AUSTRALIAN JOBS BILL 2013

2010-2011-2012-2013

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Australian Jobs Bill 2013

No. , 2013

(Industry, Innovation, Climate Change, Science, Research and Tertiary Education)

A Bill for an Act about Australian industry

participation plans for major projects, and for

other purposes

i Australian Jobs Bill 2013 No. , 2013

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Object ................................................................................................. 2

Simplified outline .............................................................................. 3

Definitions ......................................................................................... 4

Eligible facility .................................................................................. 9

Designated project ........................................................................... 11

Major project ................................................................................... 12

Person responsible for carrying out project ..................................... 14

Key goods or services ...................................................................... 15

Key goods or services for a project .................................................. 17

Key goods or services for a new relevant facility's initial

operational phase ............................................................................. 17

Trigger date ...................................................................................... 17

Crown to be bound ........................................................................... 19

Extension to external Territories ...................................................... 19

Extension to exclusive economic zone and continental shelf .......... 19

Part 2--Australian Industry Participation plans

Division 1--Australian Industry Participation plans

Project proponent must give draft AIP plan to the Authority .......... 20

Approval of draft AIP plan .............................................................. 21

Replacement of approved AIP plan before completion of

project .............................................................................................. 22

Replacement of approved AIP plan after completion of

project .............................................................................................. 23

Duration of approved AIP plan ........................................................ 25

Summary of specified steps ............................................................. 25

22A

Project proponent must notify estimated completion date for

a new relevant facility ...................................................................... 25

Compliance with approved AIP plan ............................................... 26

Compliance report--project proponent ........................................... 26

Compliance report--operator of new relevant facility .................... 27

Record-keeping--project proponent ................................................ 28

Record-keeping--operator of new relevant facility ......................... 29

Division 2--AIP plan rules

Subdivision A--General rules

Australian Jobs Bill 2013 No. , 2013 ii

AIP plan rules .................................................................................. 30

AIP plan must have Parts ................................................................. 30

AIP plan must be in the approved form ........................................... 30

Subdivision B--Rule for Part A of the plan (Title)

Title .................................................................................................. 30

Subdivision C--Rules for Part B of the plan (Project Phase)

Part B of AIP plan binds project proponent ..................................... 31

Key objective ................................................................................... 31

Primary obligations of project proponent ........................................ 31

Other obligations of project proponent ............................................ 32

Subdivision D--Rules for Part C of the plan (Initial Facility

Operational Phase)

Part C of the plan binds operator of new relevant facility ............... 34

Key objective ................................................................................... 34

Primary obligations of operator of new relevant facility ................. 34

Other obligations of operator of new relevant facility ..................... 35

Part 3--Notification obligations

Division 1--Major projects

Authority to be notified of preliminary trigger day for major

project .............................................................................................. 38

Person must notify Authority if the person becomes a project

proponent for a major project .......................................................... 39

Person must notify Authority if the person ceases to be a

project proponent for a major project .............................................. 39

Project proponent must notify Authority if major project is

abandoned or cancelled .................................................................... 40

Project proponent must notify Authority of certain events .............. 40

Division 2--New relevant facilities

Person must notify Authority if the person becomes an

operator of new relevant facility ...................................................... 41

Person must notify Authority if the person ceases to be an

operator of new relevant facility ...................................................... 41

Operator of new relevant facility must notify Authority of

certain events ................................................................................... 42

Part 4--Information-gathering powers

Division 1--General powers

Authority may obtain information or documents ............................. 43

Copying documents--compensation ............................................... 43

Copies of documents ........................................................................ 44

iii Australian Jobs Bill 2013 No. , 2013

Authority may retain documents ...................................................... 44

Self-incrimination ............................................................................ 44

Division 2--Powers to obtain information from project

proponent

Authority may obtain information from project proponent ............. 45

Division 3--Powers to obtain information from operator of

facility

Authority may obtain information from operator of new

relevant facility ................................................................................ 46

