary of a corporation mentioned in paragraph (b);

(d) a corporation if the director, or an associate of the director, is an executive officer of the corporation;

(e) the trustee of a trust if the director, or an associate of the director, is a beneficiary of the trust;

(f) a member of a firm or partnership if the director, or an associate of the director, is a member of the firm or partnership;

(g) someone else carrying on a business if the director, or an associate of the director, has a direct or indirect right to participate in the profits of the business.

material interest—the director has a material interest in an issue if the director has—

(a) a direct or indirect financial interest in the issue; or

(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the director’s functions in relation to the Minister’s consideration of the issue.

(1) In exercising the director’s functions, the director has power to make administrative arrangements or give directions to a member of staff or a student in relation to the following:

(a) the management, good government and discipline of the institute;

(b) the custody and use of the institute’s seal;

(c) the admission of people to courses of study or instruction of the institute or to examinations of the institute;

(d) the awards (including honorary awards) that may be conferred by the institute and the requirements for their conferral;

(e) the granting by the institute of scholarships, bursaries and prizes;

(f) the review of progress of students;

(g) the provision of loans to any student;

(h) the provision and management of, and fees or other charges payable for, the use of amenities and services;

(i) the association or affiliation with the institute of any other entity.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(1) The director is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under a territory law; or

(b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

(2) Any liability that would, apart from this section, attach to the director attaches instead to the Territory.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(1) The Minister may end a member’s appointment—

(a) if the member contravenes a territory law; or

(b) for misbehaviour; or

(c) if the member becomes bankrupt or executes a personal insolvency agreement; or

(d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(f) if the member exercises the member’s functions other than in accordance with section 34 (Honesty, care and diligence of council members); or

(g) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

(h) if the member contravenes section 37 (Disclosure of interests by council members); or

(i) if the member is absent from 3 consecutive meetings of the council, otherwise than on approved leave; or

(j) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

(2) The Minister may also end the appointment of the member (the member concerned) if the council tells the Minister in writing that it has resolved, by a majority of at least ²/3 of the members, to recommend to the Minister that the member’s appointment be ended.

(3) The council may pass a resolution mentioned in subsection (2) only if—

(a) at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and

(b) the member concerned has been given an opportunity to make submissions and present documents to a meeting of the council; and

(c) if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the council and a copy of any documents presented is included in the minutes.

In exercising the functions of a council member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

A council member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.

The agenda for each meeting of the council must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

(1) If a council member has a material interest in an issue being considered, or about to be considered, by the council, the member must disclose the nature of the interest at a council meeting as soon as practicable after the relevant facts come to the member’s knowledge.

Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

(2) The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the member must not—

(a) be present when the council considers the issue; or

(b) take part in a decision of the council on the issue.

Derek, Ellen and Frank are members of the council. They have an interest in an issue being considered at a council meeting and they disclose the interest as soon as they become aware of it. Derek’s and Ellen’s interests are minor but Frank has a direct financial interest in the issue.

The council considers the disclosures and decides that because of the nature of the interests:

• Derek may be present when the council considers the issue but not take part in the decision

• Ellen may be present for the consideration and take part in the decision.

The council does not make a decision allowing Frank to be present or take part in the council’s decision. Accordingly, since Frank has a material interest he cannot be present for the consideration of the issue or take part in the decision.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) Any other council member who also has a material interest in the issue must not be present when the council is considering its decision under subsection (2).

(4) In this section:

associate, of a person, means—

(a) the person’s business partner; or

(b) a close friend of the person; or

(c) a family member of the person.

executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

(a) an associate of the person;

(b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

(c) a subsidiary of a corporation mentioned in paragraph (b);

(d) a corporation if the person, or an associate of the person, is an executive officer of the corporation;

(e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;

(f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;

(g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a council member has a material interest in an issue if the member has—

(a) a direct or indirect financial interest in the issue; or

(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the council’s consideration of the issue.

(1) Within 3 months after the day a material interest is disclosed under section 43 (1), the chairperson of the council must report to the Minister in writing about—

(a) the disclosure; and

(b) the nature of the interest disclosed; and

(c) any decision by the council under section 43 (2).

(2) The chairperson must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.

(3) The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 31 days after the day the Minister receives the statement.

(4) In this section:

relevant committee means—

(a) a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or

(b) if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.

(1) A council member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under a territory law; or

(b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

(2) Any liability that would, apart from this section, attach to a council member attaches instead to the institute.

(1) Meetings of the council are to be held when and where it decides.

(2) However, the council must meet—

(a) at least 6 times each year; and

(b) at least once every 3 months.

(3) The chairperson—

(a) may at any time call a meeting of the council; and

(b) must call a meeting if asked by the Minister or at least 2 members.

(4) The chairperson must give the other members reasonable notice of the time and place of a meeting called by the chairperson.

(1) The chairperson presides at all meetings at which the chairperson is present.

(2) If the chairperson is absent and the council has a deputy chairperson, the deputy chairperson presides.

