2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Shane Rattenbury)
Officers of the Assembly Legislation Amendment Bill 2013

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Auditor-General Act 1996
	4	New section 6A	3
	5	Sections 7B and 8	3
	6	Acting auditor-general
Section 8A	5
	7	Application of Legislation Act, div 19.3.3
Section 8B	5
	8	New sections 8B, 8C and 8D	5
	9	Resignation
Section 9	6
	10	Sections 9A and 9B	7
	11	Staff
Section 9C (3)	13
	12	New section 9DA	13
	13	Reports for Legislative Assembly
New section 17 (5A)	13
	14	Regulation-making power
New section 38 (2) and (3)	14
	15	New part 10	14
	16	Dictionary, note 2	15
Part 3	Electoral Act 1992
	17	Division 2.1 heading	16
	18	New sections 6A and 6B	16
	19	Functions of electoral commission
Section 7 (1) (a) and (b)	17
	20	Determination of fees
Section 8	17
	21	Special reports by electoral commission
Section 10A	17
	22	Section 10A (2)	18
	23	New section 10A (3)	18
	24	Division 2.2 heading and sections 11 and 12	18
	25	Section 12A	20
	26	Eligibility for appointment as chairperson
Section 12B	20
	27	Sections 12AA, 12A and 12B (as amended)	20
	28	Sections 13 to 17 and division 2.3 heading	21
	29	Delegation by electoral commission
Section 20	29
	30	Section 21 heading	29
	31	Part 3 heading, division 3.1 heading and section 22	29
	32	Functions of commissioner etc
Section 23	29
	33	Delegation by commissioner
Section 24	29
	34	Sections 25 to 29	29
	35	Division 3.2 heading and section 31	30
	36	Temporary staff and consultants
Section 32 (2)	30
	37	New section 33A	30
	38	Redistribution committees
Section 39 (4)	31
	39	Sections 53 (1) (a) and 54	31
	40	Regulation-making power
New section 341 (3) and (4)	31
	41	New part 32	32
	42	Dictionary, definition of commissioner	33
	43	Dictionary, definition of member	33
	44	Dictionary, new definition of relevant Assembly committee	33
	45	Further amendments, mentions of s 8	34
Part 4	Ombudsman Act 1989
	46	Functions—generally
Section 4A	35
	47	New sections 4A and 4B	35
	48	Power to obtain information and documents
Section 11 (5) and (6)	36
	49	Power to enter premises
Section 17 (2)	36
	50	Sections 19 and 20	36
	51	Reports to the Legislative Assembly
Section 21	37
	52	Section 21	37
	53	Section 21 (2)	38
	54	New section 21 (3)	38
	55	Section 22	38
	56	Section 24 (1) and heading	40
	57	New sections 24A to 24C	40
	58	Leave of absence
Section 25 (1)	41
	59	Sections 27 and 28	41
	60	Acting appointment
New section 29 (2) and (3)	47
	61	Section 30	47
	62	Section 32	48
	63	Section 33 (5)	48
	64	Disclosure of information by ombudsman
Section 34 (4)	48
	65	Determination of fees and witness expenses etc
Section 37	48
	66	Regulation-making power
New section 38 (2) and (3)	49
	67	New part 10	49
	68	Dictionary, note 2	50
	69	Dictionary, new definition of relevant Assembly committee	51
Schedule 1	Other amendments	52
Part 1.1	Annual Reports (Government Agencies) Act 2004	52
Part 1.2	Financial Management Act 1996	55
Part 1.3	Government Procurement Act 2001	58
Part 1.4	Government Procurement Regulation 2007	60
Part 1.5	Legislation Act 2001	61
Part 1.6	Public Interest Disclosure Act 2012	61
Part 1.7	Public Sector Management Act 1994	62
Part 1.8	Referendum (Machinery Provisions) Act 1994	64
Part 1.9	Territory Records Act 2002	64

2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Shane Rattenbury)
Officers of the Assembly Legislation Amendment Bill 2013

A Bill for
An Act to amend the Auditor-General Act 1996, the Electoral Act 1992 and the Ombudsman Act 1989, 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 Officers of the Assembly Legislation Amendment Act 2013.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
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 Auditor-General Act 1996, the Electoral Act 1992 and the Ombudsman Act 1989.
Note	This Act also amends other legislation (see sch 1).

Part 2	Auditor-General Act 1996
4	New section 6A
insert
6A	Officer of the Legislative Assembly
	(1)	The auditor-general is an independent officer of the Legislative Assembly.
	(2)	The functions, powers, rights, immunities and obligations of the auditor-general are as stated in this Act and other territory laws.
	(3)	There are no implied functions, powers, rights, immunities or obligations arising from the auditor-general being an independent officer of the Legislative Assembly.
	(4)	The powers of the Legislative Assembly to act in relation to the auditor-general are as stated in this Act and other territory laws.
	(5)	In subsection (4):
Legislative Assembly includes—
	(a)	the members of the Legislative Assembly; and
	(b)	the committees of the Legislative Assembly.
	(6)	There are no implied powers of the Legislative Assembly arising from the auditor-general being an independent officer of the Legislative Assembly.
5	Sections 7B and 8
substitute
8	Appointment
	(1)	The Speaker must, on behalf of the Territory, appoint a person as auditor‑general.
	(2)	The appointment must be made—
	(a)	on the advice of the public accounts committee; and
	(b)	in consultation with the Chief Minister; and
	(c)	in consultation with the Leader of the Opposition; and
	(d)	in consultation with the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and
	(e)	in accordance with the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle).
	(3)	The Speaker must not appoint a person as auditor‑general unless satisfied that the person has extensive knowledge of, and experience in—
	(a)	governance and risk management; or
	(b)	public administration.
	(4)	The Speaker must not appoint a person as auditor‑general if the person has been a public servant at any time during the preceding 2 years.
	(5)	However, subsection (4) does not apply to a person who has, during the preceding 2 years, been employed as a member of the staff of an officer of the Assembly.
	(6)	The auditor‑general 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.
	(7)	The appointment is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(8)	In this section:
registered party—see the Electoral Act 1992, dictionary.
