2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Chief Minister)
Annual Reports (Government Agencies) Amendment Bill 2014

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

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Chief Minister)
Annual Reports (Government Agencies) Amendment Bill 2014

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

    

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

1	Name of Act
This Act is the Annual Reports (Government Agencies) Amendment Act 2014.
2	Commencement
This Act commences on the 7th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Annual Reports (Government Agencies) Act 2004.
Note	This Act also amends other legislation (see sch 1).
4	Sections 5 to 9
substitute
5	Annual report of director‑general
	(1)	The director‑general of an administrative unit must, for a reporting year, prepare a report about the operation of the administrative unit in the reporting year (a director‑general annual report).
	(2)	The report must include a statement describing the measures taken by the administrative unit during the reporting year to respect, protect and promote human rights.
6	Annual report of public authority
	(1)	A public authority must, for a reporting year, prepare a report about the operation of the authority in the reporting year (a public authority annual report).
	(2)	The report of the following public authorities must include an account of the management of the entity’s office during the reporting year:
	(a)	the Office of the Legislative Assembly; 
	(b)	an officer of the Assembly.
Note	The auditor-general is a public authority (see dict, def public authority).  However, the auditor-general is not required to comply with this Act in certain circumstances (see Auditor-General Act 1996, s 7A).
7	Annual report of commissioner for public administration
	(1)	The commissioner for public administration must, for a reporting year, prepare a report about the operation of the public service in the reporting year (a state of the service report).
	(2)	The report must include an account of the management of the public service as a whole in the reporting year.
8	Annual report direction
	(1)	The Minister must make a direction about annual reports (an annual report direction).
Note	Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).
	(2)	An annual report, other than an annual report of the following entities, must comply with the annual report direction:
	(a)	the Office of the Legislative Assembly; 
	(b)	an officer of the Assembly.
	(3)	The annual report direction may require the following:
	(a)	an annual report to include stated information; 
	(b)	an annual report to be in a stated form or published in a stated place;
	(c)	all or part of an annual report to be included in another annual report (as an attachment or otherwise);  
	(d)	an annual report or part of an annual report to be prepared for a stated period; 
	(e)	a director‑general annual report to include stated matters if a public authority does not comply with section 6 (Annual report of public authority) or the annual report direction;
	(f)	an annual report to be given by a stated person or stated public authority to the responsible Minister by a stated day; 
	(g)	for a public authority annual report—the report to include a statement describing the measures taken by the public authority during the reporting year to respect, protect and promote human rights.
	(4)	An annual report direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The Minister must present a copy of an annual report direction to the Legislative Assembly within 6 sitting days after the day it is notified under the Legislation Act.
9	Consultation about annual report direction
	(1)	Before making an annual report direction under section 8, the Minister must—
	(a)	give the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts (the committee) a copy of the proposed annual report direction; and
	(b)	ask the committee, in writing, for any recommendation about the proposed annual report direction; and
	(c)	consider any recommendation made, in writing, by the committee.
	(2)	The Minister must not make the annual report direction until the earlier of—
	(a)	the committee giving the Minister any recommendation; or
	(b)	30 days after asking the committee for a recommendation.
5	Responsible Minister to present annual report
Section 13 (1) (a)
substitute
	(a)	within 4 months after the end of the reporting year (the 4‑month period); and
6	Sections 13 and 14
omit
3-month
substitute
4-month
7	Section 14 (8)
omit
3-month period
substitute
4-month period
8	Presentation of annual report of Office of the Legislative Assembly and officers of the Assembly
Section 15 (2)
omit
3 months after the end of the financial year (the 3-month period)
substitute
4 months after the end of the reporting year (the 4-month period)
9	Section 15 (3)
omit
3-month
substitute
4-month
10	Declaration of public authority
Section 16 (1) and (2)
substitute
	(1)	The Minister may declare that a statutory office-holder is a public authority for this Act.
	(2)	The Minister may declare that a body established under an Act is a public authority for this Act.
Note	Body includes any group of people joined together for a common purpose, whether or not incorporated (see Legislation Act, dict, pt 1).
11	Combined reports
Section 17 (1) (a)
omit
financial year
substitute
reporting year
12	Dictionary, note 2
insert
·	body
·	financial year
·	territory instrumentality
13	Dictionary, definition of financial year
omit
14	Dictionary, definition of public authority,
new paragraph (aa)
insert
	(aa)	a territory-owned corporation; or
15	Dictionary, definition of public authority, paragraph (c)
omit
an entity
substitute
a body
16	Dictionary, new definition of reporting year
insert
reporting year—
	(a)	means—
	(i)	a financial year; or 
	(ii)	if a period is stated in an annual report direction under section 8 (3) (d) (Annual report direction)—the stated period; but
	(b)	if an administrative unit or public authority did not operate for all of the period mentioned in paragraph (a)—does not include the period during which the administrative unit or public authority did not operate.
17	Dictionary, definition of Territory instrumentality
omit

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

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 November 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014