2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Mr Zed Seselja) Financial Management (Appointments) Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New division 9.1A 2 5 Dictionary, definition of territory authority 3 6 Territory-owned Corporations Act 1990, new section 11A 3 J2010-467 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Mr Zed Seselja) Financial Management (Appointments) Amendment Bill 2010 A Bill for An Act to amend the Financial Management Act 1996, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-467 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Financial Management (Appointments) Amendment 3 Act 2010. 4 2 Commencement 5 This Act commences on the day after its notification day. 6 Note The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 3 Legislation amended 9 This Act amends the Financial Management Act 1996. 10 Note This Act also amends the Territory-owned Corporations Act 1990 11 (see s 6). 12 4 New division 9.1A 13 insert 14 Division 9.1A Appointment of former Ministers 15 77A Appointment of former Ministers 16 (1) This section applies to a person who is or has been a Minister. 17 (2) The person is not eligible for appointment to any of the following 18 positions in a territory authority for 2 years after the day the person 19 stops being a Minister: 20 (a) a chief executive officer; 21 (b) an executive officer; 22 (c) a member of the board or council of the territory authority. page 2 Financial Management (Appointments) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (3) In this section: 2 executive officer, of a territory authority, means a person (however 3 described) who is concerned with, or takes part in, the authority's 4 management. 5 Note Territory authority--see the Legislation Act, dictionary, pt 1. 6 5 Dictionary, definition of territory authority 7 substitute 8 territory authority, for the Act, other than division 9.1A 9 (Appointment of former Ministers)-- 10 (a) means a body corporate established by an Act; and 11 (b) to remove any doubt, includes an entity to which part 8 applies; 12 and 13 (c) for division 9.7 (Additional provisions for restructuring of 14 certain territory authorities)--includes a territory authority that 15 has ceased to exist; but 16 (d) does not include a body declared under section 3B not to be a 17 territory authority. 18 6 Territory-owned Corporations Act 1990, new section 11A 19 insert 20 11A Appointment of former Ministers 21 (1) This section applies to a person who is or has been a Minister. 22 (2) The person is not eligible to be appointed to any of the following 23 positions in a territory-owned corporation or a subsidiary for 2 years 24 after the day the person stops being a Minister: 25 (a) a director; 26 (b) a senior manager. Financial Management (Appointments) Amendment Bill page 3 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (3) In this section: 2 senior manager, of a territory-owned corporation or a subsidiary, 3 means a person (other than a director of the corporation or 4 subsidiary) who-- 5 (a) makes, or takes part in making, decisions that affect all, or a 6 large part, of the business of the corporation or subsidiary; or 7 (b) may significantly affect the financial standing of the 8 corporation or subsidiary. Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 4 Financial Management (Appointments) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au