Australian Capital Territory
Annual Reports (Government Agencies) Amendment Act 2015
A2015-16
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Sections 5 to 9	2
	5	Responsible Minister to present annual report
Section 13 (1) and (2)	5
	6	Section 13 (4)	6
	7	Section 13 (4) (a) and (c) (i)	6
	8	Section 13 (6), new definition of pre-election period	6
	9	Extension of time for presenting annual reports
Section 14 (2)	6
	10	Section 14 (6)	7
	11	Section 14 (7)	7
	12	Section 14 (8)	7
	13	Presentation of annual reports of Office of the Legislative Assembly and officers of the Assembly
Section 15 (2)	7
	14	Section 15 (3)	8
	15	Section 15 (3) (a) and (c) (i)	8
	16	New section 15 (6)	8
	17	Declaration of public authority
Section 16 (1) and (2)	9
	18	Combined reports
Section 17 (1) (a)	9
	19	Dictionary, note 2	9
	20	Dictionary, definition of financial year	9
	21	Dictionary, definition of public authority,
new paragraph (aa)	10
	22	Dictionary, definition of public authority, paragraph (c)	10
	23	Dictionary, new definition of reporting year	10
	24	Dictionary, definition of Territory instrumentality	10
Schedule 1	Consequential amendments	11
Part 1.1	ACT Civil and Administrative Tribunal Act 2008	11
Part 1.2	ACT Teacher Quality Institute Act 2010	11
Part 1.3	Board of Senior Secondary Studies Act 1997	11
Part 1.4	Climate Change and Greenhouse Gas Reduction Act 2010	11
Part 1.5	Cultural Facilities Corporation Act 1997	12
Part 1.6	Dangerous Substances Act 2004	12
Part 1.7	Director of Public Prosecutions Act 1990	12
Part 1.8	Education Act 2004	12
Part 1.9	Emergencies Act 2004	13
Part 1.10	Environment Protection Act 1997	13
Part 1.11	Freedom of Information Act 1989	13
Part 1.12	Gambling and Racing Control Act 1999	13
Part 1.13	Gaming Machine Act 2004	14
Part 1.14	Government Procurement Act 2001	14
Part 1.15	Law Officers Act 2011	14
Part 1.16	Medicines, Poisons and Therapeutic Goods Act 2008	14
Part 1.17	Mental Health (Treatment and Care) Act 1994	15
Part 1.18	Nature Conservation Act 1980	15
Part 1.19	Planning and Development Act 2007	15
Part 1.20	Public Interest Disclosure Act 2012	15
Part 1.21	Road Transport (Third-Party Insurance) Act 2008	15
Part 1.22	Tobacco Act 1927	16
Part 1.23	Victims of Crime (Financial Assistance) Act 1983	16
Part 1.24	Waste Minimisation Act 2001	16

Australian Capital Territory
Annual Reports (Government Agencies) Amendment Act 2015
A2015-16

An Act to amend the Annual Reports (Government Agencies) Act 2004, and for other purposes

    

