Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) AMENDMENT BILL 2013

                             2010-2011-2012-2013




     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                      HOUSE OF REPRESENTATIVES




    Australian Capital Territory (Self-Government) Amendment Bill 2013




                     EXPLANATORY MEMORANDUM




(Circulated by authority of the Honourable Simon Crean MP, Minister for Regional
             Australia, Regional Development and Local Government)
  AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) AMENDMENT
                           BILL 2013


OUTLINE

The purpose of this Bill is to amend the Australian Capital Territory (Self-Government) Act
1988 (Cth) (the Act) to grant the Australian Capital Territory Legislative Assembly (the
Assembly) the power to determine its own numbers without requiring the Commonwealth to
amend its legislation to enact any changes to the size of the Assembly.

The Act currently requires the Assembly to pass a resolution and then have the
Commonwealth make regulations to change the size of the Assembly from the specified
number of members under subsection 8(2) of the Act.

The Bill provides that any enactment made by the Assembly for the purpose of determining
the size of the Assembly will additionally require the approval of a two-thirds majority of the
total number of members of the Assembly to come into effect.

This Bill does not change the size of the Assembly. It amends the mechanism by which the
size of the Assembly can be changed. This Bill effectively removes the Commonwealth's role
in the process of amending the size of the Assembly, and provides the Assembly the power to
independently fulfil this function.

This Bill acknowledges the capacity of the Assembly to run its own affairs by granting it
increased legislative autonomy, consistent with the success of its self-governance.

FINANCIAL IMPACT STATEMENT

Nil




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                                 Schedule 1 - Amendments

Item 1

This item repeals subsections 8(2) and 8(3) of the Australian Capital Territory
(Self-Government) Act 1988, which provided that the Australian Capital Territory Legislative
Assembly (the Assembly) was to consist of 17 members, and that the number of members
could only be modified through Commonwealth regulations which receive support from the
Assembly.

This Bill repeals subsections 8(2) and (3) and substitutes with the following:
         (2) The Assembly is to consist of:
              (a) such number of members as is provided by enactment (subject to
                  subsection (3)); or
              (b) until provision is made--17 members.
         (3) An enactment providing for the number of members of the Assembly (or an
             enactment amending or repealing such an enactment) has no effect unless it is
             passed by a number of members at least equal to two-thirds of the number of
             members provided for, at that time, by or in accordance with subsection (2).

This Bill provides that an enactment affecting the number of members of the Assembly, (or
amending or repealing such an enactment) will only take effect once it is passed by at least
two-thirds of the total number of members of the Assembly. The requirements for a special
majority, and that majority being of the total number of members of the Assembly rather than
those members present for the vote, promotes the need for bipartisan support for such
changes to the governance of the Australian Capital Territory.

This Bill also includes subsection 8(4), which clarifies that section 26 of the Act was
considered as a mechanism to effect the special majority. To achieve a specified majority
pursuant to s26 of the Act, the ACT Government would be required to conduct a referendum
of ACT voters. Subsection 8(3) was determined to be the most effective and cost-efficient
mechanism to achieve the desired outcome.




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Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Australian Capital Territory (Self-Government) Amendment Bill 2013 grants the
Australian Capital Territory grants the Australian Capital Territory Legislative Assembly the
power to independently determine and amend its own numbers and removes the
Commonwealth role in the process.

This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.

This Bill does not engage any of the applicable rights or freedoms and is compatible with
human rights as it does not raise any human rights issues.




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NOTES ON CLAUSES

Clause 1 - Short Title

1. This is a formal provision specifying the short title.

Clause 2 - Commencement

2. This clause provides that the Act will commence the day after the Act receives Royal
   Assent.

Clause 3 - Schedules

3. This clause provides that an Act that is specified in a Schedule to the Act is amended or
   repealed as set out in that Schedule, and any other item in a Schedule operates according
   to its terms.




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