2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Infrastructure Australia Bill 2008 No. , 2008 (Infrastructure, Transport, Regional Development and Local Government) A Bill for an Act to establish Infrastructure Australia and the Infrastructure Coordinator, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Definitions ......................................................................................... 2 Part 2--Infrastructure Australia 3 Division 1--Establishment and functions of Infrastructure Australia 3 4 Establishment..................................................................................... 3 5 Functions ........................................................................................... 3 6 Minister may give directions to Infrastructure Australia ................... 5 Division 2--Constitution and membership of Infrastructure Australia 6 7 Constitution ....................................................................................... 6 8 Appointment of members .................................................................. 6 9 Term of appointment ......................................................................... 7 10 Acting appointments .......................................................................... 7 11 Remuneration..................................................................................... 7 12 Leave of absence................................................................................ 8 13 Disclosure of interests to the Minister ............................................... 8 14 Disclosure of interests to Infrastructure Australia ............................. 8 15 Outside employment .......................................................................... 9 16 Other terms and conditions ................................................................ 9 17 Resignation of members .................................................................... 9 18 Termination of appointment ............................................................ 10 Division 3--Meetings of Infrastructure Australia 11 19 Convening meetings ........................................................................ 11 20 Presiding at meetings ....................................................................... 11 21 Quorum............................................................................................ 11 22 Voting at meetings........................................................................... 12 23 Conduct of meetings ........................................................................ 12 24 Minutes ............................................................................................ 12 25 Decisions without meetings ............................................................. 12 Division 4--Reports 14 26 Annual reports ................................................................................. 14 [Page Break] Division 1--Establishment and functions of the Infrastructure Coordinator 15 27 Establishment................................................................................... 15 28 Functions ......................................................................................... 15 Division 2--Terms and conditions of appointment 16 29 Appointment .................................................................................... 16 30 Term of appointment ....................................................................... 16 31 Acting Infrastructure Coordinator ................................................... 16 32 Remuneration................................................................................... 17 33 Leave of absence.............................................................................. 17 34 Disclosure of interests to the Minister ............................................. 17 35 Outside employment ........................................................................ 17 36 Other terms and conditions .............................................................. 18 37 Resignation ...................................................................................... 18 38 Termination of appointment ............................................................ 18 Division 3--Staff assisting the Infrastructure Coordinator 19 39 Staff assisting the Infrastructure Coordinator .................................. 19 Part 4--Miscellaneous 20 40 Delegation........................................................................................ 20 41 Regulations ...................................................................................... 20 [Page Break] 2 Australia and the Infrastructure Coordinator, and 3 for related purposes 4 The Parliament of Australia enacts: 5 Part 1--Preliminary 6 7 1 Short title 8 This Act may be cited as the Infrastructure Australia Act 2008. 9 2 Commencement 10 This Act commences on the day after it receives the Royal Assent. Infrastructure Australia Bill 2008 No. , 2008 1 [Page Break] 2 In this Act: 3 Chair means the Chair of Infrastructure Australia. 4 COAG means the Council of Australian Governments. 5 full-time Chair means a Chair appointed on a full-time basis. 