6	Acting auditor-general
Section 8A
substitute
8A	Acting auditor-general
	(1)	Before the Speaker appoints a person to act as auditor-general, the Speaker must consult with the presiding member of the public accounts committee about the proposed appointment.
	(2)	However, for a period of leave of absence approved by the Speaker under section 9BD, the auditor‑general may appoint a person to act as auditor-general after consulting with the Speaker.
7	Application of Legislation Act, div 19.3.3
Section 8B
omit
8	New sections 8B, 8C and 8D
in division 2.3, insert
8B	Oath or affirmation of office
Before a person is appointed as auditor-general, the person must take an oath of office, or make an affirmation of office, before the Speaker.
Note	For the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
8C	Disclosure of interests
The auditor-general must give a written statement of the auditor‑general’s personal and financial interests to the Speaker within 7 days after—
	(a)	the day the auditor-general is appointed; and
	(b)	the first day of each financial year; and
	(c)	the day there is a change in the interest.
Note	The Speaker may only disclose the information in the statement in certain circumstances (see s 36).
8D	Auditor-general must not do other work etc
The auditor-general must not—
	(a)	have paid employment other than exercising the auditor‑general’s functions; or
	(b)	engage in any unpaid activity that is inconsistent with the auditor‑general’s functions.
9	Resignation
Section 9
omit
Chief Minister
substitute
Speaker
10	Sections 9A and 9B
substitute
9A	Retirement
	(1)	The Speaker may retire the auditor-general on the ground of physical or mental incapacity if—
	(a)	the incapacity substantially affects the exercise of the auditor‑general’s functions; and
	(b)	the auditor-general consents to the retirement.
	(2)	However, the auditor-general must not be retired on the ground of invalidity unless—
	(a)	if the auditor-general is an eligible employee for the Superannuation Act 1976 (Cwlth)—
	(i)	the auditor-general is under the auditor-general’s maximum retiring age within the meaning of that Act; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the auditor-general; or
	(b)	if the auditor-general is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
	(i)	the auditor-general is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the auditor-general; or
	(c)	if the auditor-general is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
	(i)	the auditor-general is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the auditor-general.
	(3)	In this section:
invalidity means—
	(a)	for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or
	(b)	for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or
	(c)	for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under that Act.
physical or mental incapacity includes invalidity.
9B	Suspension—generally
	(1)	The Speaker may suspend the auditor‑general on the ground of—
	(a)	misbehaviour; or
	(b)	physical or mental incapacity, if the incapacity substantially affects the exercise of the auditor‑general’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 auditor‑general, the Speaker may ask 1 or more of the following for advice about the proposed suspension:
	(a)	the commissioner for public administration;
	(b)	anyone else the Speaker considers appropriate.
	(3)	If the Speaker suspends the auditor‑general, the Speaker must give the auditor-general written notice of the suspension and a copy of a statement of the reasons for the suspension.
Note	The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
	(4)	The suspension takes effect when the notice and statement are given to the auditor‑general under subsection (3).
	(5)	The auditor‑general may be suspended only under this section.
	(6)	The auditor‑general is entitled to be paid salary and allowances while suspended.
9BA	Suspension—public accounts committee notice and meetings
	(1)	If the Speaker suspends the auditor‑general, the Speaker must give written notice of the suspension and a copy of the statement of the reasons for the suspension to each member of the public accounts committee not later than the next business day, or if the committee has not been established, the next business day after the day the committee is established.
	(2)	The public accounts committee must meet in relation to the auditor‑general’s suspension—
	(a)	not later than 3 business days after the day the committee is given written notice of the suspension (the notice day); and
	(b)	at subsequent intervals of not longer than 30 days while the auditor‑general is suspended (a regular meeting).
	(3)	The public accounts committee must give the auditor‑general written notice that a regular meeting will be held at least 3 business days before the day the meeting is to be held.
	(4)	The auditor‑general may make an oral or written submission (or both) to the committee about the auditor‑general’s suspension.
	(5)	At each regular meeting, the public accounts committee must review the auditor‑general’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 auditor‑general’s appointment.
9BB	Suspension—ending suspension
	(1)	If the Speaker does not comply with section 9BA (1), the suspension ends at the end of the notice day.
	(2)	If the public accounts committee fails to hold a meeting as required under section 9BA (2), the suspension ends on the day after the last day when the meeting could have been held.
	(3)	If the public accounts committee makes a recommendation mentioned in section 9BA (5) (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; and
	(b)	if the committee makes a statement mentioned in paragraph (a) and—
	(i)	the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution; or
	(ii)	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 public accounts committee makes a statement mentioned in section 9BA (5) (b)—
	(a)	the Legislative Assembly may resolve to require the Speaker to end the auditor‑general’s appointment; but
	(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)	If the Speaker ends the auditor‑general’s suspension, the Speaker must give written notice of the ending of the suspension and a copy of a statement of the reasons for ending the suspension to the auditor‑general and the public accounts committee.
Note	The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
	(6)	In this section:
notice day—see section 9BA (2) (a).
9BC	Ending of appointment
	(1)	The Speaker must end the auditor‑general’s appointment if—
	(a)	the Legislative Assembly—
	(i)	passes a resolution under section 9BB (4) (a); or
	(ii)	otherwise resolves to require the Speaker to end the auditor‑general’s appointment—
	(A)	for misbehaviour; or
	(B)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the auditor‑general’s functions; or
	(b)	the auditor-general becomes bankrupt or personally insolvent.
	(2)	For a resolution mentioned in subsection (1) (a) (ii)—
	(a)	at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly—
	(i)	the Assembly must be given the notice of the motion and a statement of reasons for the motion; and
	(ii)	the Speaker must—
	(A)	give the auditor-general a copy of the notice and the statement of reasons; and
	(B)	tell the auditor-general that a written submission about the motion may be made to the Speaker not later than 3 days after the day the auditor-general is given the notice; and
	(b)	the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.
	(3)	The Speaker may end the auditor‑general’s appointment if the auditor‑general is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months.
	(4)	The auditor‑general’s appointment may be ended by the Speaker only under this section or section 9A (Retirement).
