1994
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Chief Minister)
Annual Reporting (Government Agencies)
(Consequential Provisions) Bill 1994
A BILL
FOR
An Act to amend certain Acts in consequence of the
enactment of the Annual Reporting (Government
Agencies) Act 1994 and for related purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
5
Short title
1. This Act may be cited as the Annual Reporting
Agencies) (Consequential Provisions) Act 1994.
(Government
Commencement
2. This Act commences on the day on which it is notified in the
Gazette.
10
Amendment of Acts
3. The Acts specified in the Schedule are amended as set out in that
Schedule.
84032 1993/172 (T32/94)
Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au
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Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE
Section 3
AMENDMENT OF ACTS
Air Pollution Act 1984
Section 47—
Repeal the section.
Architects Act 1959
Section 39A—
Repeal the section.
Audit Act 1989
Subsection 58 (2)—
Omit the subsection, substitute the following subsection:
"(2) An administrative unit in respect of which a requirement under
subsection (1) has been made shall submit financial statements in respect of
a financial year with the annual report or annual information for the year to
which the financial statements relate.".
Subsection 58 (4)—
Repeal the subsection.
Section 79—
(a) Omit "prepared", substitute "prepared and to the person who is the
principal officer within the meaning of the Annual Reporting
(Government Agencies) Act 1994 of that unit".
(b) Add at the end the following subsection:
"(2) The Principal Officer referred to in subsection (1) shall
include the report given to him or her under that subsection and a
copy of the unitary financial statement to which that report relates
in the annual report of that unit.".
Subsection 93 (1)—
Omit the subsection, substitute the following subsection:
"(1) The authority shall submit to the appropriate Minister financial
statements in such form as the Minister approves in respect of a financial
year together with the annual report or annual information for the year to
which the financial statements relate.".
Subsection 93 (3)—
Omit the subsection.
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Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE—continued
Subsection 97 (1)—
Omit the subsection, substitute the following subsection:
"(1) The authority shall submit to the appropriate Minister financial
statements in such form as the Minister approves in respect of a financial
year together with the annual report or annual information for the year to
which the financial statements relate.".
Subsection 97 (3)—
Omit the subsection.
Betting (Totalizator Administration)
Act 1964
Subsection 31 (2)—
Omit the subsection.
After section 31—
Insert the following section:
Annual report to include
"31 A. An annual report or annual information shall include—
(a) particulars of any direction under section 9 given by the Minister
during the period to which the report relates; and
(b) a statement by the Board indicating how effect has been given to
the direction.".
Section 56—
Repeal the section.
Bookmakers Act 1985
Section 54—
Repeal the section.
Children's
Services Act 1986
Section 15—
Repeal the section, substitute the following section:
Annual report to include information on children's welfare
"15. The Council shall include information concerning children's
welfare in the Territory during the year, in an annual report, or in annual
information, for that year.".
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Annual Reporting (Government Agencies) (Consequential Provisions)
No.
, 1994
SCHEDULE—continued
Clinical Waste Act 1990
Section 13—
Repeal the section.
Commissioner for the Environment Act 1993
Section 20—
Repeal the section.
Community Advocate Act 1991
Section 17—
Repeal the section.
Consumer Affairs Act 1973
Section 17—
Repeal the section.
Co-operative
Societies Act
1939
Section 12—
Repeal the section.
Credit Act 1985
Division 4 of Part XV—
Repeal the Division.
Dangerous Goods Act 1984
Section 9—
Repeal the section.
Dental Technicians and Dental Prosthetists Registration
1988
Section 17—
Repeal the section.
Act
Director of Public Prosecutions Act 1990
Subsections 34 (1) and (2)—
Omit the subsections.
Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.aot.gov.au
Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE—continued
Discrimination
Act 1991
Section 119—
Repeal the section.
Electoral Act 1992
Section 9 [Annual Report]—
Repeal the section.
Electricity and Water Act 1988
Subsection 37 (4)—
Omit the subsection.
Section 47A—
Repeal the section, substitute the following section:
Annual report to include details of directions
"47A. The Authority shall include in an annual report or in annual
information details of any direction given under section 36, subsection 37
(2) or section 41.".