6 Infrastructure Australia means the body established by section 4. 7 Infrastructure Coordinator means the Infrastructure Coordinator 8 established by section 27. 9 member means a member of Infrastructure Australia and includes 10 the Chair. 11 nationally significant infrastructure includes: 12 (a) transport infrastructure; and 13 (b) energy infrastructure; and 14 (c) communications infrastructure; and 15 (d) water infrastructure; 16 in which investment or further investment will materially improve 17 national productivity. 18 part-time Chair means a Chair appointed on a part-time basis. [Page Break] 2 Part 2--Infrastructure Australia 3 Division 1--Establishment and functions of Infrastructure 4 Australia 5 4 Establishment 6 Infrastructure Australia is established by this section. 7 5 Functions 8 Primary function--providing advice 9 (1) Infrastructure Australia has the primary function of providing 10 advice to the Minister, Commonwealth, State, Territory and local 11 governments, investors in infrastructure and owners of 12 infrastructure on matters relating to infrastructure, including in 13 relation to the following: 14 (a) Australia's current and future needs and priorities relating to 15 nationally significant infrastructure; 16 (b) policy, pricing and regulatory issues that may impact on the 17 utilisation of infrastructure; 18 (c) impediments to the efficient utilisation of national 19 infrastructure networks; 20 (d) options and reforms, including regulatory reforms, to make 21 the utilisation of national infrastructure networks more 22 efficient; 23 (e) the needs of users of infrastructure; 24 (f) mechanisms for financing investment in infrastructure. 25 Additional functions 26 (2) Infrastructure Australia has the following additional functions: 27 (a) to conduct audits to determine the adequacy, capacity and 28 condition of nationally significant infrastructure, taking into 29 account forecast growth; [Page Break] 2 that prioritise Australia's infrastructure needs; 3 (c) to review and provide advice on proposals to facilitate the 4 harmonisation of policies, and laws, relating to development 5 of, and investment in, infrastructure; 6 (d) to evaluate proposals for investment in, or enhancements to, 7 nationally significant infrastructure; 8 (e) to identify any impediments to investment in nationally 9 significant infrastructure and identify strategies to remove 10 any impediments identified; 11 (f) to promote investment in infrastructure; 12 (g) to provide advice on infrastructure policy issues arising from 13 climate change; 14 (h) to review Commonwealth infrastructure funding programs to 15 ensure they align with any Infrastructure Priority Lists; 16 (i) to undertake or commission research relating to Infrastructure 17 Australia's other functions; 18 (j) any functions that the Minister, by writing, directs 19 Infrastructure Australia to perform; 20 (k) any other functions conferred on Infrastructure Australia by 21 this Act or any other law. 22 Performance of functions 23 (3) Infrastructure Australia is to perform a function under 24 subsection (1) or paragraph (2)(a), (b), (e), (f) or (i): 25 (a) if it thinks fit; or 26 (b) on request by the Minister. 27 (4) Infrastructure Australia is to perform a function under 28 paragraph (2)(c), (d), (g) or (h) on request by the Minister. 29 Direction is not a legislative instrument 30 (5) A direction made under paragraph (2)(j) is not a legislative 31 instrument. [Page Break] 2 (1) The Minister may give written directions to Infrastructure Australia 3 about the performance of its functions. 4 (2) The Minister may have regard to any decisions by COAG in giving 5 directions under subsection (1). 6 (3) Directions given by the Minister under subsection (1) must be of a 7 general nature only. 8 (4) The Minister must not give directions about the content of any 9 advice that may be given by Infrastructure Australia. 10 (5) Infrastructure Australia must comply with any direction given by 11 the Minister under subsection (1). 12 (6) A direction given by the Minister under subsection (1) is not a 13 legislative instrument. [Page Break] 2 Division 2--Constitution and membership of 3 Infrastructure Australia 4 7 Constitution 5 Infrastructure Australia consists of: 6 (a) the Chair; and 7 (b) 11 other members. 8 Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of 9 the Chair. 10 8 Appointment of members 11 (1) Members (including the Chair) are to be appointed by the Minister 12 by written instrument. 13 (2) In making appointments, the Minister must ensure that: 14 (a) he or she is satisfied that each member has knowledge of, or 15 experience in, a field relevant to Infrastructure Australia's 16 functions; and 17 (b) 9 members (of whom one is the Chair) are people nominated 18 by the Commonwealth; and 19 (c) 5 of the members (of whom one is the Chair) covered by 20 paragraph (b) have acquired the knowledge or experience 21 referred to in paragraph (a) in the private sector; and 22 (d) one of the members covered by paragraph (b) has acquired 23 the knowledge or experience referred to in paragraph (a) in 24 local government; and 25 (e) 3 members are people nominated by agreement between the 26 States, the Australian Capital Territory and the Northern 27 Territory. 