Document ID: chunk:federal_register_of_legislation:C2024C00795:section:44a:p2
Version: federal_register_of_legislation:C2024C00795
Segment Type: section
Provision Reference: s 44A (pt 2/2)
Character Range: 58708–60979

of a capability review under subsection (1) or (3):
 (a) must include one or more findings; and
 (b) may include one or more recommendations.
 (7) If one person is appointed under paragraph (4)(b) to undertake a capability review, the person must not be:
 (a) an APS employee; or
 (b) an Agency Head.
 (8) If more than one person is appointed under paragraph (4)(b) to undertake a capability review, at least one of the persons must not be:
 (a) an APS employee; or
 (b) an Agency Head.

Report to be tabled
 (8A) Subject to subsections (8B) and (8C), the Public Service Minister must cause a copy of a report of a capability review under subsection (1) or (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
 (8B) If the person who caused the capability review to be undertaken has removed material under subsection (11), the copy of the report that the Public Service Minister must cause to be tabled for the purposes of subsection (8A) is the copy that is, or is to be, published.
 (8C) Subsection (8A) does not apply if the person who caused the capability review to be undertaken has decided under subsection (11) not to publish the report.

Determinations of longer or shorter review periods
 (9) A person must not make a determination under paragraph (2)(b) or (3)(b) unless satisfied that there are exceptional circumstances.
 (10) A determination made under paragraph (2)(b) or (3)(b) is not a legislative instrument.

Exception to requirement to publish
 (11) For the purposes of paragraph (4)(ca), a person who causes a capability review into an Agency to be undertaken under subsection (1) or (3) and receives a written report of the review may:
 (a) remove material from the copy of the report that is to be published; or
 (b) decide not to publish the report;
if publishing the material or the report (as the case may be) would, or could reasonably be expected to, damage:
 (c) the security of the Commonwealth; or
 (d) the defence of the Commonwealth; or
 (e) the international relations of the Commonwealth.

Other capability reviews
 (12) This section does not prevent the Agency Head of an Agency from conducting a capability review otherwise than under subsection (1) or (3).