Part 5--Consequences of non-compliance

Division 1--Administrative consequences of non-compliance

Administrative consequences of non-compliance ............................ 48

Division 2--Injunctions

Injunctions ....................................................................................... 51

Interim injunctions ........................................................................... 51

Discharge etc. of injunctions............................................................ 52

Certain limits on granting injunctions not to apply .......................... 52

Other powers of the court unaffected ............................................... 52

Part 6--Multiple project proponents and multiple facility

operators

Division 1--Multiple project proponents

References to project proponents ..................................................... 53

Obligations of multiple project proponents ..................................... 53

Division 2--Multiple facility operators

References to operators of new relevant facilities ........................... 55

Obligations of multiple operators of new relevant facility .............. 55

Part 7--Australian Industry Participation Authority

Division 1--Office and functions of the Australian Industry

Participation Authority

Establishment of the Australian Industry Participation

Authority .......................................................................................... 57

Functions of the Authority ............................................................... 57

Division 2--Appointment of the Authority

Appointment of the Authority .......................................................... 59

Period of appointment for the Authority .......................................... 59

Acting appointments ........................................................................ 59

Australian Jobs Bill 2013 No. , 2013 iv

Division 3--Terms and conditions for the Authority

Remuneration and allowances ......................................................... 61

Leave of absence .............................................................................. 61

Outside employment ........................................................................ 61

Disclosure of interests to the Minister ............................................. 61

Resignation ...................................................................................... 61

Termination of appointment ............................................................ 62

Other terms and conditions .............................................................. 62

Division 4--Delegation

Delegation by Authority .................................................................. 63

Division 5--Staff and consultants

Staff assisting the Authority ............................................................ 64

Other persons assisting the Authority .............................................. 64

Consultants ...................................................................................... 64

Division 6--Reports

Annual report ................................................................................... 65

Division 7--Directions by Minister

Minister may give directions to the Authority ................................. 66

Part 8--Australian Industry Participation Advisory Board

Division 1--Australian Industry Participation Advisory Board

Establishment of Australian Industry Participation Advisory

Board ............................................................................................... 67

Functions of AIP advisory board ..................................................... 67

Division 2--Appointment etc. of AIP advisory board members

Membership of AIP advisory board ................................................. 68

Appointment of advisory board members etc. ................................. 68

Vacancy in the membership of AIP advisory board ........................ 68

Division 3--Terms and conditions for advisory board members

Remuneration and allowances ......................................................... 69

Leave of absence .............................................................................. 69

Disclosure of interests to the Minister ............................................. 69

Disclosure of interests to AIP advisory board ................................. 69

Resignation ...................................................................................... 70

Termination of appointment ............................................................ 70

Division 4--AIP advisory board procedures etc.

Procedures of AIP advisory board ................................................... 71

Presiding at meetings ....................................................................... 71

Quorum ............................................................................................ 71

v Australian Jobs Bill 2013 No. , 2013

Voting at meetings ........................................................................... 72

100

Conduct of meetings ........................................................................ 72

101

Minutes ............................................................................................ 72

Part 9--Secrecy

102

Secrecy ............................................................................................. 73

103

Disclosure or use for the purposes of this Act etc. ........................... 73

104

Disclosure to Minister ...................................................................... 74

105

Disclosure to Secretary etc. ............................................................. 74

106

Disclosure to a Royal Commission .................................................. 74

107

Disclosure to certain agencies, bodies and persons ......................... 74

108

Disclosure with consent ................................................................... 76

109

Disclosure of publicly available information ................................... 77

110

Disclosure of summaries or statistics ............................................... 77

111

Disclosure for purposes of law enforcement .................................... 77

Part 10--Review of decisions

112

Review by the Administrative Appeals Tribunal ............................. 80

Part 11--Miscellaneous

117

Operation of new relevant facility--constitutional basis ................. 81

118

Concurrent operation of State and Territory laws ............................ 81

119

Constitutional limitations ................................................................. 82

