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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Broadcasting Corporation
Amendment (Appointment of Directors)
Bill 2018
No. , 2018
(Senator Storer)
A Bill for an Act to amend the Australian
Broadcasting Corporation Act 1983, and for related
purposes
No. , 2018
Australian Broadcasting Corporation Amendment (Appointment of
Directors) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Broadcasting Corporation Act 1983
3
No. , 2018
Australian Broadcasting Corporation Amendment (Appointment of
Directors) Bill 2018
1
A Bill for an Act to amend the Australian
1
Broadcasting Corporation Act 1983, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Australian Broadcasting Corporation Amendment
6
(Appointment of Directors) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Broadcasting Corporation Amendment (Appointment of
Directors) Bill 2018
No. , 2018
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2018
Australian Broadcasting Corporation Amendment (Appointment of
Directors) Bill 2018
3
Schedule 1--Amendments
1
2
Australian Broadcasting Corporation Act 1983
3
1 Subsection 3(1)
4
Insert:
5
opposition leader means the Leader of the Opposition in the House
6
of Representatives.
7
2 After paragraph 24B(1)(d)
8
Insert:
9
(da) as soon as practicable after a report under paragraph (d) has
10
been prepared--to cause the list of candidates contained in
11
the report to be published on the internet;
12
3 Subsection 24X(1)
13
Omit "Leader of the Opposition in the House of Representatives",
14
substitute "opposition leader".
15
4 Subsections 24X(2) to (4)
16
Repeal the subsections, substitute:
17
(2) If a person not nominated by the Nomination Panel is to be
18
appointed as Chairperson, the Prime Minister must, at least 30 days
19
before the appointment is made:
20
(a) publish reasons for the appointment (including an assessment
21
of the person against the selection criteria) on the
22
Department's website; and
23
(b) inform the opposition leader of the appointment in writing;
24
and
25
(c) invite the opposition leader to comment on the appointment
26
within a reasonable period specified in writing.
27
(3) If:
28
(a) the opposition leader is informed of an appointment in
29
accordance with paragraph (2)(b); and
30
Schedule 1 Amendments
4
Australian Broadcasting Corporation Amendment (Appointment of
Directors) Bill 2018
No. , 2018
(b) within the period specified in accordance with
1
paragraph (2)(c) in relation to the appointment, the
2
opposition leader informs the Prime Minister in writing that
3
the opposition leader does not agree with the appointment;
4
the Prime Minister:
5
(c) must cause a statement of reasons for the appointment
6
(including an assessment of the appointee against the
7
selection criteria) to be tabled in each House of the
8
Parliament; and
9
(d) must not recommend that the Governor-General make the
10
appointment until after the end of the 90 day period
11
beginning when the statement was tabled in the second of
12
those Houses.
13
Other non-executive Directors
14
(4) If:
15
(a) the Nomination Panel gives the Minister a report under
16
paragraph 24B(1)(d) in relation to the appointment of a
17
Director referred to in paragraph 12(1)(c); and
18
(b) the Minister considers that a person not nominated by the
19
Nomination Panel should be appointed;
20
the Minister must, at least 30 days before the appointment is made:
21
(c) publish reasons for the appointment (including an assessment
22
of the person against the selection criteria) on the
23
Department's website; and
24
(d) inform the opposition leader of the appointment in writing;
25
and
26
(e) invite the opposition leader to comment on the appointment
27
within a reasonable period specified in writing.
28
(5) If:
29
(a) the opposition leader is informed of an appointment in
30
accordance with paragraph (4)(d); and
31
(b) within the period specified in accordance with
32
paragraph (4)(e) in relation to the appointment, the
33
opposition leader informs the Minister in writing that the
34
opposition leader does not agree with the appointment;
35
the Minister:
36
Amendments Schedule 1
No. , 2018
Australian Broadcasting Corporation Amendment (Appointment of
Directors) Bill 2018
5
(c) must cause a statement of reasons for the appointment
1
(including an assessment of the appointee against the
2
selection criteria) to be tabled in each House of the
3
Parliament; and
4
(d) must not recommend that the Governor-General make the
5
appointment until after the end of the 90 day period
6
beginning when the statement was tabled in the second of
7
those Houses.
8