2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Zed Seselja)
Civic Development Authority Bill 2005

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Object of Act	2
	4	Dictionary	2
	5	Notes	2
	6	Territory plan	3
Part 2	Civic development area
	7	Declaration of civic development area	4
	8	Development of section master plan	4
	9	Minister may approve section master plan	5
	10	Direction about development applications	5
	11	Authority may decide some applications	6
Part 3	Civic development authority
Division 3.1	Establishment and functions
	12	Establishment of civic development authority	8
	13	Functions of authority	8
	14	Exercise of authority’s functions	8
	15	Powers of the authority generally	10
	16	Exercise of functions	11
	17	Ministerial directions to authority	12
Division 3.2	Authority board
	18	Establishment of authority governing board	12
	19	Role of authority governing board	12
	20	Authority board members	13
	21	Remuneration and allowances	14
	22	Chair and deputy chair	15
	23	Ending board member appointments	15
Division 3.3	Chief executive officer
	24	Appointment of CEO of authority	16
	25	CEO’s functions	17
Division 3.4	Functions of board members
	26	Chair’s functions	18
	27	Deputy chair’s functions	18
	28	Honesty, care and diligence of board members	18
	29	Conflict of interest	19
	30	Agenda to require disclosure of interest item	19
	31	Disclosure of interests by board members	19
	32	Reporting of disclosed interests to Minister	21
	33	Protection of board members from liability	21
	34	Indemnification and exemption of board members	22
Division 3.5	Board meetings
	35	Time and place of board meetings	22
	36	Presiding member at meetings	23
	37	Quorum at meetings	23
	38	Voting at meetings	23
	39	Conduct of meetings etc	24
Division 3.6	Authority staff and consultants
	40	Authority staff and consultants	24
Division 3.7	Limitations and obligations of authority
	41	Limitations on authority forming corporations etc	25
	42	Limitations on authority taking part in joint ventures and trusts	26
	43	Corporations, joint ventures and trusts in which authority has interest	27
	44	Obligation to tell Minister about significant events	27
	45	Ministerial directions about statements	28
Division 3.8	Management
	46	Authority to give information to Minister	29
	47	Authority’s annual report	29
Division 3.9	Financial management
	48	Proceeds of grants of leases	30
	49	Payment of amounts to Territory	30
	50	Copy of statement of intent	31
Division 3.10	Miscellaneous
	51	Execution of documents and assumptions people may make	31
	52	Compensation for exercise of functions etc	32
	53	Delegation by authority	33
	54	Review of Act	33
	55	Regulation-making power	33
	56	Expiry of Act	33
Dictionary		34

2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Zed Seselja)
Civic Development Authority Bill 2005

A Bill for
An Act to provide for the development of the civic central area, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Civic Development Authority Act 2005.
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	Object of Act
The main object of this Act is to ensure that the civic central area is revitalised and developed as a central business district appropriate for the nation’s capital.
4	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘civic development area—see section 7.’ means that the term ‘civic development area’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6	Territory plan
This Act does not permit the authority to do anything, or authorise the doing of anything, that is inconsistent with the territory plan.

Part 2	Civic development area
7	Declaration of civic development area
	(1)	The Minister must declare an area in the Canberra central district, in the vicinity of and including City Hill, to be the civic development area.
	(2)	Before making a declaration, the Minister must have regard to any recommendation of the civic development authority about the area to be the civic development area.
	(3)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	In this section:
Canberra central district means the area referred to as the Canberra central district in the territory plan.
8	Development of section master plan
	(1)	The civic development authority must develop a section master plan for the civic development area.
	(2)	In developing the plan, the civic development authority may engage in public consultation in any way it considers appropriate.
	(3)	However, the authority must, before giving the plan to the Minister for approval under section 9, prepare a notice (a consultation notice)—
	(a)	stating that copies of a draft of the plan are available for inspection during a stated period of at least 90 days at stated places; and
	(b)	inviting interested people to give written comments about the draft plan to the authority during the 90-day period.
	(4)	The consultation notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The authority must also publish the consultation notice in a daily newspaper circulating generally in the ACT.
