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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Southern and Eastern Integrated Transport
Authority Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. The Project 2
5. Act to bind the Crown 2
PART 2--SOUTHERN AND EASTERN INTEGRATED
TRANSPORT AUTHORITY 3
Division 1--The Authority 3
6. Establishment of Authority 3
7. Authority represents the Crown 3
8. Accountability 3
9. Membership 4
10. Chairperson 4
11. Vacancies, resignations, removal from office 5
12. Acting appointments 5
13. Person to preside at meetings 6
14. Proceedings of the Authority 6
15. Participation in meetings 6
16. Resolutions without meetings 7
17. Validity of decisions 7
18. Chief executive officer 8
Division 2--Functions and powers 9
19. Functions 9
20. Powers 10
21. Delegation 10
22. Superannuation 11
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Clause Page
Division 3--Financial 11
23. Money of Authority 11
24. Borrowing, investment and other financial powers 11
PART 3--REGULATIONS 13
25. Regulations 13
PART 4--AMENDMENT OF BORROWING AND INVESTMENT
POWERS ACT 1987 14
26. Borrowing and Investment Powers Act 1987 14
ENDNOTES 15
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PARLIAMENT OF VICTORIA
Initiated in Assembly 18 March 2003
As amended by Assembly 10 April 2003
A BILL
to establish the Southern and Eastern Integrated Transport Authority,
to amend the Borrowing and Investment Powers Act 1987 and for
other purposes.
Southern and Eastern Integrated
Transport Authority Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to establish the Southern and Eastern
5 Integrated Transport Authority; and
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Southern and Eastern Integrated Transport Authority Act 2003
Act No.
Part 1--Preliminary
s. 2
(b) to facilitate the Southern and Eastern
Integrated Transport Project.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2003, it comes into
operation on that day.
3. Definitions
10 In this Act--
"Authority" means the Southern and Eastern
Integrated Transport Authority established
by this Act;
"member" means member of the Authority and
15 includes an acting member;
"Project" means the project described in
section 4 or any part of that project.
4. The Project
In this Act, a reference to the Project is a reference
20 to the project for an integrated transport corridor
connecting the Eastern Freeway to the Frankston
Freeway including tunnels under the Mullum
Mullum Creek and a link with the Ringwood
By-Pass.
25 5. Act to bind the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
__________________
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Southern and Eastern Integrated Transport Authority Act 2003
Act No.
Part 2--Southern and Eastern Integrated Transport Authority
s. 6
PART 2--SOUTHERN AND EASTERN INTEGRATED
TRANSPORT AUTHORITY
Division 1--The Authority
6. Establishment of Authority
5 (1) The Southern and Eastern Integrated Transport
Authority is established.
(2) The Authority--
(a) is a body corporate with perpetual
succession;
10 (b) has a common seal;
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
15 body corporate may by law do and suffer.
(3) The common seal of the Authority must be kept as
directed by the Authority and must only be used
as authorised by the Authority.
(4) All courts must take judicial notice of the
20 common seal of the Authority affixed to a
document and, until the contrary is proved, must
presume that it was duly affixed.
7. Authority represents the Crown
In performing its functions and exercising its
25 powers, the Authority represents the Crown.
8. Accountability
(1) The Authority is subject to the general direction
and control of the Minister.
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Southern and Eastern Integrated Transport Authority Act 2003
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Part 2--Southern and Eastern Integrated Transport Authority
s. 9
(2) The Authority is subject to any specific direction
given to it by the Minister with the approval of the
Treasurer.
9. Membership
5 (1) The Authority consists of not less than 3 and not
more than 5 part-time members appointed by the
Governor in Council on the recommendation of
the Minister after consultation with the Treasurer.
(2) A member is appointed for the term, not
10 exceeding 5 years, specified in the instrument of
appointment, but is eligible for re-appointment.
(3) A member is appointed on the terms and
conditions that are specified in the instrument of
appointment.
15 (4) A member is entitled to be paid the fees,
allowances and expenses from time to time
determined by the Governor in Council in respect
of him or her.
(5) The Public Sector Management and
20 Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to a
member in respect of the office of member.
10. Chairperson
(1) The Governor in Council must appoint one of the
25 members as chairperson of the Authority and may
appoint another of the members as deputy
chairperson of the Authority.
(2) The chairperson or deputy chairperson may resign
from the office of chairperson or deputy
30 chairperson by notice in writing signed by him or
her and delivered to the Minister.