9BD	Leave of absence
The Speaker may approve leave of absence for the auditor-general on the terms the Speaker decides. 
11	Staff
Section 9C (3)
omit
12	New section 9DA
insert
9DA	Staff not subject to direction from others
	(1)	The auditor-general’s staff are not subject to direction from anyone other than the following people in relation to the exercise of the auditor-general’s functions:
	(a)	the auditor-general;
	(b)	another member of the auditor-general’s staff authorised by the auditor-general to give directions.
	(2)	In this section:
staff means—
	(a)	staff mentioned in section 9C; and
	(b)	a contractor mentioned in section 9D.
13	Reports for Legislative Assembly
New section 17 (5A)
insert
	(5A)	The Minister must present a written response to the report to the Legislative Assembly within 3 months after the day the report was presented to the Legislative Assembly.
14	Regulation-making power
New section 38 (2) and (3)
insert
	(2)	The Executive must consult with the auditor-general and the public accounts committee before making a regulation under this Act.
	(3)	Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences—
	(a)	if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or
	(b)	on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or
	(c)	if the regulation provides for a later date or time of commencement—on that date or at that time.
15	New part 10
insert
Part 10	Transitional—Officers of the Assembly Legislation Amendment Act 2013
50	Existing appointment of auditor-general
	(1)	This section applies to a person who, immediately before the commencement day, is the auditor-general appointed under the pre‑amendment Act.
	(2)	The person is taken to be appointed as the auditor-general under the post-amendment Act, section 8.
	(3)	The auditor-general must, within 1 month after the commencement day—
	(a)	take an oath of office, or make an affirmation of office, before the Speaker; and
Note	For the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
	(b)	give a written statement of the auditor-general’s personal and financial interests to the Speaker.
	(4)	In this section:
commencement day means the day the Officers of the Assembly Legislation Amendment Act 2013, section 3 commences.
post-amendment Act means the Act as in force on the commencement day.
pre-amendment Act means the Act as in force immediately before the commencement day.
51	Expiry—pt 10
This part expires 1 year 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).
16	Dictionary, note 2
insert
·	officer of the Assembly
·	territory law

Part 3	Electoral Act 1992
17	Division 2.1 heading
substitute
Division 2.1	Establishment and independence of electoral commission
18	New sections 6A and 6B
insert
6A	Officer of the Legislative Assembly
	(1)	A member of the electoral commission is an independent officer of the Legislative Assembly.
	(2)	The functions, powers, rights, immunities and obligations of the member of the electoral commission are as stated in this Act and other territory laws.
	(3)	There are no implied functions, powers, rights, immunities or obligations arising from the member of the electoral commission being an independent officer of the Legislative Assembly.
	(4)	The powers of the Legislative Assembly to act in relation to the member of the electoral commission are as stated in this Act and other territory laws.
	(5)	In subsection (4):
Legislative Assembly includes—
	(a)	the members of the Legislative Assembly; and
	(b)	the committees of the Legislative Assembly.
	(6)	There are no implied powers of the Legislative Assembly arising from the member of the electoral commission being an independent officer of the Legislative Assembly.
6B	Independence of member of the electoral commission
Subject to this Act and to other territory laws, a member of the electoral commission has complete discretion in the exercise of the member’s functions.
Division 2.2	Functions of electoral commission
19	Functions of electoral commission
Section 7 (1) (a) and (b)
omit
Minister
substitute
Assembly
20	Determination of fees
Section 8
relocate as section 340B
21	Special reports by electoral commission
Section 10A
omit
Minister
substitute
Speaker
22	Section 10A (2)
omit
within 6 sitting days
substitute
on the next sitting day
23	New section 10A (3)
insert
	(3)	The Minister must present a written response to the report to the Legislative Assembly within 3 months after the day the report was presented to the Legislative Assembly.
24	Division 2.2 heading and sections 11 and 12
substitute
Division 2.3 	Functions of electoral commissioner
Division 2.4	Appointment of members of electoral commission
12	Appointment
	(1)	The Speaker must, on behalf of the Territory, appoint the members of the electoral commission.
	(2)	The appointment must be made—
	(a)	on the advice of the relevant Assembly committee; and
	(b)	in consultation with the Chief Minister; and
	(c)	in consultation with the Leader of the Opposition; and
	(d)	in consultation with the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and
	(e)	in accordance with the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle).
	(3)	The Speaker must not appoint a person as a member of the electoral commission unless satisfied that the person has extensive knowledge of, and experience in—
	(a)	for the commissioner—
	(i)	electoral systems or management; or
	(ii)	public administration; or
	(b)	for a member of the electoral commission other than the commissioner—
	(i)	an area mentioned in paragraph (a); or
	(ii)	another area that is relevant to and consistent with the functions of a member of the electoral commission.
	(4)	A member of the electoral commission 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.
	(5)	The appointment is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
12AA	Acting appointment—commissioner
	(1)	Before the Speaker appoints a person to act as the commissioner, the Speaker must consult with the chair of the relevant Assembly committee about the proposed appointment.
	(2)	However, for a period of leave of absence approved by the Speaker under section 18E, the commissioner may appoint a person to act as commissioner after consulting with the Speaker.
25	Section 12A 
omit everything before paragraph (a), substitute
12A	Eligibility for appointment as electoral commission member
The Speaker must not appoint a person as a member of the electoral commission if the person—
26	Eligibility for appointment as chairperson
Section 12B
omit
Executive
substitute
Speaker
27	Sections 12AA, 12A and 12B (as amended)
renumber as sections 12A, 12B and 12C
28	Sections 13 to 17 and division 2.3 heading
substitute
13	Term of appointment 
A member of the electoral commission must be appointed for not longer than 5 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).
Division 2.5	Other provisions applying to electoral commission members
14	Oath or affirmation of office
Before a person is appointed as a member of the electoral commission, the person must take an oath of office, or make an affirmation of office, before the Speaker.
Note	For the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
15	Disclosure of interests—generally
A member of the electoral commission must give a written statement of the member’s personal and financial interests to the Speaker within 7 days after—
	(a)	the day the member is appointed; and
	(b)	the first day of each financial year; and
	(c)	the day there is a change in the interest.
