Australian Capital Territory Consolidated Acts

AUDITOR-GENERAL ACT 1996 - SCHEDULE 1

Schedule 1     Appointment and terms of office of auditor-general

(see s 7)

1.1     Appointment

    (1)     The Executive must appoint a person to be the auditor-general.

Note     For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

    (2)     The auditor-general holds office, subject to this Act—

        (a)     for the period specified in the instrument of appointment; and

        (b)     on the terms and conditions (if any) in relation to matters not provided for by this Act that are—

              (i)     approved by resolution of the Legislative Assembly; and

              (ii)     specified in the instrument of appointment.

    (3)     The auditor-general is to be appointed for 7 years.

    (4)     A person who has been appointed auditor-general is not eligible for reappointment.

1.2     Resignation

The auditor-general may resign by giving a signed notice of resignation to the Chief Minister.

1.3     Retirement

The Executive may, with the consent of the auditor-general, retire the auditor-general on the ground of physical or mental incapacity.

1.4     Removal from office

    (1)     The Executive must remove the auditor-general from office if the Legislative Assembly passes a resolution to the effect that the auditor-general should be removed from office on the ground of misbehaviour or physical or mental incapacity.

    (2)     The Executive must remove the auditor-general from office if the auditor-general becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors.

1.5     Acting auditor-general

Before the Executive appoints a person to act as auditor-general, the Minister must consult the presiding member of the public accounts committee about the proposed appointment.

1.6     Application of Legislation Act, div 19.3.3

The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) applies to the appointment of a person to be auditor-general, or to act as auditor-general, as if the power to make the appointment were vested in a Minister, and in that application a reference in the division to a Minister is taken to be a reference to the Executive.