Northern Territory Numbered Acts

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INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT ACT 2019 (NO 23 OF 2019) - SECT 5

Section 4 replaced

Section 4

repeal, insert

4     Appointment of Auditor-General

    (1)     There is to be an Auditor-General.

    (2)     The Administrator may appoint an eligible person to be the Auditor-General.

    (3)     The appointment may be made only after receiving a recommendation of the Legislative Assembly.

    (4)     The Minister must table a copy of the appointment in the Legislative Assembly within 6 sitting days after the appointment is made.

4A     Eligibility for appointment

    (1)     A person is an eligible person for appointment as the Auditor-General if:

    (a)     the person has suitable qualifications or experience relating to the Auditor-General's functions; and

    (b)     the person is committed to the purposes of this Act and its underlying principles; and

    (c)     the person is not any of the following:

        (i)     a judicial officer;

        (ii)     a member of an Australian parliament;

        (iii)     a member of a local government council or of an equivalent body in a State or another Territory;

        (iv)     a member of a political party;

        (v)     a prescribed officer of a Territory controlled entity; and

    (d)     the person does not have a recent political affiliation.

    (2)     For subsection (1)(d), a person has a recent political affiliation if, at any time during the previous 5 years, the person:

    (a)     was a member of the Legislative Assembly or a local government council; or

    (b)     was an office holder or elected representative of a political party in the Territory or elsewhere in Australia; or

    (c)     was a member of staff of a minister; or

    (d)     made a reportable donation to a political party, or an associated entity of a political party, in the Territory or elsewhere in Australia.

    (3)     For subsection (2)(d), a person made a reportable donation if it was made by the person or by a body corporate of which the person was an office holder or majority shareholder at the time the donation was made.

    (4)     In this section:

"reportable donation" means a gift or loan that is required to be disclosed or reported under Part 10 of the Electoral Act 2004 or under a similar law in force in the Commonwealth or in a State or another Territory.

4B     Term of appointment

    (1)     The appointment of a person as the Auditor-General is for a period of 5 years.

    (2)     A person who is the Auditor-General may be reappointed, if still eligible, for one further period of 5 years.

4C     Conditions of appointment

    (1)     The Auditor-General holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator.

    (2)     The Auditor-General's conditions of office:

    (a)     cannot provide any conditions (for example as to remuneration) that are contingent on the Auditor-General's performance in office; and

    (b)     cannot be varied during the Auditor-General's term in office.



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