28 (3) The Chair may be appointed on a full-time or part-time basis. 29 (4) A member, other than the Chair, must be appointed on a part-time 30 basis. [Page Break] 2 A member holds office for the period specified in the instrument of 3 appointment. The period must not exceed 3 years. 4 Note: A member is eligible for reappointment: see subsection 33(4A) of the 5 Acts Interpretation Act 1901. 6 10 Acting appointments 7 (1) The Minister may appoint a member to act as the Chair: 8 (a) during a vacancy in the office of Chair (whether or not an 9 appointment has previously been made to the office); or 10 (b) during any period, or during all periods, when the Chair is 11 absent from duty or from Australia, or is, for any reason, 12 unable to perform the duties of the office. 13 (2) The Minister may appoint a person to act as a member: 14 (a) during a vacancy in the office of a member (whether or not 15 an appointment has previously been made to the office); or 16 (b) during any period, or during all periods, when a member is 17 absent from duty or from Australia, or is, for any reason, 18 unable to perform the duties of the office. 19 Note: Section 33A of the Acts Interpretation Act 1901 has rules that apply to 20 acting appointments. 21 (3) Anything done by or in relation to a person purporting to act under 22 an appointment is not invalid merely because: 23 (a) the occasion for the appointment had not arisen; or 24 (b) there was a defect or irregularity in connection with the 25 appointment; or 26 (c) the appointment had ceased to have effect; or 27 (d) the occasion to act had not arisen or had ceased. 28 11 Remuneration 29 (1) A member is to be paid the remuneration that is determined by the 30 Remuneration Tribunal. If no determination of that remuneration 31 by the Tribunal is in operation, the member is to be paid the 32 remuneration that is prescribed. [Page Break] 2 (3) This section has effect subject to the Remuneration Tribunal Act 3 1973. 4 12 Leave of absence 5 Full-time Chair 6 (1) A full-time Chair has the recreation leave entitlements that are 7 determined by the Remuneration Tribunal. 8 (2) The Minister may grant a full-time Chair leave of absence, other 9 than recreation leave, on the terms and conditions as to 10 remuneration or otherwise that the Minister determines. 11 Part-time Chair 12 (3) The Minister may grant leave of absence to a part-time Chair on 13 the terms and conditions that the Minister determines. 14 Other members 15 (4) The Chair may grant leave of absence to any other member on the 16 terms and conditions that the Chair determines. 17 (5) The Chair must notify the Minister if the Chair grants to a member 18 leave of absence for a period that exceeds 6 months. 19 13 Disclosure of interests to the Minister 20 A member must give written notice to the Minister of all interests, 21 pecuniary or otherwise, that the member has or acquires and that 22 conflict or could conflict with the proper performance of the 23 member's functions. 24 14 Disclosure of interests to Infrastructure Australia 25 (1) A member who has an interest, pecuniary or otherwise, in a matter 26 being considered or about to be considered by Infrastructure 27 Australia must disclose the nature of the interest to a meeting of 28 Infrastructure Australia. [Page Break] 2 facts have come to the member's knowledge. 3 (3) The disclosure must be recorded in the minutes of the meeting of 4 Infrastructure Australia. 5 (4) Unless Infrastructure Australia otherwise determines, the member: 6 (a) must not be present during any deliberation by Infrastructure 7 Australia on the matter; and 8 (b) must not take part in any decision of Infrastructure Australia 9 with respect to the matter. 10 (5) For the purposes of making a determination under subsection (4), 11 the member: 12 (a) must not be present during any deliberation of Infrastructure 13 Australia for the purpose of making the determination; and 14 (b) must not take part in making the determination. 15 (6) A determination under subsection (4) must be recorded in the 16 minutes of the meeting of Infrastructure Australia. 17 15 Outside employment 18 A full-time Chair must not engage in paid employment outside the 19 duties of his or her office without the Minister's approval. 20 16 Other terms and conditions 21 A member holds office on the terms and conditions (if any) in 22 relation to matters not covered by this Act that are determined by 23 the Minister. 24 17 Resignation of members 25 (1) A member may resign his or her appointment by giving the 26 Minister a written resignation. 27 (2) The resignation takes effect on the day it is received by the 28 Minister or, if a later day is specified in the resignation, on that 29 later day. [Page Break] 2 All members 3 (1) The Minister may terminate the appointment of a member for 4 misbehaviour or physical or mental incapacity. 5 (2) The Minister may terminate the appointment of a member if: 6 (a) the member: 7 (i) becomes bankrupt; or 8 (ii) applies to take the benefit of any law for the relief of 9 bankrupt or insolvent debtors; or 10 (iii) compounds with his or her creditors; or 11 (iv) makes an assignment of his or her remuneration for the 12 benefit of his or her creditors; or 13 (b) the member fails, without reasonable excuse, to comply with 14 section 13 or 14 (disclosure of interests). 