Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Australian Broadcasting Corporation Act 1983, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 18 Oct 2018
Introduced Senate 17 Oct 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Australian Broadcasting Corporation Amendment (Appointment of Directors) Bill 2018

 

No.      , 2018

 

(Senator Storer)

 

 

 

A Bill for an Act to amend the Australian Broadcasting Corporation Act 1983, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Australian Broadcasting Corporation Act 1983                                                  3

 

 


A Bill for an Act to amend the Australian Broadcasting Corporation Act 1983, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Australian Broadcasting Corporation Amendment (Appointment of Directors) Act 2018.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Australian Broadcasting Corporation Act 1983

1  Subsection 3(1)

Insert:

opposition leader means the Leader of the Opposition in the House of Representatives.

2  After paragraph 24B(1)(d)

Insert:

                   (da)  as soon as practicable after a report under paragraph (d) has been prepared—to cause the list of candidates contained in the report to be published on the internet;

3  Subsection 24X(1)

Omit “Leader of the Opposition in the House of Representatives”, substitute “opposition leader”.

4  Subsections 24X(2) to (4)

Repeal the subsections, substitute:

             (2)  If a person not nominated by the Nomination Panel is to be appointed as Chairperson, the Prime Minister must, at least 30 days before the appointment is made:

                     (a)  publish reasons for the appointment (including an assessment of the person against the selection criteria) on the Department’s website; and

                     (b)  inform the opposition leader of the appointment in writing; and

                     (c)  invite the opposition leader to comment on the appointment within a reasonable period specified in writing.

             (3)  If:

                     (a)  the opposition leader is informed of an appointment in accordance with paragraph (2)(b); and

                     (b)  within the period specified in accordance with paragraph (2)(c) in relation to the appointment, the opposition leader informs the Prime Minister in writing that the opposition leader does not agree with the appointment;

the Prime Minister:

                     (c)  must cause a statement of reasons for the appointment (including an assessment of the appointee against the selection criteria) to be tabled in each House of the Parliament; and

                     (d)  must not recommend that the Governor‑General make the appointment until after the end of the 90 day period beginning when the statement was tabled in the second of those Houses.

Other non‑executive Directors

             (4)  If:

                     (a)  the Nomination Panel gives the Minister a report under paragraph 24B(1)(d) in relation to the appointment of a Director referred to in paragraph 12(1)(c); and

                     (b)  the Minister considers that a person not nominated by the Nomination Panel should be appointed;

the Minister must, at least 30 days before the appointment is made:

                     (c)  publish reasons for the appointment (including an assessment of the person against the selection criteria) on the Department’s website; and

                     (d)  inform the opposition leader of the appointment in writing; and

                     (e)  invite the opposition leader to comment on the appointment within a reasonable period specified in writing.

             (5)  If:

                     (a)  the opposition leader is informed of an appointment in accordance with paragraph (4)(d); and

                     (b)  within the period specified in accordance with paragraph (4)(e) in relation to the appointment, the opposition leader informs the Minister in writing that the opposition leader does not agree with the appointment;

the Minister:

                     (c)  must cause a statement of reasons for the appointment (including an assessment of the appointee against the selection criteria) to be tabled in each House of the Parliament; and

                     (d)  must not recommend that the Governor‑General make the appointment until after the end of the 90 day period beginning when the statement was tabled in the second of those Houses.