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

1	Name of Act
This Act is the Annual Reports (Government Agencies) Amendment Act 2015.
2	Commencement
This Act commences on the 7th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Annual Reports (Government Agencies) Act 2004.
Note	This Act also amends other legislation (see sch 1).
4	Sections 5 to 9
substitute
5	Annual report of director‑general
	(1)	The director‑general of an administrative unit must, for a reporting year, prepare a report about the operation of the administrative unit in the reporting year (a director‑general annual report).
	(2)	The report must include a statement describing the measures taken by the administrative unit during the reporting year to respect, protect and promote human rights.
6	Annual report of public authority
	(1)	A public authority must, for a reporting year, prepare a report about the operation of the authority in the reporting year (a public authority annual report).
	(2)	The report of the following public authorities must include an account of the management of the entity’s office during the reporting year:
	(a)	the Office of the Legislative Assembly; 
	(b)	an officer of the Assembly.
Note	The auditor-general is a public authority (see dict, def public authority).  However, the auditor-general is not required to comply with this Act in certain circumstances (see Auditor-General Act 1996, s 7A).
7	Annual report of commissioner for public administration
	(1)	The commissioner for public administration must, for a reporting year, prepare a report about the operation of the public service in the reporting year (a state of the service report).
	(2)	The report must include an account of the management of the public service as a whole in the reporting year.
8	Annual report direction
	(1)	The Minister must make a direction about annual reports (an annual report direction).
Note	Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).
	(2)	An annual report, other than an annual report of the following entities, must comply with the annual report direction:
	(a)	the Office of the Legislative Assembly; 
	(b)	an officer of the Assembly.
	(3)	The annual report direction may require the following:
	(a)	an annual report to include stated information; 
	(b)	an annual report to be in a stated form or published in a stated place;
	(c)	all or part of an annual report to be included in another annual report (as an attachment or otherwise);  
	(d)	an annual report or part of an annual report to be prepared for a stated period; 
	(e)	a director‑general annual report to include stated matters if a public authority does not comply with section 6 (Annual report of public authority) or the annual report direction;
	(f)	an annual report to be given by a stated person or stated public authority to the responsible Minister by a stated day; 
	(g)	for a public authority annual report—the report to include a statement describing the measures taken by the public authority during the reporting year to respect, protect and promote human rights.
	(4)	An annual report direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The Minister must present a copy of an annual report direction to the Legislative Assembly within 6 sitting days after the day it is notified under the Legislation Act.
9	Consultation about annual report direction
	(1)	Before making an annual report direction under section 8, the Minister must—
	(a)	give the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts (the committee) a copy of the proposed annual report direction; and
	(b)	ask the committee, in writing, for any recommendation about the proposed annual report direction; and
	(c)	consider any recommendation made, in writing, by the committee.
	(2)	The Minister must not make the annual report direction until the earlier of—
	(a)	the committee giving the Minister any recommendation; or
	(b)	30 days after asking the committee for a recommendation.
5	Responsible Minister to present annual report
Section 13 (1) and (2)
substitute
	(1)	The responsible Minister for an annual report must present the report to the Legislative Assembly—
	(a)	within 15 weeks after the end of the reporting year (the 15‑week period), and on the day (if any) declared under subsection (2); or
	(b)	if the 15-week period coincides with all or part of the pre‑election period for a general election of members of the Assembly—on the 2nd sitting day after the election is held. 
	(2)	The Chief Minister may declare that an annual report to which subsection (1) (a) applies must be presented to the Legislative Assembly on a stated day that is within the 15-week period.
6	Section 13 (4)
omit
If an annual report has not been presented to the Legislative Assembly before the last 7 days of the 3-month period for the report,
substitute
If an annual report to which subsection (1) (a) applies has not been presented to the Legislative Assembly before the last 7 days of the 15-week period, 
7	Section 13 (4) (a) and (c) (i)
omit
3-month period
substitute
15-week period
8	Section 13 (6), new definition of pre-election period
insert
pre-election period—see the Electoral Act 1992, dictionary. 
9	Extension of time for presenting annual reports
Section 14 (2)
substitute
	(2)	An application for an extension must be made before the end of the period in which, or day when, the report is required under section 13 to be presented to the Legislative Assembly or given to the Speaker.
10	Section 14 (6)
omit
3-month period
substitute
15-week period
11	Section 14 (7)
substitute
	(7)	The statement mentioned in subsection (3) must be presented to the Legislative Assembly before the end of the period in which, or day when, the report is required under section 13 to be presented to the Legislative Assembly or given to the Speaker.
12	Section 14 (8)
omit
13	Presentation of annual reports of Office of the Legislative Assembly and officers of the Assembly
Section 15 (2)
substitute
	(2)	The Speaker must present the report to the Legislative Assembly—
	(a)	within 15 weeks after the end of the reporting year; or
	(b)	if the 15-week period coincides with all or part of the pre‑election period for a general election of members of the Assembly—on the 2nd sitting day after the election is held.
14	Section 15 (3)
omit
However, if the report has not been presented to the Legislative Assembly before the last 7 days of the 3-month period for the report, 
substitute
If an annual report to which subsection (1) (a) applies has not been presented to the Legislative Assembly before the last 7 days of the 15-week period,
15	Section 15 (3) (a) and (c) (i)
omit
3-month period
substitute
15-week period
16	New section 15 (6)
insert
	(6)	In this section:
pre-election period—see the Electoral Act 1992, dictionary. 
17	Declaration of public authority
Section 16 (1) and (2)
substitute
	(1)	The Minister may declare that a statutory office-holder is a public authority for this Act.
	(2)	The Minister may declare that a body established under an Act is a public authority for this Act.
Note	Body includes any group of people joined together for a common purpose, whether or not incorporated (see Legislation Act, dict, pt 1).
18	Combined reports
Section 17 (1) (a)
omit
financial year
substitute
reporting year
19	Dictionary, note 2
insert
·	body
·	financial year
·	territory instrumentality
20	Dictionary, definition of financial year
omit
21	Dictionary, definition of public authority,
new paragraph (aa)
insert
	(aa)	a territory-owned corporation; or
22	Dictionary, definition of public authority, paragraph (c)
omit
an entity
substitute
a body
23	Dictionary, new definition of reporting year
insert
reporting year—
	(a)	means—
	(i)	a financial year; or 
	(ii)	if a period is stated in an annual report direction under section 8 (3) (d) (Annual report direction)—the stated period; but
	(b)	if an administrative unit or public authority did not operate for all of the period mentioned in paragraph (a)—does not include the period during which the administrative unit or public authority did not operate.
24	Dictionary, definition of Territory instrumentality
omit

