2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Speaker of the Legislative Assembly)
Legislative Assembly (Office of the Legislative Assembly) Bill 2012

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	2
Part 2	Office of the Legislative Assembly
	5	Establishment of Office of the Legislative Assembly	3
	6	Functions of office	3
	7	Staff of office	4
	8	Independence of office	4
Part 3	Clerk of the Legislative Assembly
	9	Appointment of Clerk of the Legislative Assembly	5
	10	Functions of clerk	5
	11	Disclosure of interests by clerk	6
	12	Delegation of clerk’s functions	6
	13	Suspension of clerk—general	6
	14	Suspension of clerk—administration and procedure committee notice and meetings	7
	15	Suspension of clerk—ending suspension	8
	16	Ending of clerk’s appointment	9
	17	Retirement of clerk	9
	18	Resignation of clerk	11
	19	Acting appointment as clerk	11
Part 4	Miscellaneous
	20	Regulation-making power	12
	21	Legislation amended—sch 1	12
Part 10	Transitional
	50	Change of name—references to old name	13
	51	Clerk of the Legislative Assembly	13
	52	Staff of the Legislative Assembly	13
	53	Expiry—pt 10	14
Schedule 1	Consequential and other amendments	15
Part 1.1	Annual Reports (Government Agencies) Act 2004	15
Part 1.2	Auditor-General Act 1996	18
Part 1.3	Financial Management Act 1996	18
Part 1.4	Government Procurement Act 2001	22
Part 1.5	Government Procurement Regulation 2007	24
Part 1.6	Legislation Act 2001	24
Part 1.7	Legislative Assembly (Broadcasting) Act 2001	25
Part 1.8	Public Sector Management Act 1994	25
Part 1.9	Territory Records Act 2002	29
Dictionary		30

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Speaker of the Legislative Assembly)
Legislative Assembly (Office of the Legislative Assembly) Bill 2012

A Bill for
An Act to establish the Office of the Legislative Assembly, 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 Legislative Assembly (Office of the Legislative Assembly) Act 2012.
2	Commencement
This Act commences on 1 July 2012.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	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 ‘office—see section 5 (1).’ means that the term ‘office’ 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)).
4	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.

Part 2	Office of the Legislative Assembly
5	Establishment of Office of the Legislative Assembly
	(1)	The Office of the Legislative Assembly (the office) is established.
	(2)	The office consists of—
	(a)	the clerk; and
	(b)	the staff of the office.
6	Functions of office
	(1)	The office’s function is to provide impartial advice and support to the Legislative Assembly and committees and members of the Assembly, including by—
	(a)	providing advice on parliamentary practice and procedure and the functions of the Assembly and committees; and
	(b)	reporting proceedings of the Assembly and meetings of committees; and
	(c)	maintaining an official record of proceedings of the Assembly; and
	(d)	providing library and information facilities and services for members; and
	(e)	providing staff to enable the Assembly and committees to operate efficiently; and
	(f)	providing business support functions, including administering the entitlements of members who are not part of the Executive; and
	(g)	maintaining the Assembly precincts.
	(2)	The office also has the function of providing public education about the functions of the Assembly and committees.
	(3)	The office may exercise any other function given to it under this Act or another territory law.
Note	A provision of a law that gives an entity 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).
	(4)	In this section:
Assembly precincts—see the Legislative Assembly Precincts Act 2001, dictionary.
7	Staff of office
	(1)	The office’s staff must be employed under the Public Sector Management Act 1994.
	(2)	The clerk has the powers mentioned in the Public Sector Management Act 1994, section 25 (3) in relation to the office’s staff.
8	Independence of office
The clerk and the office’s staff are not subject to direction by the Executive or any Minister in the exercise of their functions.

Part 3	Clerk of the Legislative Assembly
9	Appointment of Clerk of the Legislative Assembly
	(1)	The Speaker must, on behalf of the Territory, appoint a person as Clerk of the Legislative Assembly.