16	Electoral commission member must not do inconsistent work etc
A member of the electoral commission must not—
	(a)	have paid employment that is inconsistent with the member’s functions; or
	(b)	engage in any unpaid activity that is inconsistent with the member’s functions.
17	Resignation
A member of the electoral commission may resign by giving a signed notice of resignation to the Speaker.
18	Retirement
	(1)	The Speaker may retire a member of the electoral commission on the ground of physical or mental incapacity if—
	(a)	the incapacity substantially affects the exercise of the member’s functions; and
	(b)	the member consents to the retirement.
	(2)	However, a member of the electoral commission must not be retired on the ground of invalidity unless—
	(a)	if the member of the electoral commission is an eligible employee for the Superannuation Act 1976 (Cwlth)—
	(i)	the member is under the member’s maximum retiring age within the meaning of that Act; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the member; or
	(b)	if the member of the electoral commission is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
	(i)	the member is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the member; or
	(c)	if the member of the electoral commission is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
	(i)	the member is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the member.
	(3)	In this section:
invalidity means—
	(a)	for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or
	(b)	for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or
	(c)	for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under that Act.
physical or mental incapacity includes invalidity.
18A	Suspension—generally
	(1)	The Speaker may suspend a member of the electoral commission on the ground of—
	(a)	misbehaviour; or
	(b)	physical or mental incapacity, if the incapacity substantially affects the exercise of the member’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 member, the Speaker may ask 1 or more of the following for advice about the proposed suspension:
	(a)	the commissioner for public administration;
	(b)	anyone else the Speaker considers appropriate.
	(3)	If the Speaker suspends the member, the Speaker must give the member written notice of the suspension and a copy of a statement of the reasons for the suspension.
Note	The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
	(4)	The suspension takes effect when the notice and statement are given to the member under subsection (3).
	(5)	The member may be suspended only under this section.
	(6)	The member is entitled to be paid salary and allowances while suspended.
18B	Suspension—relevant Assembly committee notice and meetings
	(1)	If the Speaker suspends a member of the electoral commission, the Speaker must give written notice of the suspension and a copy of the statement of the reasons for the suspension to each member of the relevant Assembly committee not later than the next business day, or if the committee has not been established, the next business day after the day the committee is established.
	(2)	The relevant Assembly committee must meet in relation to the member’s suspension—
	(a)	not later than 3 business days after the day the committee is given written notice of the suspension (the notice day); and
	(b)	at subsequent intervals of not longer than 30 days while the member is suspended (a regular meeting).
	(3)	The relevant Assembly committee must give the member of the electoral commission written notice that a regular meeting will be held at least 3 business days before the day the meeting is to be held.
	(4)	The member of the electoral commission may make an oral or written submission (or both) to the committee about the member’s suspension.
	(5)	At each regular meeting, the relevant Assembly committee must review the member’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 member’s appointment.
18C	Suspension—ending suspension
	(1)	If the Speaker does not comply with section 18B (1), the suspension ends at the end of the notice day.
	(2)	If the relevant Assembly committee fails to hold a meeting as required under section 18B (2), the suspension ends on the day after the last day when the meeting could have been held.
	(3)	If the relevant Assembly committee makes a recommendation mentioned in section 18B (5) (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; and
	(b)	if the committee makes a statement mentioned in paragraph (a) and—
	(i)	the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution; or
	(ii)	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 relevant Assembly committee makes a statement mentioned in section 18B (5) (b)—
	(a)	the Legislative Assembly may resolve to require the Speaker to end the member’s appointment; but
	(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)	If the Speaker ends the member’s suspension, the Speaker must give written notice of the ending of the suspension and a copy of a statement of the reasons for ending the suspension to the member and the relevant Assembly committee.
Note	The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
	(6)	In this section:
notice day—see section 18B (2) (a).
18D	Ending of appointment
	(1)	The Speaker must end the appointment of a member of the electoral commission if—
	(a)	the Legislative Assembly—
	(i)	passes a resolution under section 18C (4) (a); or
	(ii)	otherwise resolves to require the Speaker to end the member’s appointment—
	(A)	for misbehaviour; or
	(B)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or
	(b)	the member becomes bankrupt or personally insolvent.
	(2)	For a resolution mentioned in subsection (1) (a) (ii)—
	(a)	at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly—
	(i)	the Assembly must be given the notice of the motion and a statement of reasons for the motion; and
	(ii)	the Speaker must—
	(A)	give the member a copy of the notice and the statement of reasons; and
	(B)	tell the member that a written submission about the motion may be made to the Speaker not later than 3 days after the day the member is given the notice; and
	(b)	the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.
	(3)	The Speaker may end a member’s appointment if—
	(a)	the member contravenes section 21 (Disclosure of interests—meetings) without reasonable excuse; or
	(b)	for the commissioner—the commissioner is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months; or
	(c)	for a member other than the commissioner—the member is absent, except on leave granted by the Speaker, from 3 consecutive meetings of the electoral commission.
	(4)	The member’s appointment may be ended by the Speaker only under this section or section 18 (Retirement).
18E	Leave of absence
The Speaker may approve leave of absence for a member of the electoral commission on the terms the Speaker decides.
Division 2.6	Electoral commission meetings
29	Delegation by electoral commission
Section 20
relocate to division 2.7 as section 33B
30	Section 21 heading
substitute
21	Disclosure of interests—meetings
31	Part 3 heading, division 3.1 heading and section 22
omit
32	Functions of commissioner etc
Section 23
relocate to division 2.3 as section 11
33	Delegation by commissioner
Section 24
relocate to division 2.7 as section 33C
34	Sections 25 to 29
omit
35	Division 3.2 heading and section 31
substitute
Division 2.7	Staff of electoral commissioner etc
31	Staff
	(1)	The commissioner’s staff (other than staff mentioned in section 32 (1) (a)) must be employed under the Public Sector Management Act 1994.
	(2)	The commissioner has the powers mentioned in the Public Sector Management Act 1994, section 25 (3) (Powers of certain statutory office-holders) in relation to the commissioner’s staff.
