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PUBLIC WORKS COMMITTEE ACT 1969 - SECT 18

Reference of public works to the Committee

             (1)  A motion may be moved in either House of the Parliament that a public work be referred to the Committee for consideration and report.

             (2)  A motion under the last preceding subsection may relate to a public work that has been referred to the Committee as constituted during a previous Parliament.

             (3)  Upon the moving of the motion, the Minister shall furnish to the House in which the motion is moved:

                     (a)  a statement in relation to the public work (including the purpose of the work); and

                     (b)  such plans, specifications and other particulars as the Minister thinks necessary.

             (4)  The Governor‑General may, at any time when the Parliament is not in session or the House of Representatives is adjourned for a period exceeding one month or for an indefinite period, being a time when the Committee is in existence, refer a public work to the Committee for consideration and report.

             (5)  A public work that has been referred to the Committee in accordance with this section shall not be commenced before a report of the Committee concerning the work has been presented to both Houses of the Parliament.

             (6)  If, after a report of the Committee concerning a public work has been presented to both Houses of the Parliament and before the work has been commenced, each House resolves that, for reasons or purposes stated in the resolution, the work be again referred to the Committee for consideration and report, the Committee shall further consider the work and the work shall not be commenced before a further report of the Committee concerning the work has been presented to both Houses.

             (7)  A public work that has been referred to the Committee shall not be commenced unless, after the report of the Committee (or, if there has been a further reference of the work under the last preceding subsection, the report of the Committee on the further reference) has been presented to both Houses of the Parliament, the House of Representatives has resolved that it is expedient to carry out the work.

             (8)  A public work the estimated cost of which exceeds the threshold amount shall not be commenced unless:

                     (a)  the work has been referred to the Committee in accordance with this section;

                     (b)  the House of Representatives has resolved that, by reason of the urgent nature of the work, it is expedient that it be carried out without having been referred to the Committee;

                     (c)  the Governor‑General has, by order, declared that the work is for defence purposes and that the reference of the work to the Committee would be contrary to the public interest; or

                     (d)  the work is a work that has been declared, by a notice under subsection (8A), to be a repetitive work for the purposes of this subsection.

          (8A)  The Minister may, by notice published in the Gazette , declare a work to be a repetitive work for the purposes of subsection (8) if:

                     (a)  he or she is satisfied that the work is substantially similar to other works that have been carried out, are being carried out or are likely to be carried out from time to time by or for the Commonwealth, or by or for an authority of the Commonwealth to which this Act applies; and

                     (b)  the Committee has agreed to the work being so declared.

             (9)  In this section:

"estimated cost" , in relation to a public work, means an estimate of cost made when all particulars of the work substantially affecting its cost have been determined.

"threshold amount" means:

                     (a)  $15,000,000; or

                     (b)  if another amount is specified in the regulations for the purposes of this definition--that other amount.



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