Australian Capital Territory Legislation Amendment Act 2003

No. 1, 2003

An Act to amend laws relating to the Australian Capital Territory, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Australian Capital Territory (Self‑Government) Act 1988

Schedule 2—Australian Capital Territory (Planning and Land Management) Act 1988

Australian Capital Territory Legislation Amendment Act 2003

No. 1, 2003

An Act to amend laws relating to the Australian Capital Territory, and for related purposes

[Assented to 24 February 2003]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Capital Territory Legislation Amendment Act 2003.

2  Commencement

  This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Australian Capital Territory (Self‑Government) Act 1988

1  Subsection 16(9)

Repeal the subsection, substitute:

 (9) A person holding office, or acting as, Chief Executive of the Chief Minister’s Department must not be appointed as a Commissioner under this section.

 (10) If the name of the office of Chief Executive, or of the Chief Minister’s Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.

2  Subsection 46(1)

Repeal the subsection, substitute:

 (1) A person holding office as Chief Minister vacates the office:

 (a) when the person resigns the office; or

 (b) when the person ceases to be a member (not because of a general election); or

 (c) immediately before a Chief Minister is elected after:

 (i) the next general election; or

 (ii) the passing of a resolution of no confidence in the Chief Minister.

 (1A) A person holding office as a Minister (other than the Chief Minister) vacates the office:

 (a) when the person resigns the office; or

 (b) when the person ceases to be a member (not because of a general election); or

 (c) when the person is dismissed from office by the Chief Minister; or

 (d) immediately before another Chief Minister is elected after:

 (i) the next general election; or

 (ii) the passing of a resolution of no confidence in the Chief Minister.

3  Subsection 48(1)

Repeal the subsection.

4  Subsection 48(4)

Repeal the subsection.

5  Subsections 67(2) to (5)

Repeal the subsections.

6  Subsection 67A(1)

Omit “, 67D and 67E”, substitute “and 67D”.

7  Section 67E

Repeal the section.

8  Section 68

Repeal the section.

9  Subsection 70(1) (definition of office)

Omit “, Head of Administration, Associate Head of Administration,”.

10  Schedule 4

Omit “the Head of Administration, Associate Heads of Administration”.

11  Schedule 4

Omit “, the Head of Administration, an Associate Head of Administration”.

12  Schedule 4

Omit “or a member of the staff”, substitute “or a member of the public service”.

Schedule 2—Australian Capital Territory (Planning and Land Management) Act 1988

1  Subsection 43(6)

After “but”, insert “, subject to subsection (6A),”.

2  After subsection 43(6)

Insert:

 (6A) If the full‑time member is precluded from being present by section 42, then:

 (a) if the full‑time member is the Chairperson—any 3 members constitute a quorum; or

 (b) if the full‑time member is not the Chairperson—the Chairperson and any other 2 members constitute a quorum.

[Minister’s second reading speech made in—

House of Representatives on 28 August 2002

Senate on 19 September 2002]