9	Minister may approve section master plan
	(1)	The Minister may approve the section master plan for the civic development area.
	(2)	The Minister must decide whether or not to approve the plan not later than 3 months after the day the Minister receives it from the authority.
	(3)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	If a section master plan is approved by the Minister under this section—
	(a)	the section master plan is part of the territory plan; and
	(b)	the territory plan is varied in accordance with the section master plan.
	(5)	To remove any doubt, the Land (Planning and Environment) Act 1991, subdivisions 2.3.2, 2.3.3 or 2.3.4 (which deal with variations of the territory plan) apply to the territory plan as varied under subsection (4) (b) as if the variation had been made in accordance with that Act, division 2.3.
10	Direction about development applications
	(1)	The authority may direct the planning and land authority to refer to it an application in relation to the civic development area that has not been decided by the planning and land authority if the authority is satisfied that the application seeks approval for a development that may have a substantial affect on the achievement or development of the objectives of the section master plan.
	(2)	A direction under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	When complying with the direction, the planning and land authority must give the authority—
	(a)	the information and documents received by the planning and land authority in relation to the application; and
	(b)	any other relevant information and documents held by the planning and land authority.
	(4)	If the authority gives a direction under subsection (1) in relation to an application, the planning and land authority must take no further action that would lead to a decision by the planning and land authority on the application.
	(5)	This section does not apply in relation to an application referred to the Minister under the Land (Planning and Environment) Act 1991, section 229A (Direction that applications be submitted to Minister).
11	Authority may decide some applications
	(1)	This section applies to an application referred to the authority under section 10.
	(2)	The authority may decide the application.
	(3)	In making a decision on the application, Land (Planning and Environment) Act 1991, part 6 (Approvals and orders) applies to the application as if—
	(a)	a reference in that Act to the relevant authority were a reference to the civic development authority; and
	(b)	any other necessary changes, and any changes prescribed by regulation, were made.
	(4)	As soon as possible after the authority decides the application, the authority must give the Minister, for presentation to the Legislative Assembly, a statement containing—
	(a)	a description of the development to which the application relates; and
	(b)	details of the land where the development is proposed to take place; and
	(c)	the applicant’s name; and
	(d)	details of the authority’s decision; and
	(e)	the reasons for the decision.
	(5)	The Minister must present the statement to the Legislative Assembly not later than 3 sitting days after the day the Minister receives it.

Part 3	Civic development authority
Division 3.1	Establishment and functions
12	Establishment of civic development authority
	(1)	The Civic Development Authority is established.
	(2)	The authority—
	(a)	is a corporation; and
	(b)	may sue and be sued in its corporate name; and
	(c)	may have a seal.
	(3)	The authority represents the Territory when exercising its functions.
13	Functions of authority
	(1)	The main function of the authority is the achievement of the object of this Act by promoting, coordinating and managing the development of the civic development area on behalf of the Territory. 
	(2)	The authority also has any other function given to the authority under this Act or any other territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
14	Exercise of authority’s functions
	(1)	The authority must exercise its functions—
	(a)	in a way that is consistent with the social and economic needs of the Territory; and
	(b)	in accordance with prudent commercial principles; and
	(c)	in consultation with residents of the ACT as prescribed by regulation; and
	(d)	in a way that shows a sense of social responsibility by having regard to the interests of the community in which it operates, and by trying to accommodate or encourage those interests; and
	(e)	if its activities affect the environment—in compliance with the object of ecologically sustainable development.
	(2)	In this section:
ecologically sustainable development means the effective integration of environmental and economic considerations in decision-making processes achievable through implementation of the following principles:
	(a)	the precautionary principle;
	(b)	the inter-generational equity principle;
	(c)	conservation of biological diversity and ecological integrity;
	(d)	improved valuation and pricing of environmental resources.
inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
15	Powers of the authority generally
	(1)	The authority has the legal capacity and powers of an individual both in and outside the ACT (including outside Australia).