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	ACT Civil and Administrative Tribunal Act 2008
[1.1]	Section 22P (4) and (6)
omit
Part 1.2	ACT Teacher Quality Institute Act 2010
[1.2]	Section 26
omit
Part 1.3	Board of Senior Secondary Studies Act 1997
[1.3]	Section 7 (4) and note
omit
Part 1.4	Climate Change and Greenhouse Gas Reduction Act 2010
[1.4]	Section 25
omit
Part 1.5	Cultural Facilities Corporation Act 1997
[1.5]	Section 16
omit
Part 1.6	Dangerous Substances Act 2004
[1.6]	Section 200 (3)
omit
[1.7]	Section 200 (4), definition of annual report
omit
Part 1.7	Director of Public Prosecutions Act 1990
[1.8]	Section 12 (4) (b) and note
omit
Part 1.8	Education Act 2004
[1.9]	Section 22 (3)
omit
[1.10]	Section 39 (3)
omit
Part 1.9	Emergencies Act 2004
[1.11]	Section 70, definition of annual report
omit
[1.12]	Section 85
omit
[1.13]	Dictionary, definition of annual report
omit
Part 1.10	Environment Protection Act 1997
[1.14]	Section 158A
omit
Part 1.11	Freedom of Information Act 1989
[1.15]	Section 7 (2) 
omit
Part 1.12	Gambling and Racing Control Act 1999
[1.16]	Sections 6 (5), 8 (2) and 31 (3)
omit
Part 1.13	Gaming Machine Act 2004
[1.17]	Section 163C
omit
Part 1.14	Government Procurement Act 2001
[1.18]	Section 48
omit
Part 1.15	Law Officers Act 2011
[1.19]	Section 15 (3)
omit
Part 1.16	Medicines, Poisons and Therapeutic Goods Act 2008
[1.20]	Section 177 (3)
omit
[1.21]	Section 177 (4), definition of annual report
omit
Part 1.17	Mental Health (Treatment and Care) Act 1994
[1.22]	Sections 120 and 120E
omit
Part 1.18	Nature Conservation Act 1980
[1.23]	Section 15 (3) and note
omit
Part 1.19	Planning and Development Act 2007
[1.24]	Sections 19 and 40
omit
Part 1.20	Public Interest Disclosure Act 2012
[1.25]	Section 45
omit
Part 1.21	Road Transport (Third-Party Insurance) Act 2008
[1.26]	Section 46A
omit
Part 1.22	Tobacco Act 1927
[1.27]	Section 42H
omit
Part 1.23	Victims of Crime (Financial Assistance) Act 1983
[1.28]	Section 71
omit
Part 1.24	Waste Minimisation Act 2001
[1.29]	Section 19
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 November 2014.
2	Notification
	Notified under the Legislation Act on 27 May 2015.
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 Annual Reports (Government Agencies) Amendment Bill 2015, which originated in the Legislative Assembly as the Annual Reports (Government Agencies) Amendment Bill 2014 and was passed by the Assembly on 14 May 2015. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2015