120

No interference with powers and functions of another

jurisdiction ....................................................................................... 82

121

Compensation for acquisition of property ....................................... 83

122

Validity of transactions in contravention of Act .............................. 83

123

Consideration not in cash ................................................................. 83

124

Translation of amounts into Australian currency ............................. 83

125

Law relating to legal professional privilege not affected ................. 84

126

Liability for damages ....................................................................... 84

127

Review of operation of Act .............................................................. 84

128

Legislative rules ............................................................................... 85

Part 1 Preliminary

Section 2

2 Australian Jobs Bill 2013 No. , 2013

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

128

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Object

The main object of this Act is to support the creation and retention

of Australian jobs by:

(a) requiring Australian Industry Participation plans for major

projects; and

(b) providing that an Australian Industry Participation plan for a

major project will ensure that Australian entities have full,

fair and reasonable opportunity to bid for:

(i) the supply of key goods or services for the project; and

Preliminary Part 1

Section 4

Australian Jobs Bill 2013 No. , 2013 3

(ii) if the project involves establishing a new facility--the

supply of key goods or services for the new facility's

initial operational phase.

4 Simplified outline

The following is a simplified outline of this Act:

•

An Australian Industry Participation plan (AIP plan) is

required for a major project to establish, expand, improve or

upgrade a facility.

•

An AIP plan will deal with:

(a)

the project phase of a major project; and

(b)

if a major project involves establishing a new

facility--the new facility's initial operational

phase.

•

The key objective of an AIP plan is that Australian entities

should have full, fair and reasonable opportunity to bid for:

(a)

the supply of key goods or services for the project;

and

(b)

if the project involves establishing a new facility--

the supply of key goods or services for the new

facility's initial operational phase.

•

This Act sets up the Australian Industry Participation

Authority.

•

The Authority's functions include:

(a)

approving AIP plans; and

(b)

monitoring compliance; and

Part 1 Preliminary

Section 5

4 Australian Jobs Bill 2013 No. , 2013

(c)

other functions relating to Australian industry

participation matters.

•

The Minister may establish the Australian Industry

Participation Advisory Board.

5 Definitions

In this Act:

ABN has the same meaning as in the A New Tax System

(Australian Business Number) Act 1999.

ACN has the same meaning as in the Corporations Act 2001.

acquire has the same meaning as in the Competition and Consumer

Act 2010.

advisory board member means a member of the AIP advisory

board, and includes the Chair of the AIP advisory board.

AIP advisory board means the Australian Industry Participation

Advisory Board established under section 85.

AIP matter means:

(a) a matter relating to the opportunities for Australian entities to

bid for the supply of key goods or services for a designated

project; or

(b) a matter relating to the opportunities for Australian entities to

bid for the supply of key goods or services for the initial

operational phase of a new relevant facility in relation to a

designated project.

AIP plan rules means the rules set out in Division 2 of Part 2.

approved AIP plan means an approved AIP plan under section 18,

19 or 20.

Australian entity means an entity that has an ABN or an ACN.

Australian police force means:

Preliminary Part 1

Section 5

Australian Jobs Bill 2013 No. , 2013 5

(a) the Australian Federal Police; or

(b) a police force or police service of a State or Territory.

Authority means the Australian Industry Participation Authority.

Note:

See section 67.

bid includes tender.

constitutional corporation means a corporation to which

paragraph 51(xx) of the Constitution applies.

designated project has the meaning given by section 7.

draft AIP plan means a plan that is accompanied by a document

stating that the plan is a draft AIP plan.

electricity facility means one, or a combination of 2 or more, of the

following facilities:

(a) an electricity generation facility;

(b) an electricity transmission facility;

eligible facility has the meaning given by section 6.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

entity has the same meaning as in the A New Tax System

(Australian Business Number) Act 1999.

entrusted official means:

(a) the Authority; or

(b) a member of the staff assisting the Authority; or

under section 81; or

(d) a person engaged as a consultant under section 82; or

(e) an advisory board member.

goods has the same meaning as in the Competition and Consumer

Act 2010.