Examples
1	to enter into a contract
2	to own, deal with and dispose of property
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Without limiting subsection (1), the authority—
	(a)	has the powers given to it under this Act or another territory law; and
	(b)	may do anything that it is authorised to do by a territory law or a law of another jurisdiction; and
	(c)	may exercise its powers in and outside the ACT (including outside Australia).
Example for par (b)
The authority may arrange to be registered or recognised under a law of another jurisdiction.
	(3)	The authority’s legal capacity to do something is not affected by the fact that the authority’s interests are not, or would not be, served by doing it.
	(4)	To remove any doubt, this section does not—
	(a)	authorise the authority to do anything that is prohibited by a territory law or a law of another jurisdiction; or
	(b)	give the authority a right that a territory law or a law of another jurisdiction denies to the authority.
	(5)	In this section:
another jurisdiction means the Commonwealth, a State, another Territory or a foreign country. 
16	Exercise of functions
	(1)	In exercising its functions, the authority may do any of the following:
	(a)	if authorised by the Executive, grant leases of land (including to itself) on behalf of the Executive;
	(b)	hold leases of, or any other interest in, land; 
	(c)	construct roads, lanes, footpaths and passageways; 
	(d)	design, construct, or participate in the design or construction of, buildings, structures and facilities;
	(e)	carry out any works and operations necessary for making land suitable for professional, commercial, industrial, residential or community purposes;
	(f)	occupy and use any land or building; 
	(g)	maintain and manage land, buildings, structures, works or other property;
	(h)	make charges for work done or services rendered;
	(i)	form, or participate in the formation of, companies;
	(j)	enter into partnerships or participate in joint ventures;
	(k)	enter into any other contract or arrangement with anyone for the doing of anything that the authority may do under this or any other Act; 
	(l)	subscribe for or purchase shares in, or debentures or other securities of, companies;
	(m)	act as agent for someone else; 
	(n)	appoint agents or attorneys.
	(2)	This section does not limit how the authority may exercise its functions.
17	Ministerial directions to authority
	(1)	The Minister may give written directions to the authority—
	(a)	about the general policies the authority should follow; or
	(b)	the principles that are to govern the exercise of its functions.
	(2)	Before giving a direction, the Minister must—
	(a)	tell the authority about the proposed direction; and
	(b)	give the authority reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comments made by the authority.
	(3)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Division 3.2	Authority board
18	Establishment of authority governing board
The civic development authority has a governing board (the authority board).
19	Role of authority governing board
	(1)	The authority board has the following functions:
	(a)	setting the authority’s policies and strategies;
	(b)	ensuring, as far as practicable, that the authority operates consistently with this Act and other relevant legislation;
	(c)	ensuring, as far as practicable, that the authority operates in a proper, effective and efficient way.
Examples of policies for par (a)
1	risk management
2	communication with government
3	corporate planning
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	This section does not limit the functions of the board.
20	Authority board members
	(1)	The authority board has at least 9 and not more than 12 members.
	(2)	The Minister must appoint the members (other than the CEO).
Note 1	The CEO is a member of the board (see s 24 (2)).
Note 2	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	The Minister must appoint as members—
	(a)	a member or employee of the national capital authority nominated by the national capital authority to represent its interests; and
	(b)	a person to represent the planning and land authority; and
	(c)	2 people with significant experience in business in the ACT; and
	(d)	2 people to represent the interests of the general community.
	(4)	The Minister must ensure that the following areas of expertise are represented among the members appointed:
	(a)	land development;
	(b)	urban planning and design;
	(c)	engineering;
	(d)	architecture;
	(e)	transport or transport planning.
	(5)	The only other criteria for deciding whether to appoint a person as a member is the contribution the person can make to the goals and objectives of the authority board.
	(6)	The appointment of a member, other than the CEO, must be for a term of not longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
	(7)	The conditions of appointment of a member are the conditions agreed between the Minister and the member, subject to any determination under the Remuneration Tribunal Act 1995.
Note 	The Remuneration Tribunal Act 1995 allows terms and conditions for people appointed to be set by determination under that Act.
	(8)	The CEO and the members mentioned in subsection (3) (a) and (b) are non-voting members of the authority board.
21	Remuneration and allowances
An appointed member is entitled to remuneration, allowances and other entitlements in accordance with a determination of the remuneration tribunal.