36	Temporary staff and consultants
Section 32 (2)
omit
after consultation with the Executive
37	New section 33A
insert
33A	Staff not subject to direction from others
	(1)	The commissioner’s staff are not subject to direction from anyone other than the following people in relation to the exercise of the commissioner’s functions:
	(a)	the commissioner;
	(b)	another member of the commissioner’s staff authorised by the commissioner to give directions.
	(2)	In this section:
staff means—
	(a)	staff mentioned in section 31 (1) and section 32 (1) (a); and
	(b)	a consultant mentioned in section 32 (1) (b); and
	(c)	an officer mentioned in section 33.
38	Redistribution committees
Section 39 (4)
omit
in consultation with the Minister
39	Sections 53 (1) (a) and 54
omit
Minister
substitute
Speaker
40	Regulation-making power
New section 341 (3) and (4)
insert
	(3)	The Executive must consult with the electoral commission and the relevant Assembly committee before making a regulation under this Act. 
	(4)	Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences—
	(a)	if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or
	(b)	on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or
	(c)	if the regulation provides for a later date or time of commencement—on that date or at that time.
41	New part 32
insert
Part 32	Transitional—Officers of the Assembly Legislation Amendment Act 2013
515	Existing appointment of electoral commission members
	(1)	This section applies to a person who, immediately before the commencement day, is a member of the electoral commission appointed under the pre‑amendment Act.
	(2)	The person is taken to be appointed as a member of the electoral commission under the post-amendment Act, section 12.
	(3)	The member must, within 1 month after the commencement day—
	(a)	take an oath of office, or make an affirmation of office, before the Speaker; and
Note	For the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
	(b)	give a written statement of the member’s personal and financial interests to the Speaker.
	(4)	In this section:
commencement day means the day the Officers of the Assembly Legislation Amendment Act 2013, section 3 commences.
post-amendment Act means the Act as in force on the commencement day.
pre-amendment Act means the Act as in force immediately before the commencement day.
516	Expiry—pt 32
This part expires 1 year 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).
42	Dictionary, definition of commissioner
omit
section 22
substitute
section 12
43	Dictionary, definition of member
omit
44	Dictionary, new definition of relevant Assembly committee
insert
relevant Assembly committee means the committee of the Legislative Assembly whose functions include the examination of electoral matters.
45	Further amendments, mentions of s 8
omit
s 8
substitute
s 340B
in
·	section 61 (2), note
·	section 62 (2), note
·	section 243 (4), note
·	section 333 (2), note

Part 4	Ombudsman Act 1989
46	Functions—generally
Section 4A
renumber as section 4C
47	New sections 4A and 4B
insert
4A	Officer of the Legislative Assembly
	(1)	The ombudsman is an independent officer of the Legislative Assembly.
	(2)	The functions, powers, rights, immunities and obligations of the ombudsman are as stated in this Act and other territory laws.
	(3)	There are no implied functions, powers, rights, immunities or obligations arising from the ombudsman being an independent officer of the Legislative Assembly.
	(4)	The powers of the Legislative Assembly to act in relation to the ombudsman are as stated in this Act and other territory laws.
	(5)	In subsection (4):
Legislative Assembly includes—
	(a)	the members of the Legislative Assembly; and
	(b)	the committees of the Legislative Assembly.
	(6)	There are no implied powers of the Legislative Assembly arising from the ombudsman being an independent officer of the Legislative Assembly.
4B	Independence of ombudsman
Subject to this Act and to other territory laws, the ombudsman has complete discretion in the exercise of the ombudsman’s functions.
48	Power to obtain information and documents
Section 11 (5) and (6)
omit
49	Power to enter premises
Section 17 (2)
omit
, other than documents to which a certificate under section 11 (5) or (6) applies,
50	Sections 19 and 20 
substitute
19	Reports to Speaker
	(1)	This section applies if the ombudsman—
	(a)	gives an agency a report under section 18; and
	(b)	considers that action that is adequate and appropriate in the circumstances is not taken within a reasonable time in relation to a matter or recommendation stated in the report.
	(2)	After having regard to any comments given to the ombudsman by the agency in relation to the report, the ombudsman may give the report and any comments from the agency about the report (the final report)—
	(a)	to the Chief Minister for a written response; or
	(b)	if the ombudsman considers that in the circumstances it is appropriate for the final report to be given directly to the Speaker—to the Speaker. 
	(3)	If the ombudsman gives the Chief Minister the final report under subsection (2) (a), the ombudsman may give the Speaker the final report if—
	(a)	the ombudsman considers that the Chief Minister’s written response is not adequate or appropriate; or
	(b)	the Chief Minister has not given the ombudsman a written response within a reasonable time.
	(4)	The Speaker must present the final report to the Legislative Assembly on the first sitting day after receiving the report.
	(5)	The Minister must present a written response to the final report to the Legislative Assembly within 3 months after the day the report was presented to the Legislative Assembly.
51	Reports to the Legislative Assembly
Section 21
omit
Minister
substitute
Speaker
52	Section 21
omit
18, 19 and 20
substitute
18 and 19
53	Section 21 (2)
omit
within 15 sitting days
substitute
on the next sitting day
54	New section 21 (3)
insert
	(3)	The Minister must present a written response to the report to the Legislative Assembly within 3 months after the day the report was presented to the Legislative Assembly.
55	Section 22
substitute
22	Appointment
	(1)	The Speaker may, on behalf of the Territory, appoint a person who is not the Commonwealth ombudsman as the ombudsman.
Note	The person holding office as the Commonwealth ombudsman is taken to be the ACT ombudsman until an appointment is made under this Act (see A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), s 28).
	(2)	The appointment must be made—
	(a)	on the advice of the relevant Assembly committee; and
	(b)	in consultation with the Chief Minister; and
	(c)	in consultation with the Leader of the Opposition; and
	(d)	in consultation with the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and
	(e)	in accordance with the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle).
	(3)	The Speaker must not appoint a person as the ombudsman unless satisfied that the person has extensive knowledge of, and experience in—
	(a)	public administration; or
	(b)	dispute resolution; or
	(c)	complaint handling.