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Southern and Eastern Integrated Transport Authority Act 2003
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11. Vacancies, resignations, removal from office
(1) The office of a member becomes vacant if the
member--
(a) without the Authority's approval, fails to
5 attend 3 consecutive meetings of the
Authority; or
(b) becomes an insolvent under administration
as defined in section 9 of the Corporations
Act; or
10 (c) is convicted of an indictable offence or an
offence which, if committed in Victoria,
would be an indictable offence.
(2) A member may resign from office by notice in
writing signed by him or her and delivered to the
15 Minister.
(3) The Governor in Council may remove a member
from office.
12. Acting appointments
(1) The Governor in Council may appoint a person to
20 act in the place of a member who is absent from
duty or who, for any other reason, is unable to
perform the duties of the office.
(2) An acting member is appointed for the term, and
on such other terms and conditions, as are
25 specified in the instrument of appointment.
(3) A person appointed under sub-section (1) has all
the powers, and may perform all the duties, of the
member for whom he or she is acting.
(4) The Governor in Council may at any time
30 terminate an acting appointment.
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Southern and Eastern Integrated Transport Authority Act 2003
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s. 13
13. Person to preside at meetings
The chairperson of the Authority, or, in his or her
absence, the deputy chairperson of the Authority
or, in the absence of both of them, a member
5 appointed by the members present, must preside at
a meeting of the Authority.
14. Proceedings of the Authority
(1) A majority of the members for the time being
appointed to the Authority constitutes a quorum of
10 the Authority.
(2) A question arising at a meeting shall be
determined by a majority of votes of the members
present who are eligible to vote, and vote, on that
question and, if voting is equal, the chairperson or
15 other member presiding, has a casting as well as a
deliberative vote.
(3) The Authority must ensure that accurate minutes
are kept of its meetings.
(4) Subject to this Act, the Authority may regulate its
20 own proceedings.
15. Participation in meetings
(1) If all the members who are not absent from duty
so agree, a meeting may be held by means of a
method of communication, or by means of a
25 combination of methods of communication,
approved by the Authority for the purpose of that
meeting.
(2) For the purposes of this Act, a member who
participates in a meeting held as permitted by sub-
30 section (1) is present at the meeting even if he or
she is not physically present at the same place as
another member participating in the meeting.
(3) In this section, "meeting" includes part of a
meeting.
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Part 2--Southern and Eastern Integrated Transport Authority
s. 16
16. Resolutions without meetings
(1) If--
(a) the Authority has taken reasonable steps to
give notice to each member setting out the
5 terms of a proposed resolution; and
(b) a majority of members for the time being
sign a document containing a statement that
they are in favour of the resolution in the
terms set out in the document--
10 a resolution in those terms is deemed to have been
passed at a meeting of the Authority held on the
day on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
15 those members signs the document.
(2) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
20 document.
(3) If a resolution is deemed by this section to have
been passed at a meeting of the Authority, each
member must as soon as practicable be advised of
the matter and given a copy of the resolution.
25 17. Validity of decisions
An act or decision of the Authority is not
invalid--
(a) by reason only--
(i) of a defect or irregularity in, or in
30 connection with, the appointment of a
member; or
(ii) of a vacancy in the office of a member;
or
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Southern and Eastern Integrated Transport Authority Act 2003
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Part 2--Southern and Eastern Integrated Transport Authority
s. 18
(b) on the ground that the occasion for an acting
member to act had not arisen or had ceased.
18. Chief executive officer
(1) The Authority, with the approval of the Minister
5 after consultation with the Treasurer, may appoint
a person as chief executive officer of the
Authority.
(2) The chief executive officer holds office for such
term, not exceeding 5 years, and on such other
10 terms and conditions as are determined by the
Authority and specified in the instrument of
appointment.
(3) The chief executive officer is entitled to be paid
the remuneration and allowances that are specified
15 in his or her instrument of appointment or are
fixed from time to time in respect of him or her by
the Authority.
(4) The Authority may appoint a person as acting
chief executive officer--
20 (a) during a vacancy in the office of chief
executive officer; or
(b) while the chief executive officer is absent
from duty or is, for any other reason, unable
to perform the duties of the office of chief
25 executive officer.
(5) While a person is acting chief executive officer,
he or she has all the powers, and may perform all
the duties, of the chief executive officer.
(6) An acting chief executive officer is appointed on
30 the terms and conditions (including remuneration
and allowances) determined by the Authority and
specified in the instrument of appointment.
(7) The Authority may at any time terminate an acting
appointment.