	(2)	The appointment must be made—
	(a)	on the advice of the administration and procedure committee; and
	(b)	in consultation with the Chief Minister; and
	(c)	in consultation with the Leader of the Opposition; and
	(d)	in accordance with the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle).
Note	For the making of appointments, see the Legislation Act, pt 19.3.
	(3)	The Speaker must not appoint a person as clerk unless satisfied that the person has extensive knowledge of, and experience in, relevant parliamentary law, practice and procedure.
	(4)	The clerk is appointed on the terms (if any) in relation to matters not provided for by this part or a determination under the Remuneration Tribunal Act 1995 that are prescribed by the management standards under the Public Sector Management Act 1994.
10	Functions of clerk
	(1)	The clerk is responsible for the management of the office.
	(2)	The clerk may exercise any other function given to the clerk under this Act or another territory law.
Note	A provision of a law that gives an entity 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).
11	Disclosure of interests by clerk
The clerk must give a written statement of the clerk’s personal and financial interests to the Speaker within 7 days after—
	(a)	the day the clerk is appointed; and
	(b)	the first day of each financial year; and
	(c)	the day there is a change in an interest.
12	Delegation of clerk’s functions
The clerk may delegate the clerk’s functions under this Act or another territory law to a member of the office’s staff.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
13	Suspension of clerk—general
	(1)	The Speaker may suspend the clerk on the ground of—
	(a)	misbehaviour; or
	(b)	physical or mental incapacity, if the incapacity substantially affects the exercise of the clerk’s functions.
Note	Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).
	(2)	If the Speaker is considering suspending the clerk, the Speaker may ask 1 or more of the following for advice about the proposed suspension:
	(a)	the commissioner for public administration;
	(b)	the auditor-general;
	(c)	anyone else the Speaker considers appropriate.
	(3)	If the Speaker suspends the clerk, the Speaker must give written notice of the suspension and a copy of a statement of the reasons for the suspension to the clerk.
	(4)	The suspension takes effect when the notice and statement are given to the clerk under subsection (3).
	(5)	The clerk may be suspended only under this section.
	(6)	The clerk is entitled to be paid salary and allowances while suspended.
14	Suspension of clerk—administration and procedure committee notice and meetings
	(1)	If the Speaker suspends the clerk, the Speaker must give written notice of the suspension and a copy of the statement of the reasons for the suspension to each other member of the administration and procedure committee not later than the next business day (the notice day).
	(2)	The administration and procedure committee must meet in relation to the clerk’s suspension—
	(a)	not later than 3 business days after the notice day; and
	(b)	at subsequent intervals of not longer than 30 days while the clerk is suspended (a regular meeting).
	(3)	The clerk may make an oral or written submission (or both) to the committee about the clerk’s suspension.
	(4)	At each regular meeting the administration and procedure committee must review the clerk’s suspension and may at any time pass a resolution about the suspension, including a resolution—
	(a)	recommending to the Speaker that the Speaker end the suspension; or
	(b)	to make a statement to the Legislative Assembly recommending that the Speaker end the clerk’s appointment.
15	Suspension of clerk—ending suspension
	(1)	If the Speaker does not comply with section 14 (1), the suspension ends at the end of the notice day.
	(2)	If the administration and procedure committee fails to hold a meeting as required under section 14 (2), the suspension ends on the day after the last day when the meeting could have been held.
	(3)	The following provisions apply if the administration and procedure committee makes a recommendation mentioned in section 14 (4) (a) and the Speaker does not end the suspension within 1 business day after the day the recommendation is made:
	(a)	the committee may at any time resolve to make a statement to the Legislative Assembly recommending that the suspension be ended;
	(b)	if the committee makes a statement mentioned in paragraph (a) and the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution; 
	(c)	if the committee makes a statement mentioned in paragraph (a) and the Legislative Assembly does not deal with the statement within 3 sitting days—the suspension ends at the end of the 3rd sitting day.
	(4)	If the administration and procedure committee makes a statement mentioned in section 14 (4) (b)—
	(a)	the Legislative Assembly may resolve to require the Speaker to end the clerk’s appointment; or
	(b)	if the Legislative Assembly does not, within 3 sitting days, pass a resolution mentioned in paragraph (a)—the suspension ends at the end of the 3rd sitting day.