(3) If the chairperson and the deputy chairperson are absent or the chairperson is absent and there is no deputy chairperson, the member chosen by the members present presides.

Business may be carried on at a meeting of the council only if at least ¹/2 the number of members appointed are present.

(1) At a meeting of the council each member has a vote on each question to be decided.

(2) A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a deciding vote.

(1) The council may conduct its proceedings (including its meetings) as it considers appropriate.

(2) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a council member taking part to hear what each other member taking part says without the members being in each other’s presence.

a phone link, a satellite link

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) A council member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.

(4) A resolution is a valid resolution of the council, even if it is not passed at a meeting of the board, if all members agree to the proposed resolution in writing or by electronic communication.

email

(5) The council must keep minutes of its meetings.

The institute staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(1) The institute may engage consultants.

(2) Consultants are to be engaged on terms decided by the institute.

(3) However, this section does not give the institute a power to enter into a contract of employment.

(1) The institute must pay trust money into a banking account kept under the Financial Management Act 1996, section 57.

The director may delegate the director’s functions to someone else.

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

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• calendar year

• corporation

• entity

• establish

• exercise.

director means the director of the institute.

The Canberra Institute of Technology Regulation 1994 SL1994-15 is repealed.

The governance of territory authorities, including the cemeteries authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The Australian Capital Territory Public Cemeteries Authority (the cemeteries authority) is established.

Note If a law changes a name of an entity (like the Australian Capital Territory Public Cemeteries Board), the entity continues in existence under the new name (the Australian Capital Territory Public Cemeteries Authority) and its identity is not affected by the change (see Legislation Act, s 183).

(1) The functions of the cemeteries authority are to effectively and efficiently manage public cemeteries and crematoria for which the authority has been appointed in writing as the operator by the Minister.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(2) An appointment under subsection (1) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

The cemeteries authority has a governing board.

(1) The governing board has at least 4, and not more than 12, members.

Note 1 The chairperson and deputy chairperson of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

(2) The governing board must include at least 4 members who, in the Minister’s opinion, represent the general community and religious denominations.

board

cemeteries authority

board

cemeteries authority

board’s power

power of the cemeteries authority

cemeteries authority means the Australian Capital Territory Public Cemeteries Authority.

governing board means the governing board of the cemeteries authority.

The governance of territory authorities, including the corporation, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The Cultural Facilities Corporation is established.

Note The Legislation Act, dict, pt 1, defines establish as including continue in existence.

Note The corporation is also required to comply with applicable governmental policies (see Financial Management Act 1996, s 103).

The corporation has a governing board.

The governing board has 7 members.

Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

The chief executive officer of the corporation must be a public servant.

Note A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (3).

The corporation’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(1) The corporation may engage consultants.

(2) However, the corporation must not enter into a contract of employment under this section.

3A

4

governing board means the governing board of the corporation.

This Act is the Gambling and Racing Control Act 1999.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The governance of territory authorities, including the commission, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The ACT Gambling and Racing Commission (the commission) is established.

(c) to exercise any other function given to the commission under this Act or any other territory law.

Note A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196).

The commission has a governing board.

(1) The governing board has 5 members, of whom 1 must have knowledge, experience or qualifications related to providing counselling services to problem gamblers.

Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer of the authority is a member of the board (see Financial Management Act 1996, s 80 (4)).

(2) A person is not eligible to be a member if—

(a) the person or the person’s domestic partner has an interest in a business subject to a gaming law; or

(b) the person would be unlikely to be able to properly exercise the functions of a member because of the person’s business association, financial association or close personal association with someone else; or

(c) the person has been convicted or found guilty of an offence against a gaming law or a corresponding law; or

(d) within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence in Australia punishable by imprisonment for at least 1 year; or

(e) within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence outside Australia that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.

(3) In this section:

corresponding law means a law of another jurisdiction, whether in or outside Australia, that regulates gaming or racing.

The chief executive officer of the commission must be a public servant.

Note A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (2) and (3).

The commission’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(1) The commission may engage consultants and contractors.

(2) However, the commission must not enter into a contract of employment under this section.

(1) The members of the governing board are authorised officers.

(2) The chief executive officer may appoint a person to be an authorised officer.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(3) The chief executive may, in writing, recognise a person engaged in the administration or enforcement of a gaming law of a reciprocating jurisdiction as an authorised officer for this subsection.

(4) If the chief executive recognises a person for subsection (3), the person is an authorised officer for the period and purpose stated in the recognition of the person.

(5) A gaming officer to whom the chief executive officer delegates functions under division 4.2 is an authorised officer.

chief executive

chief executive officer

(1) This section applies to an authorised officer who is not a member of the governing board.

Note Members of governing boards are protected from liability under the Financial Management Act 1996, s 90.

(2) The authorised officer is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) for the purpose of administering or enforcing a territory gaming law; or

(b) for the purpose of administering or enforcing a gaming law of a reciprocating jurisdiction under division 4.3; or

(c) in the reasonable belief that the act or omission was for a purpose mentioned in paragraph (a) or (b).

