Australian Capital Territory
Heritage (Council Member) Appointment 2017 (No 1)

Disallowable instrument DI2017–48

made under the 

Heritage Act 2004, section 17 (Members of council)

EXPLANATORY STATEMENT

Overview
Section 16 of the Heritage Act 2004 (the Act) establishes the ACT Heritage Council.  Members of the council, including the Chair and Deputy Chair, are appointed by the Minister under section 17 of the Act. Members of the council are appointed as public representatives or as experts in a particular field.

Appointment
This instrument appoints Professor Nicholas Brown (expert in the discipline of history, as per section 17(4)(f) of the Act) as a member of the ACT Heritage Council for a period of three years.

The appointee is not an ACT Public Servant and this instrument makes an appointment to which the Legislation Act 2001, Division 19.3.3 applies. Accordingly, under s 229 of the Legislation Act, the appointment instrument is a disallowable instrument.

This appointment has been made by the Minister for the Environment and Heritage. The Standing Committee on Environment and Transport and City Services has been consulted in accordance with section 228 of the Legislation Act 2001 (Consultation with appropriate Assembly committee) and offered no recommendation in relation to the appointment.

Section 17 of the Act requires the Council to be made up of public representatives representing certain groups or experts representing one of the listed disciplines. This appointment, combined with the appointments of other Council members, ensures that the membership requirements for the Council are met. The other Council appointments can be found on the ACT Legislation Register at http://www.legislation.act.gov.au/a/2004-57/appointment.asp 

A Regulatory Impact (RIS) is not required for this disallowable instrument as it is
unlikely to impose appreciable costs on the community (section 34(1) of the
Legislation Act). Further, in accordance with section 36(1)(b) of the Legislation Act, a
RIS is not necessary as the matter does not operate to the disadvantage of anyone by
adversely affecting the person’s rights or imposing liabilities on the person.

Outline of provisions

Section 1 – Name of Instrument
This section names the instrument.

Section 2 – Commencement
This section states that the instrument commences on 12 June 2017.

Section 3 – Appointment
This section appoints Professor Nicholas Brown to be a member of the 
ACT Heritage Council.

Section 4 – Term
This section states that the appointment is for the period 12 June 2017 to 11 June 2020. This is a period of three years.