22	Chair and deputy chair
The members of the board must elect a chair and deputy chair for the board.
23	Ending board member appointments
	(1)	This section applies to a board member other than the CEO.
	(2)	The Minister may end the member’s appointment—
	(a)	if the member contravenes a territory law; or
	(b)	for misbehaviour; or
	(c)	if the member becomes bankrupt or executes a personal insolvency agreement; or
	(d)	if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
	(e)	if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
	(f)	if the member contravenes section 31 (Disclosure of interests by board members); or
	(g)	if the member exercises the member’s functions other than in accordance with section 28 (Honesty, care and diligence of board members).
	(3)	The Minister must end the member’s appointment—
	(a)	if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or
	(b)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or
	(c)	if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.
	(4)	The Minister may end the appointment of the member (the member concerned) if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the members, to recommend to the Minister that the member’s appointment be ended.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
	(5)	The board may pass a resolution mentioned in subsection (4) only if—
	(a)	at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and
	(b)	the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and
	(c)	if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.
Division 3.3	Chief executive officer
24	Appointment of CEO of authority 
	(1)	The authority board must, after consulting the Minister, appoint a CEO for the authority.
	(2)	The CEO is a member of the board.
	(3)	However, the CEO is not a member of the board if it is considering—
	(a)	the appointment, or the ending of the appointment, of the CEO; or
	(b)	the CEO’s conditions of appointment.
Note	The CEO is a non-voting member of the board (see s 20 (8)).
	(4)	The conditions of appointment of the CEO are the conditions agreed between the board and the CEO, subject to any determination under the Remuneration Tribunal Act 1995.
25	CEO’s functions
	(1)	The CEO of the authority has the following functions:
	(a)	ensuring, as far as practicable, that the authority’s statement of intent is implemented effectively and efficiently;
	(b)	managing the day-to-day operations of the authority in accordance with—
	(i)	the policies of the authority set by the board; and
	(ii)	each legal requirement that applies to the authority;
Example for par (ii)
a direction by the independent competition and regulatory commission that relates to the authority
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	regularly advising the board about the operation and financial performance of the authority;
	(d)	immediately advising the board about significant events.
	(2)	In this section:
significant event, for the authority, means an event that the authority is required to tell the Minister about under section 44.
Division 3.4	Functions of board members
26	Chair’s functions
The chair of the authority board has the following functions:
	(a)	managing the affairs of the board;
	(b)	ensuring, as far as practicable, that there is a good working relationship between the board and management of the authority;
	(c)	ensuring the Minister is kept informed about the operations of the authority.
27	Deputy chair’s functions
If the chair of the authority board is absent or cannot for any reason exercise the functions of the chair, the deputy chair of the board must exercise the functions of the chair.
Note 1	The Legislation Act, s 209 deals with acting appointments.
Note 2	The CEO is a member of the board.  For CEO’s functions, see s 25.
28	Honesty, care and diligence of board members
In exercising the functions of an authority board member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.
29	Conflict of interest
An authority board member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.
30	Agenda to require disclosure of interest item
The agenda for each meeting of the authority board must include an item requiring any material interest in relation to an issue to be considered at the meeting to be disclosed to the meeting.
31	Disclosure of interests by board members
	(1)	If an authority board member has a material interest in an issue being considered, or about to be considered, by the board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.
	(2)	The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—
	(a)	be present when the board considers the issue; or
	(b)	take part in a decision of the board on the issue.
	(3)	Any other board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).
	(4)	In this section:
associate, of a person, means—
	(a)	the person’s business partner; or
	(b)	a close friend of the person; or
	(c)	a family member of the person.
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
	(a)	an associate of the person;
	(b)	a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;
	(c)	a subsidiary of a corporation mentioned in paragraph (b);
	(d)	a corporation if the person, or an associate of the person, is an executive officer of the corporation;
	(e)	the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;
	(f)	a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;
	(g)	someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
material interest—a board member has a material interest in an issue if the member has—
	(a)	a direct or indirect financial interest in the issue; or
	(b)	a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.
