Australian Capital Territory
Heritage (Council Deputy Chairperson) Appointment 2018 (No 1)

Disallowable instrument DI2018–18

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 (the council).  Members of the council, including the Chairperson and Deputy Chairperson, 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 Dr Kenneth Heffernan (member of the ACT Heritage Council) as Deputy Chairperson, as per section 17(2) of the Act, 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 a Chairperson and Deputy Chairperson to be appointed from members of the Council. 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 Statement (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 2 March 2018.

Section 3 – Appointment
This section appoints Dr Kenneth Heffernan to be Deputy Chairperson of the 
ACT Heritage Council.

Section 4 – Term
This section states that the appointment is for the period 2 March 2018 to 
1 March 2021. This is a period of three years.