Australian Capital Territory
Financial Management (Board Composition) Amendment Act 2009
A2009-48
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Appointment of governing board members generally
New section 78 (4A) and (4B)	2
	5	Section 78 (6), new note	3
	6	Appointment of chair and deputy chair
New section 79 (2A)	3
	7	Repeal of Exhibition Park Corporation (Governing Board) Appointment 2009 (No 3)	3

Australian Capital Territory
Financial Management (Board Composition) Amendment Act 2009
A2009-48

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

    

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

1	Name of Act
This Act is the Financial Management (Board Composition) Amendment Act 2009.
2	Commencement
This Act commences on 1 January 2010.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Financial Management Act 1996.
4	Appointment of governing board members generally
New section 78 (4A) and (4B)
insert
	(4A)	Also, unless the establishing Act otherwise provides, a person must not be appointed as a member if—
	(a)	the person is a public servant; and
	(b)	if the governing board has a maximum of 6 members or less—the appointment would result in more than 1 public servant being a member of the board; and
	(c)	if the governing board has a maximum of more than 6 members—the appointment would result in more than 2 public servants being members of the board.
	(4B)	Subsection (4A) does not apply if—
	(a)	the Minister is satisfied that there are special circumstances justifying the appointment; and
	(b)	the Legislative Assembly approves, by resolution, the appointment.
5	Section 78 (6), new note
insert
Note	The terms public servant and statutory office holder are defined in the Legislation Act, dict, pt 1. 
6	Appointment of chair and deputy chair
New section 79 (2A)
insert
	(2A)	Also, the responsible Minister must not appoint a public servant as chair or deputy chair unless—
	(a)	there is no member of the board who—
	(i)	is not a public servant; and
	(ii)	is available to be appointed; and
	(b)	the Legislative Assembly approves, by resolution, the appointment.
7	Repeal of Exhibition Park Corporation (Governing Board) Appointment 2009 (No 3)
The appointments made under the Exhibition Park Corporation (Governing Board) Appointment 2009 (No 3) (NI2009-519) are revoked and the instrument is repealed.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 19 August 2009.
2	Notification
	Notified under the Legislation Act on 25 November 2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

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

Clerk of the Legislative Assembly

© Australian Capital Territory 2009