	(4)	The Speaker must not appoint a person as the ombudsman if the person has been a public servant at any time during the preceding 2 years.
	(5)	However, subsection (4) does not apply to a person who has, during the preceding 2 years, been employed as a member of the staff of an officer of the Assembly.
	(6)	The appointment is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
56	Section 24 (1) and heading
substitute
24	Terms of appointment
	(1)	The ombudsman 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.
57	New sections 24A to 24C
insert
24A	Oath or affirmation of office
		Before a person is appointed as ombudsman, the person must take an oath of office, or make an affirmation of office, before the Speaker.
Note	For the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
24B	Disclosure of interests
The ombudsman must give a written statement of the ombudsman’s personal and financial interests to the Speaker within 7 days after—
	(a)	the day the ombudsman is appointed; and
	(b)	the first day of each financial year; and
	(c)	the day there is a change in the interest.
24C	Ombudsman must not do inconsistent work etc
The ombudsman must not—
	(a)	have paid employment that is inconsistent with the ombudsman’s functions; or
	(b)	engage in any unpaid activity that is inconsistent with the ombudsman’s functions.
58	Leave of absence
Section 25 (1)
substitute
	(1)	The Speaker may approve leave of absence for the ombudsman on the terms the Speaker decides.
59	Sections 27 and 28
substitute
27	Retirement
	(1)	The Speaker may retire the ombudsman on the ground of physical or mental incapacity if—
	(a)	the incapacity substantially affects the exercise of the ombudsman’s functions; and
	(b)	the ombudsman consents to the retirement.
	(2)	However, the ombudsman must not be retired on the ground of invalidity unless—
	(a)	if the ombudsman is an eligible employee for the Superannuation Act 1976 (Cwlth)—
	(i)	the ombudsman is under the ombudsman’s maximum retiring age within the meaning of that Act; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the ombudsman; or
	(b)	if the ombudsman is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
	(i)	the ombudsman is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the ombudsman; or
	(c)	if the ombudsman is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
	(i)	the ombudsman is under 60 years old; and
	(ii)	a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the ombudsman.
	(3)	In this section:
invalidity means—
	(a)	for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or
	(b)	for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or
	(c)	for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under that Act.
physical or mental incapacity includes invalidity.
28	Resignation
The ombudsman may resign by giving a signed notice of resignation to the Speaker.
28A	Suspension—generally
	(1)	The Speaker may suspend the ombudsman on the ground of—
	(a)	misbehaviour; or
	(b)	physical or mental incapacity, if the incapacity substantially affects the exercise of the ombudsman’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 ombudsman, the Speaker may ask 1 or more of the following for advice about the proposed suspension:
	(a)	the commissioner for public administration;
	(b)	anyone else the Speaker considers appropriate.
	(3)	If the Speaker suspends the ombudsman, the Speaker must give the ombudsman written notice of the suspension and a copy of a statement of the reasons for the suspension.
Note	The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
	(4)	The suspension takes effect when the notice and statement are given to the ombudsman under subsection (3).
	(5)	The ombudsman may be suspended only under this section.
	(6)	The ombudsman is entitled to be paid salary and allowances while suspended.
28B	Suspension—relevant Assembly committee notice and meetings
	(1)	If the Speaker suspends the ombudsman, the Speaker must give written notice of the suspension and a copy of the statement of the reasons for the suspension to each member of the relevant Assembly committee not later than the next business day, or if the committee has not been established, the next business day after the day the committee is established.
	(2)	The relevant Assembly committee must meet in relation to the ombudsman’s suspension—
	(a)	not later than 3 business days after the day the committee is given written notice of the suspension (the notice day); and
	(b)	at subsequent intervals of not longer than 30 days while the ombudsman is suspended (a regular meeting).
	(3)	The relevant Assembly committee must give the ombudsman written notice that a regular meeting will be held at least 3 business days before the day the meeting is to be held.
	(4)	The ombudsman may make an oral or written submission (or both) to the committee about the ombudsman’s suspension.
	(5)	At each regular meeting, the relevant Assembly committee must review the ombudsman’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 ombudsman’s appointment.
28C	Suspension—ending suspension
	(1)	If the Speaker does not comply with section 28B (1), the suspension ends at the end of the notice day.
	(2)	If the relevant Assembly committee fails to hold a meeting as required under section 28B (2), the suspension ends on the day after the last day when the meeting could have been held.
	(3)	If the relevant Assembly committee makes a recommendation mentioned in section 28B (5) (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; and
	(b)	if the committee makes a statement mentioned in paragraph (a) and—
	(i)	the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution; or
	(ii)	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 relevant Assembly committee makes a statement mentioned in section 28B (5) (b)—
	(a)	the Legislative Assembly may resolve to require the Speaker to end the ombudsman’s appointment; but
	(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)	If the Speaker ends the ombudsman’s suspension, the Speaker must give written notice of the ending of the suspension and a copy of a statement of the reasons for ending the suspension to the ombudsman and the relevant Assembly committee.
Note	The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
	(6)	In this section:
notice day—see section 28B (2) (a).
28D	Ending of appointment
	(1)	The Speaker must end the ombudsman’s appointment if—
	(a)	the Legislative Assembly—
	(i)	passes a resolution under section 28C (4) (a); or
	(ii)	otherwise resolves to require the Speaker to end the ombudsman’s appointment—
	(A)	for misbehaviour; or
	(B)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the ombudsman’s functions; or
	(b)	the ombudsman becomes bankrupt or personally insolvent.
	(2)	For a resolution mentioned in subsection (1) (a) (ii)—
	(a)	at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly—
	(i)	the Assembly must be given the notice of the motion and a statement of reasons for the motion; and
	(ii)	the Speaker must—
	(A)	give the ombudsman a copy of the notice and the statement of reasons; and
	(B)	tell the ombudsman that a written submission about the motion may be made to the Speaker not later than 3 days after the day the ombudsman is given the notice; and
	(b)	the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.
	(3)	The Speaker may end the ombudsman’s appointment if the ombudsman is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months.
	(4)	The ombudsman’s appointment may be ended by the Speaker only under this section or section 27 (Retirement).
