Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ANNUAL REPORTS LEGISLATION AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Annual
Reports Legislation Amendment Bill 2004
Contents
Page
Part 1.1 ACTION
Authority Act 2001 3
Part
1.2 Administrative Appeals Tribunal Act
1989 3
Part
1.3 Auditor-General Act
1996 4
Part 1.4 Australian
Capital Tourism Corporation Act 1997 4
Part 1.5 Board of
Senior Secondary Studies Act 1997 5
Part 1.6 Bushfire
Act 1936 5
Part
1.7 Commissioner for the Environment Act
1993 6
Part 1.8 Community
and Health Services Complaints Act 1993 7
Part
1.9 Confiscation of Criminal Assets Act
2003 8
Part 1.10 Cultural
Facilities Corporation Act 1997 9
Part 1.11 Director
of Public Prosecutions Act 1990 9
Part 1.12 Electoral
Act 1992 10
Part
1.13 Environment Protection Act
1997 10
Part 1.14 Fire
Brigade (Administration) Act 1974 11
Part 1.15 Freedom of
Information Act 1989 11
Part 1.16 Gambling
and Racing Control Act 1999 13
Part 1.17 Government
Procurement Act 2001 14
Part 1.18 Health
Promotion Act 1995 14
Part 1.19 Hotel
School Act 1996 15
Part
1.20 Independent Competition and Regulatory
Commission Act 1997 15
Part 1.21 Mental
Health (Treatment and Care) Act 1994 16
Part 1.22 National
Exhibition Centre Trust Act 1976 17
Part 1.23 Nature
Conservation Act 1980 17
Part
1.24 Occupational Health and Safety Act
1989 18
Part 1.25 Ombudsman
Act 1989 18
Part 1.26 Planning
and Land Act 2002 19
Part 1.27 Public
Interest Disclosure Act 1994 20
Part 1.28 Public
Sector Management Act 1994 20
Part 1.29 Racing Act
1999 22
Part 1.30 Schools
Authority Act 1976 22
Part 1.31 Stadiums
Authority Act 2000 22
Part 1.32 Territory
Owned Corporations Act 1990 23
Part 1.33 Territory
Records Act 2002 24
Part 1.34 Tertiary
Accreditation and Registration Act 2003 24
Part 1.35 Utilities
Act 2000 25
Part 1.36 Victims of
Crime Act 1994 25
Part 1.37 Victims of
Crime (Financial Assistance) Act 1983 26
Part 1.38 Vocational
Education and Training Act 2003 27
Part 1.39 Waste
Minimisation Act 2001 27
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Annual Reports
Legislation Amendment Bill 2004
A Bill for
An Act to amend legislation because of the enactment of the
Annual Reports (Government Agencies) Act
2004
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Annual Reports Legislation Amendment Act
2004.
This Act commences on the commencement of the Annual Reports (Government
Agencies) Act 2004, section 3.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 ACTION Authority Act
2001
substitute
34 Authority’s annual
report
A report prepared by the authority under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given under section 25 (Ministerial
directions) during the year; and
(b) a statement by the authority about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.2 Administrative Appeals Tribunal
Act 1989
substitute
(5) In this section:
tribunal’s annual report means the report prepared by
the tribunal under the Annual Reports (Government Agencies) Act 2004.
Part
1.3 Auditor-General Act
1996
substitute
(5) A report prepared by the auditor-general under the Annual Reports
(Government Agencies) Act 2004 for a financial year must include details of
the basis on which audit fees were decided for the year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.4 Australian Capital Tourism
Corporation Act 1997
substitute
29 Corporation’s annual
report
A report prepared by the corporation under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under section 27 (Ministerial
directions) during the year; and
(b) a statement by the corporation about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.5 Board of Senior Secondary Studies
Act 1997
substitute
(4) A report prepared by the board under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given under this section during the year;
and
(b) a statement by the board about action taken during the year to give
effect to any direction given (whether before or during the year) under this
section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.6 Bushfire Act
1936
substitute
(1) In this section:
annual report, of an agency, means—
(a) a report under the Annual Reports (Government Agencies) Act
2004 for the agency; or
(b) a report under subsection (5).
substitute
(5) If a report under the Annual Reports (Government Agencies) Act
2004 is not required for an agency during any part of a financial year, the
manager (however described) of the agency must give the Minister a report for
that part of the year.
