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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Capital Territory (Planning
and Land Management) Amendment Bill
2017
No. , 2017
(Local Government and Territories)
A Bill for an Act to amend the Australian Capital
Territory (Planning and Land Management) Act
1988, and for related purposes
No. , 2017
Australian Capital Territory (Planning and Land Management)
Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Governance arrangements
3
Part 1--Amendments
3
Australian Capital Territory (Planning and Land Management) Act
1988
3
Part 2--Saving and transitional provisions
5
No. , 2017
Australian Capital Territory (Planning and Land Management)
Amendment Bill 2017
1
A Bill for an Act to amend the Australian Capital
1
Territory (Planning and Land Management) Act
2
1988, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Australian Capital Territory (Planning and Land
6
Management) Amendment Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Capital Territory (Planning and Land Management)
Amendment Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2018.
1 July 2018
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.
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Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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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
Governance arrangements Schedule 1
Amendments Part 1
No. , 2017
Australian Capital Territory (Planning and Land Management)
Amendment Bill 2017
3
Schedule 1--Governance arrangements
1
Part 1--Amendments
2
Australian Capital Territory (Planning and Land
3
Management) Act 1988
4
1 Paragraph 5(2)(b)
5
Repeal the paragraph, substitute:
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(b) the Authority is the accountable authority; and
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2 Subparagraphs 5(2)(c)(i) and (ii)
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Repeal the subparagraphs, substitute:
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(i) the members of the Authority;
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3 Section 7
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Repeal the section, substitute:
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7 Ministerial directions
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(1) The Minister may, by legislative instrument, give general
14
directions in writing to the Authority about the performance of the
15
Authority's functions.
16
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
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Legislation Act 2003 do not apply to the directions (see regulations
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made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
19
Act).
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(2) The Authority must comply with a direction under subsection (1).
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(3) Subsection (2) does not apply to the extent that the direction relates
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to the Authority's performance of functions or exercise of powers
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under the Public Governance, Performance and Accountability Act
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2013.
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(4) Particulars of any directions given in a financial year must be
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included in the annual report of the Authority for that year.
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Schedule 1 Governance arrangements
Part 1 Amendments
4
Australian Capital Territory (Planning and Land Management)
Amendment Bill 2017
No. , 2017
4 Section 46
1
Repeal the section, substitute:
2
46 Functions of Chief Executive
3
(1) The Chief Executive has the responsibility of managing the affairs
4
of the Authority.
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(2) The Authority may give written directions to the Chief Executive
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about the management of the Authority's affairs.
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(3) The Chief Executive must comply with a direction under
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subsection (2).
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(4) Subsection (3) does not apply to the extent that the direction relates
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to the Chief Executive's performance of functions or exercise of
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powers under the Public Service Act 1999.
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(5) A direction under subsection (2) is not a legislative instrument.
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Governance arrangements Schedule 1
Saving and transitional provisions Part 2
No. , 2017
Australian Capital Territory (Planning and Land Management)
Amendment Bill 2017
5
Part 2--Saving and transitional provisions
1
5 Saving of directions
2
Directions under section 46 of the Australian Capital Territory
3
(Planning and Land Management) Act 1988 that were in force
4
immediately before the day this item commences have effect on or after
5
that day as if they had been made by the Authority under
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subsection 46(2) of that Act, as amended by Part 1 of this Schedule.
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6 Transitional
--duties of accountable authority
8
For the purposes of sections 39, 42 and 46 of the Public Governance,
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Performance and Accountability Act 2013, the Authority is the
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accountable authority in relation to the reporting period (within the
11
meaning of that Act) for the Authority that ends immediately before this
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item commences.
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7 Transitional
--things done by, or in relation to, the
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accountable authority
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Anything done by, or in relation to, the Chief Executive as the
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accountable authority for the purposes of the finance law (within the
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meaning of the Public Governance, Performance and Accountability
18
Act 2013) before the commencement of this item has effect after that
19
commencement as if the thing had been done by, or in relation to, the
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Authority as the accountable authority.
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Note:
For example, an instruction given by the Chief Executive under subsection 20A(1) of
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the Public Governance, Performance and Accountability Act 2013 before
23
commencement will be treated after commencement as if it had been given by the
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Authority.
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