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STATUTE LAW AMENDMENT ACT 2015 (NO. 15 OF 2015) - SCHEDULE 1

Schedule 1     Minor amendments

(see s 5)

Part 1.1     Road Transport (Third-Party Insurance) Act 2008

[1.1]     Section 14 heading

substitute

14     CTP regulator––establishment

Explanatory note

This amendment substitutes a new heading and is consequential on another amendment.

[1.2]     Section 14 (2)

substitute

    (2)     The Minister must appoint a public servant as the CTP regulator.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act

, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act

, s 207)

    (2A)     An appointment must be for not longer than 5 years.

Note     A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act

, s 208 and dict, pt 1, def appoint ).

Explanatory note

Section 14 (2) provides that the director-general administering the Act is the CTP regulator (currently the director-general of the Chief Minister, Treasury and Economic Development Directorate). When section 14 (2) was first enacted, the administering directorate was the Treasury. The Treasury and Chief Minister directorates were combined in 2012. As a consequence, the CTP regulator is no longer a Treasury executive with working knowledge of third-party insurance issues. Although the CTP regulator's functions under the Act are delegated to Treasury staff, the director-general remains fully accountable for the administration of the Act.

This amendment enables the Minister to appoint a public servant with the appropriate knowledge and experience as the CTP regulator. This is the same approach taken for the Lifetime Care and Support Commissioner of the ACT under the Lifetime Care and Support (Catastrophic Injuries) Act 2014

, section 10.



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