Section 79A—
Repeal the section.
Fire Brigade (Administration)
Act 1974
Subsection 14 (1)—
Omit the subsection.
Subsection 19B ( 6 ) ^
Omit the subsection, substitute the following subsection:
"(6) Information relating to the operation of this section shall be
included in the annual report or annual information of the Commissioner.".
Freedom of Information Act 1989
Subsection 7 (3)—
Omit all the words after "including", substitute "it in the annual report or
annual information of the agency (as the case requires).".
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Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE—continued
Subsection 55 (3)—
Omit all the words from and including "Each" to and including "that
Act", substitute "A report submitted to the Minister by the Ombudsman
under subsection 21 (3) of the Ombudsman Act 1989 or an annual report".
Gas Act 1992
Section 12—
Repeal the section.
Guardianship and Management of Property Act 1991
Section 76—
Repeal the section.
Health Professions
Boards (Procedures) Act 1981
Section 37—
Repeal the section.
Housing Assistance Act 1987
Section 19—
Add at the end "and shall submit such accounts and statements with his
or her annual report or annual information for the year".
Section 21—
Repeal the section.
Interpretation
Act 1967
Subsection 14 (1)—
Insert the following definitions:
" 'annual information' means information prepared in compliance with,
or purported compliance with, the Annual Reporting (Government
Agencies) Act 1994, by a person who is not required to prepare an
annual report;
'annual report' means an annual report prepared in compliance with, or
purported compliance with, the Annual Reporting (Government
Agencies) Act 1994;".
Subsection 30A (1) (definition of "periodic report")—
Insert", other than an annual report," after "regular report".
Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.
Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE—continued
Land (Planning and Environment) Act 1991
Section 39—
Repeal the section.
Landlord and Tenant Act 1949
Section 62AW—
Repeal the section.
Mental Health Act 1983
Section 81—
Repeal the section, substitute the following section:
Annual report to include
"81. The Director shall include in an annual report or annual
information—
(a) details of the number of persons in respect of whom treatment
orders were in effect during the year in relation to which the report
or information is given; and
(b) the period of effect of each of those orders.".
Nature Conservation Act 1980
Section 83—
Repeal the section.
Noise Control Act 1988
Section 49—
Repeal the section.
Occupational Health and Safety Act 1989
Section 12—
Repeal the section.
Ombudsman Act 1989
Subsections 21 (1) and (2)—
Omit the subsections.
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Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE—continued
Subsection 21 (4)—
Omit "(1) or".
Subsection 33 (4)—
Insert", in an annual report or in annual information" after "Act".
Subsection 34 (2)—
Add at the end "or an annual report or the provision of annual
information".
Parole Act 1976
Section 27A—
Repeal the section.
Pesticides
Act 1989
Section 82—
Repeal the section.
Sale of Motor Vehicles Act 1977
Section 90—
Repeal the section.
Stock Act 1991
Section 43—
Repeal the section.
Surveyors Act 1967
Section 13A—
Repeal the section.
Taxation (Administration)
Act 1987
Section 11—
Repeal the section.
Vocational Training Act 1989
Subsection 12 (1)—
Omit the subsection.
Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au
Annual Reporting (Government Agencies) (Consequential Provisions)
No. , 1994
SCHEDULE—continued
Paragraph 94 (2) (c)—
Omit "and 46", substitute ", 46 and 47".
Water Pollution
Act
1984
Section 4 6 —
Repeal the section.
NOTE ABOUT SECTION HEADINGS
On the day on which section 3 of this Act commences, the headings to the following
sections of the specified Acts are altered as set out in the following table:
Act
Section
Alteration
Audit Act 1989
68
93
Omit from the heading "Annual".
Omit the heading, substitute the following
heading:
Financial statements to be
submitted to Minister
Omit the heading, substitute the following
heading:
Financial statements to be
submitted to Minister
Omit the heading, substitute the following
heading:
Commissioner to provide
information
97
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Fire Brigade
(Administration) Act 1974
Printed by Authority of Liz Harley, ACT Government Printer
© Australian Capital Territory 1994
Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au