Part
1.7 Commissioner for the Environment
Act 1993
substitute
(8) If the commissioner decides not to investigate a complaint during a
financial year, the report prepared by the commissioner under the Annual
Reports (Government Agencies) Act 2004 for the year must include details of
the decision, including the reasons for the decision.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
substitute
20 Information to be included in commissioner’s
annual report
A report prepared by the commissioner under the Annual Reports
(Government Agencies) Act 2004 for a financial year must include details
of—
(a) any special factor that the commissioner believes had a significant
impact on the environment during the year; and
(b) measures taken during the year by or for the Territory in relation to
the implementation of any recommendation in a state of the environment report
under section 19 or special report under section 21; and
(c) any recommendation in a report mentioned in paragraph (b) that the
commissioner believes is still to be implemented or fully implemented.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
substitute
23 Information to be included in agency annual
reports
A report prepared by an agency under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include details
of—
(a) any request under section 18 (Assistance to commissioner) received by
the agency during the year; and
(b) any assistance provided by the agency during the year in response to
the request; and
(c) any investigation by the commissioner during the year in relation to
any activity of the agency; and
(d) any recommendation made by the commissioner during the year following
an investigation of the agency’s activities; and
(e) any action the agency has taken during the year in relation to the
recommendation.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.8 Community and Health Services
Complaints Act 1993
substitute
77 Commissioner’s annual
report
(1) A report prepared by the commissioner under the Annual Reports
(Government Agencies) Act 2004 for a financial year must not be required to
be given to a chief executive for inclusion in a chief executive annual
report.
(2) The report must include a copy of any direction given (whether before
or during the year) under section 11 (Minister’s directions) that applies
during the year.
(3) If the Minister has directed the commissioner to report on a matter or
to give information in the report, the report must deal with the matter or give
the information.
(4) In this section:
chief executive annual report—see the Annual Reports
(Government Agencies) Act 2004, section 5.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.9 Confiscation of Criminal Assets
Act 2003
substitute
(1) The public trustee must include details of a notice given under
section 102 or section 103 in the public trustee’s report under the
Annual Reports (Government Agencies) Act 2004 for—
(a) the financial year during which the notice was given; or
(b) if the chief police officer has, under this section, declared the
publication of details of the notice to be prejudicial—the next financial
year after the chief police officer revokes the declaration.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.10 Cultural Facilities Corporation
Act 1997
substitute
30 Corporation’s annual
report
A report prepared by the corporation under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under section 28 (Ministerial
directions) during the year; and
(b) a statement by the corporation about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.11 Director of Public Prosecutions
Act 1990
substitute
(4) The director—
(a) must give the Attorney-General a copy of each direction or guideline;
and
(b) must include in a report prepared by the director under the Annual
Reports (Government Agencies) Act 2004 for a financial year—
(i) a copy of each direction or guideline given during the year;
and
(ii) a copy of each direction or guideline given that is in force at the
end of the year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.12 Electoral Act
1992
substitute
10 Electoral commission’s annual
report
The electoral commission is a public authority for the Annual Reports
(Government Agencies) Act 2004.
[1.16] Section
295 (1) (c)
substitute
(c) a report under the Annual Reports (Government Agencies)
Act 1995 or Annual Reports (Government Agencies)
Act 2004;
Part
1.13 Environment Protection Act
1997
[1.17] Section
158A (1) and (2)
substitute
(1) The chief executive of an administrative unit must ensure that a
report prepared by the chief executive under the Annual Reports (Government
Agencies) Act 2004, section 5 (Annual report of chief executive) complies
with subsection (3).
(2) A public authority must ensure that a report prepared by the authority
under the Annual Reports (Government Agencies) Act 2004, section 6
(Annual report of public authority) complies with subsection (3).
[1.18] Section
158A (5), new definition of public authority
insert
public authority—see the Annual Reports (Government
Agencies) Act 2004, dictionary.
Part
1.14 Fire Brigade (Administration) Act
1974
substitute
(6) A report prepared by the commissioner under the Annual Reports
(Government Agencies) Act 2004 must include details of the operation of this
section for the financial year to which the report relates.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.15 Freedom of Information Act
1989
substitute
(2) The information to be published under this section must be published
by including it—
(a) in a report prepared by the agency under the Annual Reports
(Government Agencies) Act 2004; or
(b) if the agency is not required to prepare a report mentioned in
paragraph (a)—in the annual report to which the affairs of the agency
relate.
substitute
(2) A report prepared by the ombudsman under the Annual Reports
(Government Agencies) Act 2004 for a financial year—
(a) must include a statement of the ombudsman’s operations during
the year about complaints made to the ombudsman, or investigations started or
finished by the ombudsman, about action taken by agencies in the exercise of
functions under this Act; and
(b) may include—
(i) observations that the ombudsman considers appropriate to make about
the operation of this Act during the year; and
(ii) recommendations that the ombudsman considers appropriate to make
about ways that public access to agencies’ documents or Ministers’
official documents might be improved.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
[1.22] Section
79 (1) and (2)
substitute
(1) The Minister must, for each financial year—
(a) prepare a report on the operation of this Act during the year;
and
(b) include the report in the report under the Annual Reports
(Government Agencies) Act 2004, section 5 (Annual report of chief executive)
that is—
(i) for the financial year; and
(ii) for the administrative unit with responsibility for this
Act.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
(2) Each responsible Minister must, for each financial
year—
(a) prepare a report on the operation of this Act in relation to the
Minister’s official documents, and each agency for which the Minister is
responsible, during the year; and
(b) present the report to the Legislative Assembly when the report for the
agency under the Annual Reports (Government Agencies) Act 2004 must be
presented to the Assembly.