15 Additional grounds for full-time Chair 16 (3) The Minister may terminate the appointment of a full-time Chair if: 17 (a) the Chair is absent, except on leave of absence, for 14 18 consecutive days or for 28 days in any 12 months; or 19 (b) the Chair engages, except with the Minister's approval, in 20 paid employment outside the duties of his or her office (see 21 section 15). 22 Additional ground for part-time Chair and other members 23 (4) The Minister may terminate the appointment of a member (other 24 than a full-time Chair) if the member is absent, except on leave of 25 absence, from 3 consecutive meetings of Infrastructure Australia. [Page Break] 2 Division 3--Meetings of Infrastructure Australia 3 19 Convening meetings 4 (1) Infrastructure Australia must hold the meetings that are necessary 5 for the efficient performance of its functions. 6 (2) Meetings are to be held at the times and places that Infrastructure 7 Australia determines. 8 Note: See also section 33B of the Acts Interpretation Act 1901, which 9 contains extra rules about meetings by telephone etc. 10 (3) The Chair: 11 (a) may convene a meeting; and 12 (b) must convene at least 4 meetings each calendar year; and 13 (c) must convene a meeting if requested in writing by: 14 (i) 3 or more other members; or 15 (ii) the Minister. 16 20 Presiding at meetings 17 (1) The Chair must preside at all meetings at which he or she is 18 present. 19 (2) If the Chair is not present at a meeting, the other members present 20 must appoint a member to preside. 21 21 Quorum 22 (1) At a meeting of Infrastructure Australia, 8 members constitute a 23 quorum. 24 (2) However, if: 25 (a) section 14 prevents a member from participating in the 26 deliberations or decisions of Infrastructure Australia with 27 respect to a particular matter; and 28 (b) when the member leaves the meeting concerned there is no 29 longer a quorum present; [Page Break] 2 purpose of any deliberation or decision at that meeting with respect 3 to that matter. 4 22 Voting at meetings 5 (1) A question arising at a meeting is to be determined by a majority of 6 the votes of the members present and voting. 7 (2) The person presiding at a meeting has a deliberative vote and, in 8 the event of an equality of votes, a casting vote. 9 23 Conduct of meetings 10 Infrastructure Australia may regulate proceedings at its meetings as 11 it considers appropriate. 12 24 Minutes 13 Infrastructure Australia must keep minutes of its meetings. 14 25 Decisions without meetings 15 (1) Infrastructure Australia is taken to have made a decision at a 16 meeting if: 17 (a) without meeting, a majority of the members entitled to vote 18 on the proposed decision indicate agreement with the 19 decision; and 20 (b) that agreement is indicated in accordance with the method 21 determined by Infrastructure Australia under subsection (2); 22 and 23 (c) all the members were informed of the proposed decision, or 24 reasonable efforts were made to inform all the members of 25 the proposed decision. 26 (2) Subsection (1) applies only if Infrastructure Australia: 27 (a) has determined that it may make decisions of that kind 28 without meeting; and 29 (b) has determined the method by which members are to indicate 30 agreement with proposed decisions. [Page Break] 2 vote on a proposed decision if the member would not have been 3 entitled to vote on that proposal if the matter had been considered 4 at a meeting of Infrastructure Australia. 5 (4) Infrastructure Australia must keep a record of decisions made in 6 accordance with this section. [Page Break] 2 Division 4--Reports 3 26 Annual reports 4 (1) Infrastructure Australia must, as soon as practicable after the end of 5 each financial year, prepare and give to the Minister, for 6 presentation to the Parliament, a report on Infrastructure 7 Australia's operations during that year. 8 Note: See also section 34C of the Acts Interpretation Act 1901, which 9 contains extra rules about annual reports. 10 (2) Infrastructure Australia must include in the report details of any 11 directions given to it by the Minister under paragraph 5(2)(j) or 12 subsection 6(1) during the year. [Page Break] 2 Part 3--The Infrastructure Coordinator 3 Division 1--Establishment and functions of the 4 Infrastructure Coordinator 5 27 Establishment 6 There is to be an Infrastructure Coordinator. 7 28 Functions 8 (1) The primary function of the Infrastructure Coordinator is to assist 9 Infrastructure Australia in the performance of Infrastructure 10 Australia's functions. 11 (2) The Infrastructure Coordinator also has any functions that the 12 Minister, by writing, directs the Infrastructure Coordinator to 13 perform. 14 (3) The Minister may have regard to any views of Infrastructure 15 Australia in making directions under subsection (2). 16 (4) A direction made under subsection (2) is not a legislative 17 instrument. [Page Break] 2 Division 2--Terms and conditions of appointment 3 29 Appointment 4 (1) The Infrastructure Coordinator is to be appointed by the Minister 5 by written instrument. 