60	Acting appointment
New section 29 (2) and (3)
insert
	(2)	If the Commonwealth ombudsman does not hold the office of ombudsman, before the Speaker appoints a person to act as the ombudsman, the Speaker must consult with the chair of the relevant Assembly committee about the proposed appointment.
	(3)	However, for a period of leave of absence approved by the Speaker under section 25 (1) or mentioned in section 25 (2), the ombudsman may appoint a person to act as ombudsman after consulting with the Speaker.
61	Section 30 
substitute
30 	Staff
	(1)	The ombudsman’s staff must—
	(a)	be employed under the Public Sector Management Act 1994; and
	(b)	if the Commonwealth ombudsman holds the office of ombudsman—be a person mentioned in paragraph (a) or a person appointed or employed under the Public Service Act 1999 (Cwlth).
	(2)	The ombudsman’s staff are not subject to direction from anyone other than the following people in relation to the exercise of the ombudsman’s functions:
	(a)	the ombudsman;
	(b)	another member of the ombudsman’s staff authorised by the ombudsman to give directions.
62	Section 32
substitute
32	Delegation
The ombudsman may delegate the ombudsman’s functions under this Act to a member of the staff assisting the ombudsman.
63	Section 33 (5)
omit
64	Disclosure of information by ombudsman
Section 34 (4)
omit
(other than section 33 (5))
65	Determination of fees and witness expenses etc
Section 37
omit
The Minister may
substitute
The Speaker may, after consulting with the ombudsman,
66	Regulation-making power
New section 38 (2) and (3)
after the note, insert
	(2)	The Executive must consult with the ombudsman and the relevant Assembly committee before making a regulation under this Act.
	(3)	Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences—
	(a)	if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or
	(b)	on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or
	(c)	if the regulation provides for a later date or time of commencement—on that date or at that time.
67	New part 10
insert
Part 10	Transitional—Officers of the Assembly Legislation Amendment Act 2013
50	Existing appointment of ombudsman
	(1)	This section applies to a person who, immediately before the commencement day, is the ombudsman appointed under the pre‑amendment Act.
	(2)	The person is taken to be appointed as the ombudsman under the post-amendment Act, section 22.
	(3)	The ombudsman must, within 1 month after the commencement day—
	(a)	take an oath of office, or make an affirmation of office, before the Speaker; and
Note	For the form of the oath and affirmation of office, see the Oaths and Affirmations Act 1984, s 6 and sch 1.
	(b)	give a written statement of the ombudsman’s personal and financial interests to the Speaker.
	(4)	In this section:
commencement day means the day the Officers of the Assembly Legislation Amendment Act 2013, section 3 commences.
post-amendment Act means the Act as in force on the commencement day.
pre-amendment Act means the Act as in force immediately before the commencement day.
51	Expiry—pt 10
This part expires 1 year 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).
68	Dictionary, note 2
insert
·	Legislative Assembly
·	officer of the Assembly
·	Speaker
69	Dictionary, new definition of relevant Assembly committee
insert
relevant Assembly committee means the committee of the Legislative Assembly whose functions include the examination of matters related to the integrity and accountability of public administration.

Schedule 1	Other amendments
(see s 3)
Part 1.1	Annual Reports (Government Agencies) Act 2004
[1.1]	Section 6 (2), note
substitute
Note	An annual report direction does not apply to an annual report of the Office of the Legislative Assembly or an officer of the Assembly (see s 9 (2)).
[1.2]	Section 6 (3)
substitute
	(3)	The report of the following entities must include an account of the management of the entity’s office during the financial year:
	(a)	the Office of the Legislative Assembly; 
	(b)	an officer of the Assembly.
[1.3]	Section 9 (2)
substitute
	(2)	However, an annual report direction does not apply to an annual report of—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.4]	Section 11 (2)
substitute
	(2)	This section does not apply to an annual report of—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the 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 Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.6]	Section 15 
substitute
15	Presentation of annual reports of Office of the Legislative Assembly and officers of the Assembly
	(1)	This section applies to an annual report of the following entities:
	(a)	the Office of the Legislative Assembly; 
	(b)	an officer of the 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 clerk of the Legislative Assembly or the officer of the 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 clerk or officer 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 clerk or officer, the Speaker may present the report to the Legislative Assembly after the time required under subsection (2) or (3).
	(5)	If subsection (4) applies, the Speaker must present the report to the Legislative Assembly as soon as practicable.
[1.7]	New section 19
insert
19	References to officer of the Assembly
For this Act, a reference to an officer of the Assembly, in relation to the electoral commissioner, includes the other members of the electoral commission.
Note	The electoral commissioner is an officer of the Assembly (see Legislation Act, dict, pt 1). All members of the electoral commission are independent officers of the Legislative Assembly (see the Electoral Act 1992, s 6A). 
[1.8]	Dictionary, note 2
insert
·	electoral commission
·	electoral commissioner
·	officer of the Assembly
[1.9]	Dictionary, definition of public authority, paragraph (d) and (e)
substitute
	(d)	the Office of the Legislative Assembly; or
	(e)	an officer of the Assembly.
Part 1.2	Financial Management Act 1996
[1.10]	Section 4 
substitute
4	Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly
	(1)	Unless the contrary intention appears, the provisions of parts 2 to 5 apply to—
	(a)	the Office of the Legislative Assembly as if—
	(i)	a reference in those provisions to a directorate included a reference to the office; and
	(ii)	a reference in those provisions to the responsible Minister of a directorate were a reference to the Speaker; and
	(iii)	a reference in those provisions to the responsible director‑general of a directorate included a reference to the clerk of the Legislative Assembly; and
	(b)	an officer of the Assembly as if—
	(i)	a reference in those provisions to a directorate included a reference to the officer; and
	(ii)	a reference in those provisions to the responsible Minister of a directorate were a reference to the Speaker; and
	(iii)	a reference in those provisions to the responsible director‑general of a directorate included a reference to the officer.
	(2)	For parts 2 to 5, a reference to an officer of the Assembly, in relation to the electoral commissioner, includes the other members of the electoral commission.
