Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
246 Inspector—acting appointment
Note The Speaker has power to appoint an acting inspector if the position is vacant or if the inspector cannot for any reason exercise a function (see Legislation Act
, s 209 (1)).
(1) The Speaker must not appoint a person to act as inspector unless either—
(a) the Legislative Assembly has approved the appointment, by resolution passed by a majority of at least 2 / 3 of the members; or
(b) the appointment has been approved by—
(i) the Chief Minister; and
(ii) the Leader of the Opposition; and
(iii) the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party.
(2) An acting appointment must be made in consultation with the relevant Assembly committee.
(3) An acting appointment must not be for a term longer than 2 years.
(4) A person who has been acting inspector for a cumulative period of 7 years is not eligible for reappointment.
(5) To remove any doubt, multiple acting inspectors may be appointed concurrently.
Example—concurrent appointments
If the inspector has a conflict of interest in relation to an investigation, the Speaker may appoint an acting inspector to perform functions of the inspector in relation to the investigation while the inspector continues to perform their other functions.
(6) To remove any doubt—
(a) subsections (1) to (4) displace the Legislation Act
, section 209 (2) and (3) (Power of appointment includes power to make acting appointment); and
(b) subsections (3) and (4) displace the Legislation Act
, section 221 (1) and (2) (How long does an acting appointment operate?); and
(c) the remaining provisions of the Legislation Act
, part 19.3 (Appointments) apply in relation to an acting appointment.