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This is a Bill, not an Act. For current law, see the Acts databases.

FINANCIAL MANAGEMENT (APPOINTMENTS) AMENDMENT BILL 2010

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Zed Seselja)

Financial Management (Appointments) Amendment Bill 2010



Contents

Page

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Zed Seselja)

Financial Management (Appointments) Amendment Bill 2010



A Bill for

An Act to amend the Financial Management Act 1996, and for other purposes









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

1 Name of Act

This Act is the Financial Management (Appointments) Amendment Act 2010.

2 Commencement

This Act commences on the 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 Financial Management Act 1996.

Note This Act also amends the Territory-owned Corporations Act 1990 (see s 6).

4 New division 9.1A

insert

Division 9.1A Appointment of former Ministers

77A Appointment of former Ministers

(1) This section applies to a person who is or has been a Minister.

(2) The person is not eligible for appointment to any of the following positions in a territory authority for 2 years after the day the person stops being a Minister:

(a) a chief executive officer;

(b) an executive officer;

(c) a member of the board or council of the territory authority.

(3) In this section:

executive officer, of a territory authority, means a person (however described) who is concerned with, or takes part in, the authority’s management.

Note Territory authority—see the Legislation Act, dictionary, pt 1.

5 Dictionary, definition of territory authority

substitute

territory authority, for the Act, other than division 9.1A (Appointment of former Ministers)—

(a) means a body corporate established by an Act; and

(b) to remove any doubt, includes an entity to which part 8 applies; and

(c) for division 9.7 (Additional provisions for restructuring of certain territory authorities)—includes a territory authority that has ceased to exist; but

(d) does not include a body declared under section 3B not to be a territory authority.

6 Territory-owned Corporations Act 1990, new section 11A

insert

11A Appointment of former Ministers

(1) This section applies to a person who is or has been a Minister.

(2) The person is not eligible to be appointed to any of the following positions in a territory-owned corporation or a subsidiary for 2 years after the day the person stops being a Minister:

(a) a director;

(b) a senior manager.

(3) In this section:

senior manager, of a territory-owned corporation or a subsidiary, means a person (other than a director of the corporation or subsidiary) who—

(a) makes, or takes part in making, decisions that affect all, or a large part, of the business of the corporation or subsidiary; or

(b) may significantly affect the financial standing of the corporation or subsidiary.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2010.

2 Notification

Notified under the Legislation Act on 2010.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.













© Australian Capital Territory 2010

 

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