(3) Any liability that would, apart from this section, attach to the authorised officer attaches instead to the commission.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

• ACT

• exercise

• function

• under.

authorised officer means a person who is an authorised officer under section 20.

casino means the casino under the Casino Control Act 1988.

chief executive officer means the chief executive officer of the commission.

commission means the Gambling and Racing Commission.

gaming officer means—

(a) a member of the governing board; or

(b) any other authorised officer; or

(c) anyone else engaged (whether as an officer or employee or otherwise) in the administration or enforcement of a gaming law.

governing board means the governing board of the commission.

An Act to establish an authority for the promotion of health, and for other purposes

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The governance of territory authorities, including the health promotion authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The ACT Health Promotion Authority (the health promotion authority) is established.

Note If a law changes a name of an entity (like the ACT Health Promotion Board), the entity continues in existence under the new name (the ACT Health Promotion Authority) and its identity is not affected by the change (see Legislation Act, s 183).

(1) The health promotion authority has the following functions:

(a) funding activities related to the promotion of good health, safety and the prevention or early detection of disease;

(b) promoting good health in the community through the sponsorship of sports, recreation and arts activities, and cultural activities generally;

(c) encouraging healthy lifestyles and supporting activities involving participation in healthy pursuits;

(d) promoting, through self-supporting activities, the community’s capacity to support its own good health;

(e) promoting good health through collaboration between different sectors of the community;

(f) exercising a function given to the authority under this Act or any other territory law;

(g) funding research and development activities in support of the authority’s functions under paragraphs (a) to (f).

Note A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196).

(2) In exercising its functions, the health promotion authority may do any of the following:

(a) make grants;

(b) produce and market goods and services.

(3) Subsection (2) does not limit the way in which the health promotion authority may exercise its functions.

The health promotion authority may delegate a function to a member of the governing board or a public servant.

Note 1 The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

Note 2 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

(1) The Minister may give the health promotion authority written directions in relation to the exercise of its functions.

(2) Before giving a direction the Minister must—

(a) tell the governing board about the effect of the proposed direction; and

(b) give the board a reasonable opportunity to comment on the proposed direction; and

(c) consider any comments made by the board.

(3) The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.

(4) On receiving a direction under this section, the health promotion authority must comply with it.

The health promotion authority has a governing board.

(1) The governing board has 10 members.

(2) The members must include the chief health officer and the following members:

(a) a member with expertise in business or accountancy;

(b) a member with expertise in media or communications;

(c) a member with expertise in employee relations or occupational health and safety;

(d) a member with expertise in community health;

(e) a member with expertise in environmental health;

(f) a member with expertise in sport or recreation;

(g) a member with expertise in the arts or culture generally.

Note 1 A chair and deputy chair must be appointed to the governing board under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer of the health promotion authority is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

(1) In exercising its functions, the governing board may do the following:

(a) appoint funding committees, chaired by members of the governing board, to give advice to the governing board about applications for funding;

(b) appoint other committees and working groups to assist the governing board.

Note The governing board also has functions under the Financial Management Act 1996.

(2) Subsection (1) does not limit the way in which the governing board may exercise its functions.

The health promotion authority staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(1) The health promotion authority may engage consultants for this Act.

(2) However, the health promotion authority must not enter into a contract of employment under this section.

A committee or working group may decide its own procedures, unless the governing board directs otherwise.

(1) The governance provisions apply to a committee member as if—

(a) a reference to a governing board member were a reference to a committee member; and

(b) a reference to the governing board were a reference to the committee; and

(c) a reference to a governing board meeting were a reference to a committee meeting; and

(d) any other necessary changes, and any changes prescribed by regulation, were made.

(2) In this section:

committee means a committee or working group appointed by the governing board.

governance provisions means the following provisions of the Financial Management Act 1996:

(a) section 85 (which is about honesty, care and diligence);

(b) section 86 (which is about avoiding conflict of interest);

(c) section 87 (which requires the agenda for a meeting to include an item about declaring a conflict of interest);

(d) section 88 (which is about disclosure of interests).

(1) The Financial Management Act 1996, section 90 (Protection of governing board members from liability) applies to a relevant person as if—

(a) a reference to a governing board member were a reference to a relevant person; and

(b) any other necessary changes were made.

(2) In this section:

committee means a committee or working group appointed by the governing board.

relevant person means—

(a) a member of a committee; or

(b) a member of the staff of the health promotion authority; or

(c) a consultant engaged by the health promotion authority.

board

health promotion authority

(1) The income of the health promotion authority must be applied in the exercise of the authority’s functions.

(2) Without limiting subsection (1), the income of the health promotion authority must be applied towards payment of the following administrative costs:

(a) the remuneration and allowances of governing board members, together with any associated administrative costs;

(b) payments to the Territory of amounts equal to the salary and wages of the staff of the authority, together with any associated administrative costs;

(c) payments to consultants engaged by the authority;