32	Reporting of disclosed interests to Minister
	(1)	Not later than 3 months after the day an interest is disclosed under section 31 (1), the chair of the authority board must report to the Minister in writing about—
	(a)	the disclosure; and
	(b)	the nature of the interest disclosed; and
	(c)	any decision by the board under section 31 (2).
	(2)	The chair must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.
	(3)	The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly not later than 31 days after the day the Minister receives the statement.
	(4)	In this section:
relevant committee means—
	(a)	a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.
33	Protection of board members from liability
	(1)	An authority board member is not personally liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under a territory law; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under a territory law.
	(2)	Any liability that would, apart from this section, attach to a board member of a territory authority attaches instead to the authority.
34	Indemnification and exemption of board members
	(1)	The authority must not exempt a board member (whether directly or through another entity) from liability to the authority.
	(2)	The authority must not indemnify a board member (whether directly or through another entity and whether by agreement or by making a payment) against any of the following liabilities incurred as a board member:
	(a)	a liability owed to the authority;
	(b)	a liability owed to someone other than the authority that did not arise from honest conduct.
	(3)	The authority must not indemnify a board member (whether directly or through another entity and whether by agreement or by making a payment) against legal costs incurred as a member if the costs are incurred—
	(a)	in defending or resisting a proceeding if the person is found to have a liability for which the person could not be indemnified under subsection (2); or
Note	A board member is not personally liable for certain acts done or omissions made honestly and without recklessness (see s 33).
	(b)	in defending or resisting a criminal proceeding in which the person is found guilty.
Division 3.5	Board meetings
35	Time and place of board meetings
	(1)	Meetings of the authority board are to be held when and where it decides.
	(2)	However, the board must meet at least once every 3 months.
	(3)	The chair—
	(a)	may at any time call a meeting of the board; and
	(b)	must call a meeting if asked by the Minister or at least 2 members.
	(4)	The chair must give the other members reasonable notice of the time and place of a meeting called by the chair.
36	Presiding member at meetings
	(1)	The chair presides at all meetings at which the chair is present.
	(2)	If the chair is absent, the deputy chair presides.
	(3)	If the chair and the deputy chair are absent, the member chosen by the members present presides.
	(4)	However, the members must not choose a non-voting member to preside.
37	Quorum at meetings
	(1)	Business may be carried on at a meeting of the authority board only if at least 1/2 the number of members appointed are present.
	(2)	However, a non-voting member is not counted as a member appointed or present for subsection (1).
38	Voting at meetings
	(1)	At a meeting of the authority board each member has a vote on each question to be decided.
	(2)	A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a deciding vote.
39	Conduct of meetings etc
	(1)	The authority board may conduct its proceedings (including its meetings) as it considers appropriate.
	(2)	A meeting may be held using a method of communication, or a combination of methods of communication, that allows a board member taking part to hear what each other member taking part says without the members being in each other’s presence.
Examples
a phone link, a satellite link
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A board member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.
	(4)	A resolution is a valid resolution of the board, even if it is not passed at a meeting of the board, if all members agree to the proposed resolution in writing or by electronic communication.
Example of electronic communication
email
	(5)	The board must keep minutes of its meetings.
Division 3.6	Authority staff and consultants
40	Authority staff and consultants
	(1)	The authority may employ staff and engage consultants. 
	(2)	The Public Sector Management Act 1994 does not apply to the authority.
Division 3.7	Limitations and obligations of authority
41	Limitations on authority forming corporations etc
	(1)	The authority must not do any of the following without the Minister’s prior written approval:
	(a)	subscribe for, or purchase, shares in or debentures or other securities of, a corporation;
	(b)	form, or take part in the formation of, a corporation.
	(2)	An approval under subsection (1)—
	(a)	must relate only to a particular corporation or proposed corporation; and
	(b)	may be given subject to the conditions or restrictions stated in the approval.
	(3)	If the authority does something mentioned in subsection (1), the authority must tell the Minister not later than 2 weeks after the day the authority does the thing.
	(4)	The Minister must—
	(a)	prepare a written statement setting out details of, and reasons for, the authority’s action; and
	(b)	present the statement to the Legislative Assembly not later than 6 sitting days after the day the Minister is told about the action.
