AUSTRALIAN CAPITAL TERRITORY

statutory appointments act 1994
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 December 1997
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	3A.	Application
	4.	Consultation regarding appointments
	5.	Disallowable instrument
	6.	Exemptions

An Act to provide for consultation with Assembly Committees in relation to statutory appointments
Short title
1.  This Act may be cited as the Statutory Appointments Act 1994.1
Commencement
2.  This Act commences on the day on which it is notified in the Gazette.1
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.
Application
3A.  This Act does not apply, and shall be taken never to have applied, to an appointment under subsection 3 (1) of the Justices of the Peace Act 1989 which was made prior to the commencement of the Statutory Appointments (Amendment) Act 1997.
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; 
	(ab)	not make such an appointment until—
	(i)	a recommendation made by that committee has been received; or
	(ii)	30 days have elapsed since the consultation took place;
whichever first occurs; and
	(b)	in making such an appointment, have regard to any such recommendation.
(2)  Subsection (1) applies in relation to the appointment of a person under the Auditor-General Act 1996 to be the Auditor-General or to act as the Auditor-General as if the power to make that appointment were vested in a Minister, and in that application the reference in that subsection to the Minister shall be read as a reference to the Executive.
Disallowable instrument
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.

NOTES
1.	The Statutory Appointments Act 1994  as shown in this reprint comprises Act No. 32, 1994 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statutory Appointments Act 1994	32, 1994	28 June 1994	28 June 1994		
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	26, 1996	1 July 1996	1 July 1996	—	
Statutory Appointments (Amendment) Act 1996	52, 1996	8 Oct 1996	8 Oct 1996	—	
Statutory Appointments (Amendment) Act 1997 
	72, 1997	25 Nov 1997	25 Nov 1997	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3A	ad. No. 72, 1997
S. 4	am. Nos. 26 and 52, 1996