Part
1.16 Gambling and Racing Control Act
1999
[1.23] Section
3, new definition of annual report
insert
annual report means the report that the commission is
required to prepare under the Annual Reports (Government Agencies) Act
2004.
omit
Part
1.17 Government Procurement Act
2001
[1.25] Section
48 (2), definition of annual report
substitute
annual report means the report that the entity is required to
prepare under the Annual Reports (Government Agencies) Act
2004.
Part
1.18 Health Promotion Act
1995
substitute
30 Board’s annual report
A report prepared by the corporation under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under section 7 (Ministerial directions)
during the year; and
(b) a statement by the board about action taken during the year to give
effect to any direction given (whether before or during the year) under that
section; and
(c) a copy of any determination made by the Minister under section 24
(Transfers to board) during the year; and
(d) a copy of any strategic plan, and any revised strategic plan, approved
by the Minister under section 26 (Strategic plans) or section 27 (Revised
strategic plans) during the year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.19 Hotel School Act
1996
substitute
(4) A report prepared by the school under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under this section during the year;
and
(b) a statement by the school about action taken during the year to give
effect to any direction given (whether before or during the year) under this
section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.20 Independent Competition and
Regulatory Commission Act 1997
substitute
9 Commission’s annual
report
A report prepared by the commission under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include details of the
following during the year:
(a) investigations;
(b) final reports and special reports;
(c) price directions;
(d) advice about proposed access agreements;
(e) the number of access agreements notified;
(f) arbitration disputes;
(g) determinations of arbitration disputes;
(h) the number of notices issued under section 41 (Provision of
information to commission);
(i) the general use made by the commission of information and documents
obtained as a result of notices issued under section 41;
(j) any other functions exercised by the commission.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.21 Mental Health (Treatment and
Care) Act 1994
substitute
120 Chief psychiatrist’s annual
report
A report prepared by the chief psychiatrist under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) statistics in relation to people who have a mental illness during the
year; and
(b) details of any arrangements with New South Wales during the year in
relation to people who have a mental illness.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.22 National Exhibition Centre Trust
Act 1976
substitute
29A Trust’s annual reports
A report prepared by the trust under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include details
of—
(a) any approvals given by the Minister under section 4 (c) (Functions of
trust), section 5 (2) (Powers of trust) or section 28 (1) (Power to make
by-laws) during the year; and
(b) any direction given by the Minister under section 6 (1) (Policy)
during the year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.23 Nature Conservation Act
1980
substitute
(3) A report prepared by the conservator under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under this section during the year;
and
(b) a statement by the conservator about action taken during the year to
give effect to any direction given (whether before or during the year) under
this section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.24 Occupational Health and Safety
Act 1989
substitute
96C Commissioner’s annual
report
A report prepared by the commissioner under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under section 25G (Ministerial
directions) during the year; and
(b) a statement by the commissioner about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.25 Ombudsman Act
1989
substitute
(4) Subject to subsection (5), subsection (2) does not prevent the
ombudsman from disclosing, in a report prepared under the Annual Reports
(Government Agencies) Act 2004, matters that, in the ombudsman’s
opinion, should be disclosed in the course of setting out the grounds for the
conclusions and recommendations contained in the report.
Part
1.26 Planning and Land Act
2002
substitute
17 Authority’s annual
report
A report prepared by the authority under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given to the authority under this Act or
another Territory law during the year; and
(b) a statement by the authority about action taken during the year to
give effect to any direction given (whether before or during the
year).
