AUSTRALIAN CAPITAL TERRITORY

Statutory Appointments Act 1994
No. 32 of 1994
	
An Act to provide for consultation with Assembly Committees in relation to statutory appointments
	[Notified in ACT Gazette S114: 28 June 1994]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Statutory Appointments Act 1994.
Commencement
2.  This Act commences on the day on which it is notified in the Gazette.
Interpretation
3.  In this Act, unless the contrary intention appears—
“statutory office” means an office or position (whether as a member of a Territory authority or otherwise) established by or under an Act.
Consultation regarding appointments
4.  (1)  Where, by or under any Act, a Minister has power to appoint a person to a statutory office, the Minister shall—
	(a)	before making such an appointment, consult with—
	(i)	a standing committee of the Legislative Assembly nominated by the Speaker of the Legislative Assembly for the purpose; or
	(ii)	if no committee has been so nominated—the Public Accounts Committee of the Legislative Assembly; and
	(b)	in making such an appointment, have regard to any recommendation made by that committee following that consultation.
(2)  Subsection (1) applies in relation to the appointment of a person under Division 1 of Part II of the Audit Act 1989 to be the Auditor-General for the Territory or to act as Auditor-General for the Territory as if the power to make that appointment were vested in a Minister, and in that application the reference in that subsection to the Minister shall be read as a reference to the Executive.
Disallowable instrument
5.  An instrument by which an appointment referred to in section 4 is made is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
Exemptions
6.  Sections 4 and 5 do not apply in relation to—
	(a)	an appointment of a public servant to a statutory office (whether or not the Act by or under which the appointment is made requires that the appointee be a public servant);
	(b)	an appointment of a person to act in a statutory office for a period not exceeding 6 months, not being an appointment of the person to act in the office for a second or subsequent consecutive period; or
	(c)	an appointment of a person to a statutory office the only function of which is to advise the appointing Minister.
[Presentation speech made in Assembly on 23 February 1994]
©  Australian Capital Territory 1994