Australian Capital Territory
Legislative Assembly Legislation Amendment Act 2017
A2017-41
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Auditor-General Act 1996
	4	Officer of the Legislative Assembly
Section 6A (2)	3
	5	Section 6A (2), new note	3
	6	Section 6A (4)	3
	7	Appointment
Section 8 (2) (a)	3
	8	Section 8 (3)	4
	9	New section 8AA	4
	10	New section 37B	4
Part 3	Electoral Act 1992
	11	Officer of the Legislative Assembly
Section 6A (2)	5
	12	Section 6A (2), new note	5
	13	Section 6A (4)	5
	14	Appointment
Section 12 (2) (a)	5
	15	Section 12 (3)	6
	16	New section 339	6
Part 4	Financial Management Act 1996
	17	Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly
New section 4 (4)	7
Part 5	Legislative Assembly (Office of the Legislative Assembly) Act 2012
	18	Appointment of Clerk of the Legislative Assembly
Section 9 (2) (a)	8
	19	Section 9 (3)	8
	20	New section 19A	8
Part 6	Legislative Assembly Precincts Act 2001
	21	Assembly precincts
Section 5 (2) (c)	9
	22	Section 5 (3), definition of members’ entrance canopy	9
	23	Licences
New section 7A (3A)	9
	24	Removal of people
Section 9 (5)	9
Part 7	Ombudsman Act 1989
	25	Officer of the Legislative Assembly
Section 4A (2)	11
	26	Section 4A (2), new note	11
	27	Section 4A (4)	11
	28	Appointment
Section 22 (4) (a)	11
	29	Section 22 (5)	12
	30	New section 37A	12

Australian Capital Territory
Legislative Assembly Legislation Amendment Act 2017
A2017-41

An Act to amend legislation in relation to the Legislative Assembly and officers of the Legislative Assembly

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Legislative Assembly Legislation Amendment Act 2017.
2	Commencement
This Act commences on the 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 following legislation:
·	Auditor-General Act 1996
·	Electoral Act 1992
·	Financial Management Act 1996
·	Legislative Assembly (Office of the Legislative Assembly) Act 2012
·	Legislative Assembly Precincts Act 2001 
·	Ombudsman Act 1989.

Part 2	Auditor-General Act 1996
4	Officer of the Legislative Assembly
Section 6A (2)
omit
other territory laws
substitute
any other law in force in the ACT
5	Section 6A (2), new note
insert
Note	A law in force in the ACT includes a territory law and a Commonwealth law.
6	Section 6A (4)
omit
other territory laws
substitute
any other law in force in the ACT
7	Appointment
Section 8 (2) (a)
omit
8	Section 8 (3)
substitute
	(3)	The Speaker must not appoint a person as auditor-general unless—
	(a)	the Speaker is satisfied that the person has extensive knowledge of, and experience in—
	(i)	governance and risk management; or
	(ii)	public administration; and
	(b)	the public accounts committee agrees to the person’s appointment.
9	New section 8AA
before section 8A, insert
8AA	Term of appointment
	(1)	The auditor-general is to be appointed for 7 years.
	(2)	A person who has been appointed auditor-general is not eligible for reappointment.
10	New section 37B
insert
37B	Assistance for Speaker
In exercising a function under this Act, the Speaker may seek administrative support or advice from—
	(a)	the Office of the Legislative Assembly; or
	(b)	another entity that is able to provide impartial administrative support or advice.

Part 3	Electoral Act 1992
11	Officer of the Legislative Assembly
Section 6A (2)
omit
other territory laws
substitute
any other law in force in the ACT
12	Section 6A (2), new note
insert
Note	A law in force in the ACT includes a territory law and a Commonwealth law.
13	Section 6A (4)
omit
other territory laws
substitute
any other law in force in the ACT
14	Appointment
Section 12 (2) (a)
omit
15	Section 12 (3)
substitute
	(3)	The Speaker must not appoint a person as a member of the electoral commission unless—
	(a)	the Speaker is satisfied that the person has extensive knowledge of, and experience in—
	(i)	for the commissioner—
	(A)	electoral systems or management; or
	(B)	public administration; or
	(ii)	for a member other than the commissioner—
	(A)	an area mentioned in subparagraph (i); or
	(B)	another area that is relevant to and consistent with the functions of a member of the electoral commission; and
	(b)	the relevant Assembly committee agrees to the person’s appointment.
16	New section 339
insert
339	Assistance for Speaker
In exercising a function under this Act, the Speaker may seek administrative support or advice from—
	(a)	the Office of the Legislative Assembly; or
	(b)	another entity that is able to provide impartial administrative support or advice.

Part 4	Financial Management Act 1996
17	Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly
New section 4 (4)
insert
	(4)	Section 31 (2) (c) does not apply to—
	(a)	the Office of the Legislative Assembly; and
	(b)	an officer of the Assembly.

Part 5	Legislative Assembly (Office of the Legislative Assembly) Act 2012
18	Appointment of Clerk of the Legislative Assembly
Section 9 (2) (a)
omit
19	Section 9 (3)
substitute
	(3)	The Speaker must not appoint a person as clerk unless—
	(a)	the Speaker is satisfied that the person has extensive knowledge of, and experience in, relevant parliamentary law, practice and procedure; and
	(b)	the administration and procedure committee agrees to the person’s appointment.
20	New section 19A
in part 4, insert
19A	Assistance for Speaker
		In exercising a power under this Act, the Speaker may seek administrative support or advice from an entity that is able to provide impartial administrative support or advice. 

Part 6	Legislative Assembly Precincts Act 2001
21	Assembly precincts
Section 5 (2) (c)
omit
22	Section 5 (3), definition of members’ entrance canopy
omit
23	Licences
New section 7A (3A)
insert
	(3A)	The Speaker may delegate the Speaker’s functions under this section to—
	(a)	the clerk of the Legislative Assembly; or
	(b)	a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification.
24	Removal of people
Section 9 (5)
substitute
	(5)	The Speaker may delegate the Speaker’s functions under this section to—
	(a)	the clerk of the Legislative Assembly; or
	(b)	a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification; or
	(c)	a member of staff of the Office of the Legislative Assembly who is responsible for the security of the Legislative Assembly. 
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 7	Ombudsman Act 1989
25	Officer of the Legislative Assembly
Section 4A (2)
omit
other territory laws
substitute
any other law in force in the ACT
26	Section 4A (2), new note
insert
Note	A law in force in the ACT includes a territory law and a Commonwealth law.
27	Section 4A (4)
omit
other territory laws
substitute
any other law in force in the ACT
28	Appointment
Section 22 (4) (a)
omit
29	Section 22 (5)
substitute
	(5)	The Speaker must not appoint a person as the ombudsman unless—
	(a)	the Speaker is satisfied that the person has extensive knowledge of, and experience in—
	(i)	public administration; or
	(ii)	dispute resolution; or
	(iii)	complaint handling; and
	(b)	the relevant Assembly committee agrees to the person’s appointment.
30	New section 37A
insert
37A	Assistance for Speaker
In exercising a power under this Act, the Speaker may seek administrative support or advice from—
	(a)	the Office of the Legislative Assembly; or
	(b)	an entity that is able to provide objective administrative support or advice.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 14 September 2017.
2	Notification
	Notified under the Legislation Act on 13 November 2017.
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 Legislative Assembly Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 2 November 2017. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2017