	(5)	A statement need not include any material that is commercially sensitive.
	(6)	However, if commercially sensitive information is not included in the statement, the Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the information and the reason for its non‑inclusion in the statement.
42	Limitations on authority taking part in joint ventures and trusts
	(1)	The authority must not take part in a joint venture or trust without the Minister’s prior written approval.
	(2)	An approval under subsection (1)—
	(a)	may apply generally or may relate to a particular proposed joint venture or trust; and
	(b)	may be given subject to the conditions or restrictions stated in the approval.
	(3)	If the authority enters into an agreement for a joint venture or trust, the authority must tell the Minister not later than 2 weeks after the day the authority enters into the agreement.
	(4)	The Minister must—
	(a)	prepare a written statement setting out details of, and reasons for, the agreement; and
	(b)	present the statement to the Legislative Assembly not later than 6 sitting days after the day the Minister is told about the agreement.
	(5)	A statement need not include any material that is commercially sensitive.
	(6)	However, if commercially sensitive information is not included in the statement, the Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the information and the reason for its non‑inclusion in the statement.
43	Corporations, joint ventures and trusts in which authority has interest
	(1)	If the authority has a controlling interest in a corporation, joint venture or trust, the authority must ensure that—
	(a)	the auditor-general is appointed auditor for the corporation, joint venture or trust; and
	(b)	the corporation or joint venture, or a trustee for the trust, does not do anything that the authority itself could not do.
	(2)	If the authority has an interest, other than a controlling interest, in a corporation, joint venture or trust, the authority must try to ensure that the auditor-general is appointed auditor for the corporation, joint venture or trust.
Note	The Auditor-General Act 1996, s 14 allows the auditor-general to require a person to give to the auditor-general information and documents.
	(3)	In this section—
controlling interest—see the Auditor-General Act 1996, section 5.
44	Obligation to tell Minister about significant events
	(1)	The authority must, as soon as practicable, tell the Minister of any significant event that affects, or seems likely to affect—
	(a)	the value of the authority; or
	(b)	a significant part of the authority’s assets; or
	(c)	the performance of the authority as a whole; or
	(d)	the carrying out of a significant activity of the authority.
	(2)	For this section, an event, part of assets or activity is significant for the authority if—
	(a)	it is significant when interpreted in accordance with accounting standards relating to materiality ordinarily used in Australia when the decision about whether it is significant is made; or
	(b)	a document published by the authority identifies it as significant (however described); or
	(c)	a memorandum of understanding or other agreement between the Minister or the Treasurer and the authority identifies it as significant (however described); or
	(d)	it is prescribed under the financial management guidelines.
45	Ministerial directions about statements
	(1)	The Minister may, in writing, direct the chair of the authority board to give the Minister financial or other statements relating to the authority.
	(2)	Without limiting subsection (1), the direction may state the form in which the statements are to be given and the period to which they must relate.
	(3)	If the chair receives a direction under subsection (1), the chair must prepare the statements required by the direction and give them to the Minister not later than 1 month after the day the chair receives the direction or, if a longer period is allowed by the Minister, within the longer period.
	(4)	The Minister must not allow a longer period under subsection (3) for complying with a direction unless satisfied that there are special circumstances that justify the longer period.
Division 3.8	Management
46	Authority to give information to Minister
	(1)	The authority must give the Minister the information about its operations required by the Minister.
	(2)	The authority must tell the Minister about any development that, in the authority’s view, may significantly affect—
	(a)	an objective set out in the authority’s statement of intent; or
	(b)	the financial viability or operating ability of the authority or a corporation, joint venture or trust in which the authority has an interest.
	(3)	The authority must tell the Minister under subsection (2) about a development not later than 14 days after the day the authority becomes aware of the existence of the development.
47	Authority’s annual report
A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
	(a)	a copy of any direction given under section 17 (Ministerial directions to authority) during the year; and
	(b)	a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year) under that section.
Division 3.9	Financial management
Note	The authority is a territory authority for the Financial Management Act 1996 (see that Act, dict) and is subject to pt 8 (which relates to financial provisions for territory authorities). 
