The Joint Standing Committee on the National Capital and External Territories is appointed under a resolution of appointment which was passed by the House of Representatives on Tuesday, 26 July 2022 and the Senate on Wednesday, 27 July 2022.
Resolution of appointment
1) a Joint Standing Committee on the National Capital and External Territories be appointed to inquire into and report on:
(a) matters coming within the terms of section 5 of the Parliament Act 1974 as may be referred to it by:
(i) either House of the Parliament; or
(ii) the Minister responsible for administering the Parliament Act 1974 ; or
(iii) the President of the Senate and the Speaker of the House of Representatives;
(b) such other matters relating to the parliamentary zone as may be referred to it by the President of the Senate and the Speaker of the House of Representatives;
(c) such amendments to the National Capital Plan as are referred to it by a Minister responsible for administering the Australian Capital Territory (Planning and Land Management) Act 1988;
(d) such other matters relating to the National Capital as may be referred to it by:
(i) either House of the Parliament; or
(ii) the Minister responsible for administering the Australian Capital Territory (Self-Government) Act 1988; and
(e) such matters relating to Australia’s territories as may be referred to it by:
(i) either House of the Parliament; or
(ii) the Minister responsible for the administration of the Territory of Cocos (Keeling) Islands; the Territory of Christmas Island; the Coral Sea Islands Territory; the Territory of Ashmore and Cartier Islands; the Australian Antarctic Territory, and the Territory of Heard Island and McDonald Islands, and of Commonwealth responsibilities on Norfolk Island.
(2) annual reports of government departments and authorities and reports of the Auditor-General presented to the House shall stand referred to the committee for any inquiry the committee may wish to make and reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:
(a) any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and
(b) the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House;
(3) the committee consist of 12 members, the Deputy Speaker, three Members of the House of Representatives to be nominated by the Government Whip or Whips, two Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any minority group or independent Member, the Deputy President and Chairman of Committees, two Senators to be nominated by the Leader of the Government in the Senate, two Senators to be nominated by the Leader of the Opposition in the Senate and one Senator to be nominated by any minority group or independent Senator.
(4) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;
(5) the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time;
(6) the committee elect a:
(a) Government member as its chair; and
(b) non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee;
(7) at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(8) in the event of an equally divided vote, the chair or the deputy chair when acting as chair, have a casting vote;
(9) three members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;
(10) the committee:
(a) have power to appoint subcommittees consisting of three or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine; and
(b) appoint the chair of each subcommittee who shall have a casting vote only;
(11) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;
(12) two members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;
(13) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;
(14) the committee or any subcommittee have power to:
(a) call for witnesses to attend and for documents to be produced;
(b) conduct proceedings at any place it sees fit;
(c) sit in public or in private;
(d) report from time to time; and
(e) adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives;
(15) the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Standing Committees on the National Capital and External Territories, the Joint Committees on the Australian Capital Territory, the Joint Standing Committees on the New Parliament House, the Joint Standing Committee on the Parliamentary Zone and the Joint Committee on the National Capital appointed during previous Parliaments and of the House of Representatives and Senate Standing Committees on Transport, Communications and Infrastructure when sitting as a joint committee on matters relating to the Australian Capital Territory; and
(16) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.