	(5)	In this section:
notice day—see section 14 (1).
16	Ending of clerk’s appointment
	(1)	The Speaker must end the clerk’s appointment if the Legislative Assembly—
	(a)	passes a resolution under section 15 (4) (a); or
	(b)	otherwise resolves to require the Speaker to end the clerk’s appointment—
	(i)	for misbehaviour; or
	(ii)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the clerk’s functions.
	(2)	The Speaker may end the clerk’s appointment if the clerk is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months.
	(3)	The clerk’s appointment may be ended by the Speaker only under this section or section 17.
17	Retirement of clerk
	(1)	The Speaker may retire the clerk on the ground of physical or mental incapacity if—
	(a)	the incapacity substantially affects the exercise of the clerk’s functions; and
	(b)	the clerk consents to the retirement.
	(2)	However, the clerk must not be retired on the ground of invalidity unless—
	(a)	if the clerk is an eligible employee for the Superannuation Act 1976 (Cwlth)—
	(i)	the clerk is under the clerk’s maximum retiring age within the meaning of the Act; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the clerk; or
	(b)	if the clerk is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
	(i)	the clerk is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the clerk; or
	(c)	if the clerk is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
	(i)	the clerk is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the clerk.
	(3)	In this section:
invalidity means—
	(a)	for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under the Act; or
	(b)	for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under the Act; or
	(c)	for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under the Act.
physical or mental incapacity includes invalidity.
18	Resignation of clerk
	(1)	The clerk may resign by signed notice given to the Speaker.
	(2)	The Speaker must give a copy of a notice received under subsection (1) to each member of the Legislative Assembly not later than 5 business days after the day the notice is received by the Speaker.
19	Acting appointment as clerk
	(1)	The Speaker may appoint the following to act as clerk:
	(a)	the deputy clerk;
	(b)	in the absence of the deputy clerk—
	(i)	any other member of the office’s staff; or
	(ii)	if the Speaker is satisfied that no-one mentioned in subparagraph (i) is a suitable person—a suitable person.
Note	For the making of acting appointments, see the Legislation Act, div 19.3.2.
	(2)	In this section:
suitable person means a person who has extensive knowledge of, and experience in, relevant parliamentary law, practice and procedure.

Part 4	Miscellaneous
20	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	The Executive must consult the Speaker before making a regulation for this Act.
21	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Part 10	Transitional
50	Change of name—references to old name
A reference in a document to the Legislative Assembly secretariat is to be read as a reference to the office, except in relation to anything that happened before this Act commenced.
Note	If a law changes the name of an entity established under a law, the entity continues in existence under the new name and its identity is not affected by the change.  A reference in a law to the entity by its previous name is taken, after the change, to be a reference to the entity by its new name (see Legislation Act, s 183).
51	Clerk of the Legislative Assembly
	(1)	This section applies to the person who, immediately before this Act commences, is the clerk of the Legislative Assembly appointed under the Public Sector Management Act 1994, section 46 (Clerk of Legislative Assembly).
	(2)	The person is taken to be appointed as the clerk of the Legislative Assembly under this Act.
52	Staff of the Legislative Assembly
	(1)	This section applies to a person who, immediately before this Act commences, is a member of the staff of the Legislative Assembly secretariat mentioned in the Public Sector Management Act 1994, section 53A (b) (Legislative Assembly secretariat).
	(2)	The person is taken to be a member of the office’s staff mentioned in section 5 (2) (b).
53	Expiry—pt 10
This part expires 2 years after the day it commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Schedule 1	Consequential and other amendments
(see s 21)
Part 1.1	Annual Reports (Government Agencies) Act 2004
[1.1]	Section 6 (2), new note
insert
Note	An annual report direction does not apply to an annual report of the Office of the Legislative Assembly (see s 9 (1A)).
[1.2]	New section 6 (2A)
insert
	(2A)	The report of the Office of the Legislative Assembly must include an account of the management of the office during the financial year.
