Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 1—Governance arrangements

Schedule 1 Governance arrangements

Part 1 Amendments

Australian Capital Territory (Planning and Land Management) Act 1988

1  Paragraph 5(2)(b)

Repeal the paragraph, substitute:

                     (b)  the Authority is the accountable authority; and

2  Subparagraphs 5(2)(c)(i) and (ii)

Repeal the subparagraphs, substitute:

                              (i)  the members of the Authority;

3  Section 7

Repeal the section, substitute:

7   Ministerial directions

             (1)  The Minister may, by legislative instrument, give general directions in writing to the Authority about the performance of the Authority’s functions.

Note:          Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

             (2)  The Authority must comply with a direction under subsection (1).

             (3)  Subsection (2) does not apply to the extent that the direction relates to the Authority’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013.

             (4)  Particulars of any directions given in a financial year must be included in the annual report of the Authority for that year.

4  Section 46

Repeal the section, substitute:

46   Functions of Chief Executive

             (1)  The Chief Executive has the responsibility of managing the affairs of the Authority.

             (2)  The Authority may give written directions to the Chief Executive about the management of the Authority’s affairs.

             (3)  The Chief Executive must comply with a direction under subsection (2).

             (4)  Subsection (3) does not apply to the extent that the direction relates to the Chief Executive’s performance of functions or exercise of powers under the Public Service Act 1999 .

             (5)  A direction under subsection (2) is not a legislative instrument.

Part 2 Saving and transitional provisions

5  Saving of directions

Directions under section 46 of the Australian Capital Territory (Planning and Land Management) Act 1988 that were in force immediately before the day this item commences have effect on or after that day as if they had been made by the Authority under subsection 46(2) of that Act, as amended by Part 1 of this Schedule.

6  Transitional—duties of accountable authority

For the purposes of sections 39, 42 and 46 of the Public Governance, Performance and Accountability Act 2013 , the Authority is the accountable authority in relation to the reporting period (within the meaning of that Act) for the Authority that ends immediately before this item commences.

7  Transitional—things done by, or in relation to, the accountable authority

Anything done by, or in relation to, the Chief Executive as the accountable authority for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) before the commencement of this item has effect after that commencement as if the thing had been done by, or in relation to, the Authority as the accountable authority.

Note:       For example, an instruction given by the Chief Executive under subsection 20A(1) of the Public Governance, Performance and Accountability Act 2013 before commencement will be treated after commencement as if it had been given by the Authority.