48	Proceeds of grants of leases
	(1)	Any consideration received by the authority for the grant of a lease of land is taken to be income of the authority.
	(2)	In this section:
lease of land includes the grant, under authorisation of the Executive, of a lease (including a lease to the authority) of land that, immediately before the grant, was unleased.
49	Payment of amounts to Territory
	(1)	The Treasurer may direct the authority, in writing, to pay an amount to the Territory, in the way, at the time and on the terms and conditions that the Treasurer requires.
	(2)	In giving a direction, the Treasurer must have regard to—
	(a)	the assets and liabilities of the authority; and
	(b)	its income and expenditure; and
	(c)	the ability of the authority to exercise its functions; and
	(d)	the requirement that the Territory obtain a reasonable return from the development and the disposal of unleased land.
	(3)	For subsection (2) (a), the civic development area is taken to be an asset of the authority.
	(4)	The authority must comply with a direction under this section.
50	Copy of statement of intent
	(1)	The authority must give the Minister a copy of the statement of intent that it gives to the Treasurer under the Financial Management Act 1996.
	(2)	The Minister must present the statement of intent to the Legislative Assembly not later than 6 sitting days after the day the Minister receives it.
	(3)	However, the statement of intent presented to the Legislative Assembly need not include any material that is commercially sensitive.
	(4)	However, if commercially sensitive information is not included in the statement of intent, the Minister must, when presenting it to the Legislative Assembly, also present a further statement setting out the general nature of the information and the reason for its non‑inclusion in the statement.
Division 3.10	Miscellaneous
51	Execution of documents and assumptions people may make
	(1)	The applied Corporations Act provisions apply to the authority as if—
	(a)	a reference to a company were a reference to the authority; and
	(b)	a reference to a common seal were a reference to the seal of the authority; and
	(c)	a reference to a director were a reference to a board member; and
	(d)	a reference to a company’s constitution were a reference to this Act; and
	(e)	a reference to an officer of a company were a reference to the CEO and any member of staff of the authority; and
	(f)	a reference to information available to the public from ASIC were a reference to information available to the public from the Territory; and
	(g)	any other necessary changes, and any change prescribed by regulation, were made.
	(2)	In this section:
applied Corporations Act provisions means the following provisions of the Corporations Act:
	(a)	section 127 (which is about the execution of documents by a company);
	(b)	section 128 (which is about a person’s entitlement to make certain assumptions in dealing with a company);
	(c)	section 129 (which is about the assumptions that may be made).
52	Compensation for exercise of functions etc
	(1)	A person may claim compensation from the Territory if the person suffers loss because of the exercise, or purported exercise, of a function under this part or the establishing Act.
	(2)	Compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction.
	(3)	A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.
	(4)	A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
53	Delegation by authority
The authority may delegate a function to a member of the authority board or a public servant.
Note 	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
54	Review of Act
	(1)	The Minister must review the operation of this Act and present a report of the review to the Legislative Assembly—
	(a)	as soon as practicable after the end of its 7th year of operation; and
	(b)	as soon as practicable after the end of its 14th year of operation. 
	(2)	In reviewing the Act, the Minister must have regard to—
	(a)	the effectiveness of the operations of the authority; and
	(b)	the need for the continuation of the authority.
	(3)	The Minister may have regard to anything else that the Minister considers relevant to the operation and effectiveness of this Act.
55	Regulation-making power
The Executive may make regulations for this Act.
Note 	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
56	Expiry of Act
This Act expires 15 years after the day it commences.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Corporations Act
·	exercise
·	function
·	national capital authority
·	person
·	planning and land authority
·	public servant
·	territory plan
·	the Territory
·	under.
authority means the civic development authority established under section 12.
authority board means the governing board of the authority.
CEO means the chief executive officer of the authority.
chair means the chair of the authority board.
civic development area—see section 7.
member means a member of the authority board.
section master plan––see the territory plan, part D (Definition of terms).
statement of intent, for a financial year, means the authority’s statement of intent for the year under the Financial Management Act 1996.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005