Note	The electoral commissioner is an officer of the Assembly (see Legislation Act, dict, pt 1). All members of the electoral commission are independent officers of the Legislative Assembly (see Electoral Act 1992, s 6A). 
[1.11]	New section 8 (4)
insert
	(4)	Any appropriation for an officer of the Assembly must be contained in an Appropriation Act for an appropriation for the Office of the Legislative Assembly.
[1.12]	Section 12 (2)
substitute
	(2)	Subsection (1) (b) does not apply to—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.13]	New sections 20AB and 20AC
in division 2.1, insert
20AB	Recommended appropriation for officers of the Assembly
		Before the beginning of a financial year, the Speaker must for an officer of the Assembly—
	(a)	after consultation with the officer and the appropriate committee of the Legislative Assembly, advise the Treasurer of the appropriation that the Speaker considers should be made for the officer for the financial year (the recommended appropriation); and
	(b)	present the recommended appropriation to the Assembly; and
	(c)	give the Treasurer a draft budget for the officer for the financial year that contains the information mentioned in section 12 that applies to the officer.
20AC	Appropriation for officers of the Assembly
	(1)	This section applies if—
	(a)	the Treasurer presents a bill for an Appropriation Act for the appropriation for an officer of the Assembly relating to a financial year in the Legislative Assembly; and
	(b)	the appropriation is less than the recommended appropriation for the office 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 20AB.
[1.14]	Dictionary, note 2
insert
·	electoral commission
·	electoral commissioner
·	officer of the Assembly
Part 1.3	Government Procurement Act 2001
[1.15]	Section 3 (1), definition of Territory entity, paragraph (a)
substitute
	(a)	means—
	(i)	an administrative unit; or
	(ii)	a Territory entity under the Auditor-General Act 1996; or
	(iii)	the Office of the Legislative Assembly; or
	(iv)	an officer of the Assembly; and
[1.16]	Section 8 (2)
substitute
	(2)	However, the Minister must not give written directions to the board about the exercise of its functions in relation to—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.17]	Section 9 (1) (b)
substitute
	(b)	the Speaker the reports the Speaker requires in relation to—
	(i)	the Office of the Legislative Assembly; and
	(ii)	an officer of the Assembly.
[1.18]	Section 9 (2)
substitute
	(2)	However, the Minister may not ask the board for a report in relation to—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.19]	Section 10 (2)
substitute
	(2)	However, the Minister may not ask the board for information about its operations in relation to—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.20]	Section 22B (3), definition of procurement proposal
substitute
procurement proposal does not include a procurement proposal by—
	(a)	the Office of the Legislative Assembly; and
	(b)	an officer of the Assembly.
[1.21]	Section 22C (2)
substitute
	(2)	However, a procurement proposal or activity may only be referred to the board for review and advice—
	(a)	for the Office of the Legislative Assembly—by the Speaker; and
	(a)	for an officer of the Assembly—the officer.
[1.22]	Dictionary, note 2
insert
·	officer of the Assembly
[1.23]	Dictionary, definition of responsible chief executive officer, new paragraph (e)
insert
	(e)	for an officer of the Assembly—the officer.
Part 1.4	Government Procurement Regulation 2007
[1.24]	Section 13 (3), definition of territory entities
substitute
territory entities does not include—
	(a)	the Office of the Legislative Assembly; and
	(b)	an officer of the Assembly.
Part 1.5	Legislation Act 2001
[1.25]	Dictionary, part 1, new definition of officer of the Assembly
insert
officer of the Assembly means—
	(a)	the auditor-general; or
	(b)	the electoral commissioner; or
	(c)	the ombudsman.
Part 1.6	Public Interest Disclosure Act 2012
[1.26]	Section 13 (b)
substitute
	(b)	for a Legislative Assembly entity other than an officer of the Assembly—the clerk of the Legislative Assembly;
	(ba)	for an officer of the Assembly—the officer;
[1.27]	Dictionary, note 2
insert
·	officer of the Assembly
[1.28]	Dictionary, definition of Legislative Assembly entity, new paragraph (d)
insert
	(d)	an officer of the Assembly.
Part 1.7	Public Sector Management Act 1994
[1.29]	Section 22AA heading
substitute
22AA	Investigative powers of commissioner and Legislative Assembly entities
[1.30]	Section 22AA (1)
omit
the Office of the Legislative Assembly
substitute
a Legislative Assembly entity
[1.31]	Section 22AA (4), new definition of Legislative Assembly entity
insert
Legislative Assembly entity means—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.32]	Section 43 (2), definition of autonomous instrumentality
substitute
autonomous instrumentality does not include—
	(a)	the Office of the Legislative Assembly; or
	(b)	an officer of the Assembly.
[1.33]	Dictionary, note 2
insert
·	officer of the Assembly
[1.34]	Dictionary, definition of autonomous instrumentality, paragraph (a)
omit
[1.35]	Dictionary, definition of autonomous instrumentality, new paragraph (d)
insert
	(d)	an officer of the Assembly.
[1.36]	Dictionary, definition of chief executive officer, paragraph (b) (i)
omit
[1.37]	Dictionary, definition of chief executive officer, new paragraph (b) (iv)
insert
	(iv)	for an officer of the Assembly—the officer.

Part 1.8	Referendum (Machinery Provisions) Act 1994
[1.38]	New section 21 (4), (5) and (6)
insert
	(4)	The Executive must consult with the electoral commission and the relevant Assembly committee before making a regulation under this Act. 
	(5)	Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences—
	(a)	if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or
	(b)	on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or
	(c)	if the regulation provides for a later date or time of commencement—on that date or at that time.
	(6)	In this section:
relevant Assembly committee—has the same meaning as in the Electoral Act, dictionary.
Part 1.9	Territory Records Act 2002
[1.39]	New section 7 (ea)
insert
	(ea)	an officer of the Assembly; or
[1.40]	New section 8 (ea)
insert
	(ea)	for the office of an officer of the Assembly—the officer; or
[1.41]	Dictionary, note 2
insert
·	officer of the Assembly

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 15 August 2013.
2	Notification
	Notified under the Legislation Act on	2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013