[1.3]	New section 9 (1A)
insert
	(1A)	However, an annual report direction does not apply to an annual report of the Office of the Legislative Assembly.
[1.4]	Section 11 (2)
substitute
	(2)	This section does not apply to an annual report of the auditor‑general or Office of the Legislative Assembly.
[1.5]	Section 12 (1)
substitute
	(1)	The Chief Minister may declare that a Minister is the responsible Minister for a public authority other than—
	(a)	the auditor-general; or
	(b)	the Office of the Legislative Assembly.
[1.6]	Section 15
substitute
15	Presentation of annual reports of auditor-general and Office of the Legislative Assembly
	(1)	This section applies to an annual report of the auditor-general or Office of the Legislative Assembly.
	(2)	The Speaker must present the report to the Legislative Assembly within 3 months after the end of the financial year (the 3-month period).
	(3)	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, and there are no sitting days of the Legislative Assembly during the 7 days—
	(a)	the auditor-general or clerk of the Legislative Assembly must give a copy of the report for each member of the Legislative Assembly to the Speaker before the end of the 3-month period; and
	(b)	the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the day the auditor-general or clerk gives it to the Speaker; and
	(c)	the Speaker must present the report to the Legislative Assembly—
	(i)	on the next sitting day after the end of the 3-month period; or
	(ii)	if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.
	(4)	At the request of the auditor-general or clerk, the Speaker may present a report of the auditor-general or Office of the Legislative Assembly to the Legislative Assembly after the time required under subsection (2) or, if applicable, subsection (3).
	(5)	If subsection (4) applies, the Speaker must present the report to the Legislative Assembly as soon as possible.
[1.7]	Dictionary, note 2
insert
·	Office of the Legislative Assembly
[1.8]	Dictionary, definition of public authority, new paragraph (e)
insert
	(e)	the Office of the Legislative Assembly.
Part 1.2	Auditor-General Act 1996
[1.9]	Section 20
substitute
20	Office of the Legislative Assembly
This part applies to the Office of the Legislative Assembly as if—
	(a)	a reference in this part to a directorate were a reference to the office; and
	(b)	a reference in this part to the responsible director-general were a reference to the clerk of the Legislative Assembly.
[1.10]	Dictionary, note 2
insert
·	Office of the Legislative Assembly
Part 1.3	Financial Management Act 1996
[1.11]	Section 4
substitute
4	Application of pts 2 to 5 to Office of the Legislative Assembly
Unless the contrary intention appears, the provisions of parts 2 to 5 apply to the Office of the Legislative Assembly as if—
	(a)	a reference in those provisions to a directorate included a reference to the office; and
	(b)	a reference in those provisions to the responsible Minister of a directorate were a reference to the Speaker; and
	(c)	a reference in those provisions to the responsible director‑general of a directorate included a reference to the clerk of the Legislative Assembly.
[1.12]	New section 8 (3)
insert
	(3)	There must be a separate Appropriation Act for an appropriation for the Office of the Legislative Assembly.
[1.13]	Section 12 (2)
omit
Legislative Assembly secretariat
substitute
Office of the Legislative Assembly
[1.14]	Section 13 (1)
substitute
	(1)	This section applies if the Treasurer presents a bill for an Appropriation Act relating to a financial year to the Legislative Assembly, other than—
	(a)	the bill for the first Appropriation Act relating to the year; or
	(b)	the bill for the first Appropriation Act for the appropriation for the Office of the Legislative Assembly relating to the year.
	(1A)	The Treasurer must also present supplementary budget papers to the Assembly.
[1.15]	Section 13A (1)
after
first Appropriation Act
insert
for it
[1.16]	Section 18 (5), definition of relevant Appropriation Bill
substitute
relevant Appropriation bill, for expenditure, means—
	(a)	the bill for the first Appropriation Act for the financial year when the expenditure is to happen; or
	(b)	the bill for the first Appropriation Act for the appropriation for the Office of the Legislative Assembly for the financial year when the expenditure is to happen.