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Southern and Eastern Integrated Transport Authority Act 2003
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Part 2--Southern and Eastern Integrated Transport Authority
s. 19
Division 2--Functions and powers
19. Functions
The functions of the Authority are--
(a) to facilitate, on behalf of the State, the
5 development of the Project;
(b) to seek and evaluate submissions from
persons interested in undertaking the Project;
(c) to negotiate with persons interested in
undertaking the Project;
10 (d) to make recommendations in relation to
contractual arrangements between the State
and any other person for the development or
delivery of the Project;
(e) to administer and manage agreements and
15 arrangements between the State and any
other person for, or relating to, the
development or delivery of the Project;
(f) to facilitate and co-ordinate consultations
with statutory authorities and agencies of the
20 State and other bodies or persons involved
in, or affected by, the development or
operation of the Project;
(g) to negotiate and enter into arrangements with
statutory authorities and agencies of the State
25 and other bodies or persons involved in, or
affected by, the development or operation of
the Project;
(h) to make recommendations to the Minister in
relation to facilitating the Project and
30 co-ordinating with statutory authorities,
agencies of the State and other bodies or
persons involved in, or affected by, the
development or operation of the Project;
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Southern and Eastern Integrated Transport Authority Act 2003
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Part 2--Southern and Eastern Integrated Transport Authority
s. 20
(i) to ensure that agreements and arrangements
between the State and any other person for,
or relating to, the development or delivery of
the Project are performed in accordance with
5 their terms;
(j) to undertake any other functions that are
conferred on the Authority by or under this
or any other Act.
20. Powers
10 For the purpose of performing its functions, the
Authority, in addition to all other powers
conferred on it by or under this or any other Act--
(a) may employ or engage staff or consultants;
(b) may enter into arrangements for the services
15 of persons employed under Part 3 of the
Public Sector Management and
Employment Act 1998;
(c) may appoint agents and attorneys, and act as
agent;
20 (d) may do all other things necessary or
convenient to be done for, or in connection
with, or as incidental to, the performance of
its functions.
21. Delegation
25 The Authority may, by instrument under its
common seal, delegate--
(a) to a member; or
(b) to the chief executive officer or any
employee of the Authority; or
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Southern and Eastern Integrated Transport Authority Act 2003
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Part 2--Southern and Eastern Integrated Transport Authority
s. 22
(c) with the approval of the Minister, to any
person employed under Part 3 of the Public
Sector Management and Employment Act
1998--
5 any power of the Authority, other than this power
of delegation.
22. Superannuation
If the chief executive officer or an employee of
the Authority was immediately before his or her
10 appointment an officer within the meaning of the
State Superannuation Act 1988 or a member
within the meaning of the Transport
Superannuation Act 1988, he or she continues to
be such an officer or member while serving with
15 the Authority.
Division 3--Financial
23. Money of Authority
(1) All money received by the Authority must be paid
into a banking account established by the
20 Authority.
(2) One or more banking accounts may be held in the
name of the Authority.
(3) The Authority may only expend money in
accordance with a budget jointly approved by the
25 Minister and the Treasurer.
24. Borrowing, investment and other financial powers
(1) The Authority has the powers conferred on it by
the Borrowing and Investment Powers Act
1987.
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Southern and Eastern Integrated Transport Authority Act 2003
Act No.
Part 2--Southern and Eastern Integrated Transport Authority
s. 24
(2) The Authority may, with the approval of the
Treasurer, enter into arrangements for the
protection of the value of its assets or liabilities
against movements in interest rates or currency
5 rates.
__________________
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Southern and Eastern Integrated Transport Authority Act 2003
Act No.
Part 3--Regulations
s. 25
PART 3--REGULATIONS
25. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
5 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
__________________
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Southern and Eastern Integrated Transport Authority Act 2003
Act No.
Part 4--Amendment of Borrowing and Investment Powers Act 1987
s. 26
PART 4--AMENDMENT OF BORROWING AND
INVESTMENT POWERS ACT 1987
26. Borrowing and Investment Powers Act 1987
See: In Schedule 1 to the Borrowing and Investment
Act No.
5 Powers Act 1987, after item 12 insert--
13/1987.
Reprint No. 6
"12A. Southern and Eastern 5, 8, 10, 11, 11AA,
as at
Integrated Transport 11AB, 13, 14, 14A,
1 July 2001
and Authority 15, 20, 20A, 21".
amending
Act Nos
66/2000,
81/2000 and
87/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
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Southern and Eastern Integrated Transport Authority Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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