Commonwealth Consolidated Acts

AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) ACT 1988 - SECT 16

             (1)  If, in the opinion of the Governor‑General, the Assembly:

                     (a)  is incapable of effectively performing its functions; or

                     (b)  is conducting its affairs in a grossly improper manner;

the Governor‑General may dissolve the Assembly.

             (2)  Where the Assembly is dissolved:

                     (a)  the Governor‑General:

                              (i)  shall appoint a Commissioner for the purposes of this section; and

                             (ii)  may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and

                     (b)  a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette , being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.

             (3)  The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.

             (4)  The Commissioner:

                     (a)  shall exercise all the powers of the Executive in accordance with any directions given by the Governor‑General; and

                     (b)  if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment--may do so with the authority of the Governor‑General.

             (5)  The Commissioner shall be paid such remuneration and allowances as are determined by the Governor‑General.

             (6)  Unless sooner terminated by the Governor‑General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.

             (7)  The powers of the Governor‑General under this section shall be exercised by Proclamation.

             (8)  The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:

                     (a)  published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and

                     (b)  laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.

             (9)  A person holding office, or acting as, Chief Executive of the Chief Minister's Department must not be appointed as a Commissioner under this section.

           (10)  If the name of the office of Chief Executive, or of the Chief Minister's Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.