[1.17]	Section 20
substitute
20	Recommended appropriation for Office of the Legislative Assembly
Before the beginning of a financial year, the Speaker must—
	(a)	after consultation with an appropriate committee of the Legislative Assembly, advise the Treasurer of the appropriation that the Speaker considers should be made for the Office of the Legislative Assembly for the financial year (the recommended appropriation); and
	(b)	give the Treasurer a draft budget for the Office of the Legislative Assembly for the financial year that contains the information mentioned in section 12 that applies to the office.
20AA	Appropriation for Office of the Legislative Assembly
	(1)	This section applies if—
	(a)	the Treasurer presents a bill for an Appropriation Act for the appropriation for the Office of the Legislative Assembly relating to a financial year in the Legislative Assembly; and
	(b)	the appropriation is less than the recommended appropriation for the financial year.
	(2)	Immediately after presenting the bill, the Treasurer must present to the Legislative Assembly a statement of reasons for departing from the recommended appropriation.
	(3)	In this section:
recommended appropriation—see section 20.
[1.18]	New section 30A (2A)
insert
	(2A)	This section does not apply to the Office of the Legislative Assembly.
[1.19]	Section 30E (5)
omit
Legislative Assembly secretariat
substitute
Office of the Legislative Assembly
[1.20]	Dictionary, note 2
insert
·	Office of the Legislative Assembly
[1.21]	Dictionary, definition of Legislative Assembly secretariat
omit
Part 1.4	Government Procurement Act 2001
[1.22]	Section 3 (1), definition of Territory entity, paragraph (a)
substitute
	(a)	means an administrative unit, a Territory entity under the Auditor-General Act 1996 or the Office of the Legislative Assembly; and
[1.23]	New section 8 (1A)
insert
	(1A)	However, the Minister must not give written directions to the board about the exercise of its functions in relation to the Office of the Legislative Assembly.
[1.24]	Section 9
substitute
9	Reports to Minister and Speaker
	(1)	The board must give—
	(a)	the Minister the reports the Minister requires; and
	(b)	the Speaker the reports the Speaker requires in relation to the Office of the Legislative Assembly.
	(2)	However, the Minister may not ask the board for a report in relation to the Office of the Legislative Assembly.
	(3)	A report under this section must be prepared in the form, and be based on the accounting or other policies or practices, (if any) that the Minister or Speaker requires.
	(4)	This section is in addition to any other reports that the board is required to make under this Act or any other law.
[1.25]	New section 10 (2)
insert
	(2)	However, the Minister may not ask the board for information about its operations in relation to the Office of the Legislative Assembly.
[1.26]	New section 22B (3)
after the note, insert
	(3)	In this section:
procurement proposal does not include a procurement proposal by the Office of the Legislative Assembly.
[1.27]	New section 22C (2)
insert
	(2)	However, for a procurement proposal or activity by the Office of the Legislative Assembly, only the Speaker may refer the proposal or activity to the board for review and advice.
[1.28]	Dictionary, note 2
insert
·	Office of the Legislative Assembly
[1.29]	Dictionary, definition of responsible chief executive officer, new paragraph (d)
insert
	(d)	for the Office of the Legislative Assembly—the clerk of the Legislative Assembly.
Part 1.5	Government Procurement Regulation 2007
[1.30]	New section 13 (3)
after the note, insert
	(3)	In this section:
territory entities does not include the Office of the Legislative Assembly.
Part 1.6	Legislation Act 2001
[1.31]	Dictionary, part 1, definition of clerk, note
substitute
Note	The clerk is appointed under the Legislative Assembly (Office of the Legislative Assembly) Act 2012.
[1.32]	Dictionary, part 1, new definition of Office of the Legislative Assembly
insert
Office of the Legislative Assembly means the Office of the Legislative Assembly established under the Legislative Assembly (Office of the Legislative Assembly) Act 2012.