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
substitute
55 Land agency’s annual
report
A report prepared by the land agency under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under section 52 (Ministerial directions
to land agency) during the year; and
(b) a statement by the land agency about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.27 Public Interest Disclosure Act
1994
omit
during a year
substitute
during a calendar or financial year
Part
1.28 Public Sector Management Act
1994
[1.37] Schedule
3, modification 3.3, definition of annual report
omit
[1.38] Schedule
3,modification 3.25, section 91A
substitute
91A Certain matters to be included in annual
reports
An annual report of an administrative unit or Territory instrumentality
under the Annual Reports (Government Agencies) Act 2004 for a financial
year must include details of the following during the year:
(a) the occupational health and safety policy of the unit or
instrumentality, including details of—
(i) any agreement made with public employees relating to occupational
health and safety; and
(ii) the establishment of committees to deal with occupational health and
safety matters; and
(iii) the selection of health and safety representatives;
(b) measures taken to ensure the health, safety and welfare at work of
public employees and contractors dealing with the unit or
instrumentality;
(c) statistics of any accidents or dangerous occurrences that arose out of
the conduct of undertakings by the unit or instrumentality that required notice
to be given under section 85 (Notice of events);
(d) any investigations conducted that relate to undertakings carried on by
the unit or instrumentality, including details of all—
(i) tests conducted on any plant, substance or thing in the course of the
investigations; and
(ii) directions given under section 78 (Directions not to disturb
workplace etc) during the year; and
(iii) notices given under section 76 (Improvement notices) or section 77
(Prohibition notices);
(e) anything else prescribed under the regulations.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.29 Racing Act
1999
omit
Part
1.30 Schools Authority Act
1976
substitute
(6) A report prepared by the authority under the Annual Reports
(Government Agencies) Act 2004 for a financial year must include details
of—
(a) any approvals given by the Minister under subsection (1) (a) (ii) or
(b) during the year; and
(b) any directions given by the Minister under subsection (1) (c) or (4)
during the year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.31 Stadiums Authority Act
2000
substitute
35 Authority’s annual
report
A report prepared by the authority under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given under section 26 (Ministerial
directions) during the year; and
(b) a statement by the authority about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.32 Territory Owned Corporations Act
1990
omit
prescribed time
substitute
prescribed period
substitute
(4) The Portfolio Minister must present a report under this section for a
financial year to the Legislative Assembly within the prescribed period after
the end of the financial year, but after the report is given to the voting
shareholders under subsection (1).
[1.44] Section
22 (5), definition of prescribed time
substitute
prescribed period, for an annual report of a Territory owned
corporation under this section for a financial year, means the period
ending—
(a) at the end of the day (or latest day) that the corporation’s
report for the year under the Annual Reports (Government Agencies) Act
2004 (the Annual Reports Act report) must be presented to the
Legislative Assembly; or
(b) if the corporation’s Annual Reports Act report for the year must
be given to the Speaker—at the end of the day (or latest day) that the
report must be given to the Speaker.
Part
1.33 Territory Records Act
2002
[1.45] Section
33 (1), note 2
substitute
Note 2 The Annual Reports (Government Agencies) Act 2004,
s 6 (Annual report of public authority) deals with the annual report to be
given by a statutory office-holder who is declared to be a public authority
under that Act.
Part
1.34 Tertiary Accreditation and
Registration Act 2003
substitute
(1) The Minister may, in writing, give the council a direction about the
exercise of its functions, but not about advising the Minister or reporting
under the Annual Reports (Government Agencies) Act 2004, section 6
(Annual report of public authority).
substitute
18 Council’s annual report
A report prepared by the council under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given under section 9 (Ministerial directions
to council) during the year; and
(b) a statement by the council about action taken during the year to give
effect to any direction given (whether before or during the year) under that
section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.35 Utilities Act
2000
substitute
173 Council’s annual
report
A report prepared by the council under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include details of the
following during the year:
(a) the number of complaints received about each utility;
(b) the cost of handling complaints about each utility;
(c) the number of complaints handled by each member;
(d) any systemic issues identified by the council.
Part
1.36 Victims of Crime Act
1994
substitute
21 Victims services scheme—annual
report
The Annual Reports (Government Agencies) Act 2004 applies in
relation to the victims services scheme as if—
(a) the annual reporting authority nominated in accordance with the
regulations were a public authority under that Act; and
(b) that Act required the annual reporting authority to prepare an annual
report relating to the operations of the scheme within the relevant financial
year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.37 Victims of Crime (Financial
Assistance) Act 1983
substitute
71 Registrar’s annual
report
A report prepared by the registrar under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include details of the
following during the year:
(a) the number of applications made;
(b) particulars of awards made on the applications;
(c) a brief description of the facts and circumstances to which the
applications related;
(d) any other particulars relating to the operation of this Act that the
registrar considers appropriate.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.38 Vocational Education and Training
Act 2003
substitute
(1) The Minister may, in writing, give the authority a direction about the
exercise of its functions, but not about advising the Minister or reporting
under the Annual Reports (Government Agencies) Act 2004, section 6
(Annual report of public authority).
substitute
18 Authority’s annual
report
A report prepared by the authority under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given under section 9 (Ministerial directions
to authority) during the year; and
(b) a statement by the authority about action taken during the year to
give effect to any direction given (whether before or during the year) under
that section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Part
1.39 Waste Minimisation Act
2001
substitute
19 EMA’s annual report
EMA must include in its report under the Annual Reports (Government
Agencies) Act 2004 for a financial year details of each contravention during
the year of a requirement of a notice under section 18.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
[Index]
[Search]
[Download]
[Related Items]
[Help]