6 (2) The Infrastructure Coordinator is to be appointed on a full-time 7 basis. 8 30 Term of appointment 9 The Infrastructure Coordinator holds office for the period specified 10 in the instrument of appointment. The period must not exceed 5 11 years. 12 Note: The Infrastructure Coordinator is eligible for reappointment: see 13 subsection 33(4A) of the Acts Interpretation Act 1901. 14 31 Acting Infrastructure Coordinator 15 (1) The Minister may appoint a person to act as the Infrastructure 16 Coordinator: 17 (a) during a vacancy in the office of the Infrastructure 18 Coordinator (whether or not an appointment has previously 19 been made to the office); or 20 (b) during any period, or during all periods, when the 21 Infrastructure Coordinator is absent from duty or from 22 Australia, or is, for any reason, unable to perform the duties 23 of the office. 24 Note: Section 33A of the Acts Interpretation Act 1901 has rules that apply to 25 acting appointments. 26 (2) Anything done by or in relation to a person purporting to act under 27 an appointment is not invalid merely because: 28 (a) the occasion for the appointment had not arisen; or 29 (b) there was a defect or irregularity in connection with the 30 appointment; or 31 (c) the appointment had ceased to have effect; or [Page Break] 2 32 Remuneration 3 (1) The Infrastructure Coordinator is to be paid the remuneration that 4 is determined by the Remuneration Tribunal. If no determination of 5 that remuneration by the Tribunal is in operation, the Infrastructure 6 Coordinator is to be paid the remuneration that is prescribed. 7 (2) The Infrastructure Coordinator is to be paid the allowances that are 8 prescribed. 9 (3) This section has effect subject to the Remuneration Tribunal Act 10 1973. 11 33 Leave of absence 12 (1) The Infrastructure Coordinator has the recreation leave 13 entitlements that are determined by the Remuneration Tribunal. 14 (2) The Minister may grant the Infrastructure Coordinator leave of 15 absence, other than recreation leave, on the terms and conditions as 16 to remuneration or otherwise that the Minister determines. 17 34 Disclosure of interests to the Minister 18 The Infrastructure Coordinator must give written notice to the 19 Minister of all interests, pecuniary or otherwise, that the 20 Infrastructure Coordinator has or acquires and that conflict or could 21 conflict with the proper performance of the Infrastructure 22 Coordinator's functions. 23 35 Outside employment 24 The Infrastructure Coordinator must not engage in paid 25 employment outside the duties of his or her office without the 26 Minister's approval. [Page Break] 2 The Infrastructure Coordinator holds office on the terms and 3 conditions (if any) in relation to matters not covered by this Act 4 that are determined by the Minister. 5 37 Resignation 6 (1) The Infrastructure Coordinator may resign his or her appointment 7 by giving the Minister a written resignation. 8 (2) The resignation takes effect on the day it is received by the 9 Minister or, if a later day is specified in the resignation, on that 10 later day. 11 38 Termination of appointment 12 (1) The Minister may terminate the appointment of the Infrastructure 13 Coordinator for misbehaviour or physical or mental incapacity. 14 (2) The Minister may terminate the appointment of the Infrastructure 15 Coordinator if: 16 (a) the Infrastructure Coordinator: 17 (i) becomes bankrupt; or 18 (ii) applies to take the benefit of any law for the relief of 19 bankrupt or insolvent debtors; or 20 (iii) compounds with his or her creditors; or 21 (iv) makes an assignment of his or her remuneration for the 22 benefit of his or her creditors; or 23 (b) the Infrastructure Coordinator is absent, except on leave of 24 absence, for 14 consecutive days or for 28 days in any 12 25 months; or 26 (c) the Infrastructure Coordinator engages, except with the 27 Minister's approval, in paid employment outside the duties of 28 his or her office (see section 35); or 29 (d) the Infrastructure Coordinator fails, without reasonable 30 excuse, to comply with section 34 (disclosure of interests). [Page Break] 2 Division 3--Staff assisting the Infrastructure Coordinator 3 39 Staff assisting the Infrastructure Coordinator 4 The staff assisting the Infrastructure Coordinator are to be persons 5 engaged under the Public Service Act 1999 and made available for 6 the purpose by the Secretary of the Department. [Page Break] 2 Part 4--Miscellaneous 3 4 40 Delegation 5 (1) The Minister may, by writing, delegate any or all of his or her 6 functions and powers under this Act (other than a function or 7 power under paragraph 5(2)(j), section 6, 8 or 18, subsection 28(2) 8 or section 29 or 38) to: 9 (a) the Secretary of the Department; or 10 (b) an SES employee, or acting SES employee, in the 11 Department. 12 (2) In exercising functions or powers delegated under subsection (1), 13 the delegate must comply with any directions of the Minister. 14 41 Regulations 15 The Governor-General may make regulations prescribing matters: 16 (a) required or permitted by this Act to be prescribed; or 17 (b) necessary or convenient to be prescribed for carrying out or 18 giving effect to this Act.