Australian Capital Territory (Planning and Land Management) Amendment Act 2018
An Act to amend the Australian Capital Territory (Planning and Land Management) Act 1988, and for related purposes
1 Short title
australian-capital-territory-planning-and-land-management-amendment-act-2018.pdf, p.6
The Act is the Australian Capital Territory (Planning and Land Management) Amendment Act 2018.
2 Commencement
Commencement rules for provisions in the Act.
1 Section 1
1 July 2018.
1 July 2018
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
1 Paragraph 5(2)(b)
Repeal paragraph, substitute Authority as accountable authority
australian-capital-territory-planning-and-land-management-amendment-act-2018.pdf, p.7
2 Subparagraphs 5(2)(c)(i) and (ii)
Repeal subparagraphs and substitute with Authority members
3 Section 7
Repeal section and substitute with new content.
7 Ministerial directions
7(1) Ministerial directions
The Minister may give general directions in writing to the Authority about the performance of its functions.
7(2) Ministerial directions
Authority must comply with a direction under subsection (1)
(2) The Authority must comply with a direction under subsection (1)
7(3) Ministerial directions
Exempts direction from subsection (2) regarding Authority's functions or powers under the Public Governance, Performance and Accountability Act 2013.
7(4) Ministerial directions
Particulars of ministerial directions must be included in the annual report.
4 Section 46
australian-capital-territory-planning-and-land-management-amendment-act-2018.pdf, p.8
46 Functions of Chief Executive
46(1) Functions of Chief Executive
The Chief Executive has the responsibility of managing the affairs of the Authority.
(1) The Chief Executive has the responsibility...
The Chief Executive has an obligation to manage...
46(2) Functions of Chief Executive
Authority may give written directions to the Chief Executive about management of affairs.
46(3) Functions of Chief Executive
Must comply with direction under subsection (2)
(3) The Chief Executive must comply with a direction under subsection (2).
46(4) Functions of Chief Executive
Exempts Chief Executive from subsection (3) to the extent of its functions or powers under Public Service Act 1999.
(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.
Temporal relation between subsection (3) and the direction
Direction relation to Chief Executive's functions or powers
46(5) Functions of Chief Executive
A direction under subsection (2) is not a legislative instrument.
(5) A direction under subsection (2) is not a legislative instrument.
5 Saving of directions
Directions under section 46 of the Australian Capital Territory (Planning and Land Management) Act 1988 have effect on or after commencement.
australian-capital-territory-planning-and-land-management-amendment-act-2018.pdf, p.9
Section 46 of the Australian Capital Territory (Planning and Land Management) Act 1988
Directions under section 46 have effect on or after commencement.
Directions under section 46 overlap with directions made by the Authority.
Directions under section 46 form a recurring trace.
Directions under section 46 diffuse to directions made by the Authority.
Directions under section 46 can be inferred from directions made by the Authority.
6 Transitional—duties of accountable authority
Defines accountable authority for reporting purposes
Characterizes Authority as accountable authority
For the purposes of sections 39, 42 and 46 of the Public Governance, Performance and Accountability Act 2013
Authority is the accountable authority for the reporting period
Defines temporal interval for Authority's accountability
the Authority that ends immediately before this item commences
Authority's accountability is within the reporting period
7 Transitional—things done by, or in relation to, the
Transitional provision for things done by the Chief Executive before commencement.