Part 1.7	Legislative Assembly (Broadcasting) Act 2001
[1.33]	Sections 7 (2) (d) (v) and 9 (1)
omit
Legislative Assembly secretariat
substitute
Office of the Legislative Assembly
[1.34]	Dictionary, note 2
insert
·	Office of the Legislative Assembly
[1.35]	Dictionary, definition of Legislative Assembly secretariat
omit
Part 1.8	Public Sector Management Act 1994
[1.36]	Section 2, note 1
substitute
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 ‘appellable decision—see section 223.’ means that the term ‘appellable decision’ is defined in that section.
[1.37]	Section 21 (2)
omit
Subject to subsection (3), the 
substitute
The
[1.38]	Section 21 (3)
omit
[1.39]	New section 22AA
after section 22, insert
22AA	Investigative powers of commissioner and Office of the Legislative Assembly
	(1)	The commissioner—
	(a)	must not conduct an inspection of, or make an inquiry or investigation into the operations of, the Office of the Legislative Assembly under section 22 unless the commissioner has the Speaker’s written approval to conduct the inspection or make the inquiry or investigation; and
	(b)	is not subject to direction by the Speaker, the Executive, any Minister or the head of service in conducting the inspection or making the inquiry or investigation.
	(2)	If the commissioner conducts an inspection or makes an inquiry or investigation mentioned in subsection (1), the commissioner must prepare a report for the Speaker about the inspection, inquiry or investigation.
	(3)	The commissioner must give the report to the Speaker—
	(a)	within 6 months after the day the Speaker gives the approval under subsection (1) (a) for the inspection, inquiry or investigation; or
	(b)	if the commissioner asks the Speaker for an extension of time to give the report, and the Speaker agrees to an extension—within the period (not longer than 12 months after the day mentioned in paragraph (a)) stated by the Speaker.
	(4)	In subsection (3):
Speaker includes—
	(a)	if the Speaker is unavailable—the Deputy Speaker; or
	(b)	if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—a person is unavailable if—
	(a)	the person is absent from duty; or
	(b)	there is a vacancy in the person’s position.
[1.40]	Section 25 (2) (b), example 1
substitute
1	the clerk under the Legislative Assembly (Office of the Legislative Assembly) Act 2012, s 7 (2) (Staff of office)
[1.41]	New section 43 (2)
insert
	(2)	In this section:
autonomous instrumentality does not include the Office of the Legislative Assembly.
[1.42]	Division 3.8
omit
[1.43]	Section 143 (1)
after
an officer
insert
(other than an officer mentioned in subsection (1A))
[1.44]	New section 143 (1A)
insert
	(1A)	This section applies to an officer who is a member of the staff of the Office of the Legislative Assembly if the clerk of the Legislative Assembly—
	(a)	is satisfied on reasonable grounds about a matter mentioned in subsection (1); and
	(b)	tells the head of service about the matter.
[1.45]	Dictionary, note 2
insert
·	Office of the Legislative Assembly
[1.46]	Dictionary, definition of autonomous instrumentality, new paragraph (c)
insert
	(c)	the Office of the Legislative Assembly.
[1.47]	Dictionary, definition of chief executive officer, new paragraph (b) (iii)
insert
	(iii)	for the Office of the Legislative Assembly—the clerk of the Legislative Assembly.
[1.48]	Dictionary, definitions of clerk, Legislative Assembly secretariat and secretariat
omit
Part 1.9	Territory Records Act 2002
[1.49]	Section 7 (e)
substitute
	(e)	the Office of the Legislative Assembly; or
[1.50]	Section 8 (e)
substitute
	(e)	for the Office of the Legislative Assembly—the clerk of the Legislative Assembly; or
[1.51]	Dictionary, note 2
insert
·	Office of the Legislative Assembly

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:
·	auditor-general
·	business day
·	commissioner for public administration
·	Executive
·	Legislative Assembly
·	Speaker.
administration and procedure committee means the standing committee of the Legislative Assembly responsible for the administration and procedure of the Assembly.
clerk means the person appointed as Clerk of the Legislative Assembly under section 9.
office—see section 5 (1).
Office of the Legislative Assembly means the Office of the Legislative Assembly established under section 5.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 23 February 2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012