Part 1 Preliminary

Section 5

6 Australian Jobs Bill 2013 No. , 2013

key goods or services has the meaning given by section 10.

key goods or services for a new relevant facility's initial

operational phase has the meaning given by section 12.

key goods or services for a project has the meaning given by

section 11.

key objective:

(a) in relation to Part B of an approved AIP plan for a major

project--has the meaning given by section 34; or

(b) in relation to Part C of an approved AIP plan for a major

project--has the meaning given by section 38.

land transport facility means one, or a combination of 2 or more,

of the following things:

(a) a road;

(b) a tunnel;

(d) a railway line;

that is to be used for the transport of people or goods.

legislative rules means rules made under section 128.

low-value contract has the meaning given by subsection 10(7).

low-value contract threshold amount has the meaning given by

subsection 10(8).

major project has the meaning given by section 8.

major project threshold amount has the meaning given by

subsection 8(2).

non-Australian entity means an entity other than an Australian

entity.

operator, in relation to a new relevant facility, means the person

who is, or is to be, responsible for operating the facility.

Note:

See also section 65, which deals with multiple operators.

Preliminary Part 1

Section 5

Australian Jobs Bill 2013 No. , 2013 7

petroleum has the same meaning as in the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

petroleum facility means one, or a combination of 2 or more, of the

following things:

(a) a well, or other thing, for use for the exploration for

petroleum;

(b) a well, or other thing, for use for the recovery of petroleum;

(d) a thing for use for the storage of petroleum;

(e) a thing for use for the offloading of petroleum;

(f) a thing for use for the piped conveyance of petroleum.

prescribed court means:

(a) the Federal Court of Australia; or

(b) the Federal Circuit Court of Australia.

procurement entity:

(a) in relation to a project--means a person who is responsible

for acquiring key goods or services for the project (for this

purpose, it is immaterial whether the person is the project

proponent for the project); or

(b) in relation to a new relevant facility--means a person who is

responsible for acquiring key goods or services for the

facility's initial operational phase (for this purpose, it is

immaterial whether the person is the operator of the facility).

productive facility means a facility that is wholly or principally for

use in carrying out one or more steps in:

(a) the production or distribution, or both, of goods; or

(b) the provision of services.

project includes:

(a) a project as varied and in existence from time to time; and

(b) a project that has been completed.

project proponent, in relation to a project, means the person who is

responsible for carrying out the project.

Part 1 Preliminary

Section 5

8 Australian Jobs Bill 2013 No. , 2013

Note:

See also section 9 (which deals with persons responsible for carrying

out projects) and section 63 (which deals with multiple project

proponents).

protected information means information that:

(a) was obtained after the commencement of this section by a

person in the person's capacity as an entrusted official; and

(b) relates to the affairs of a person other than an entrusted

official.

relevant facility, in relation to a project, means:

(a) to the extent to which the project involves establishing a new

eligible facility--the new eligible facility; or

(b) to the extent to which the project involves expanding,

improving or upgrading an eligible facility--the expanded,

improved or upgraded eligible facility.

Royal Commission has the same meaning as in the Royal

Commissions Act 1902.

services has the same meaning as in the Competition and

Consumer Act 2010.

sewage or wastewater facility means one, or a combination of

both, of the following:

(a) equipment, excavations and structures that are to be used for

treating sewage, or other wastes in water, produced by the

public:

(i) to reduce the damage caused by its disposal in the

natural environment; or

(ii) to make any component of the things treated suitable for

re-use;

(b) channels, drains or pipelines for carrying sewage, or other

wastes in water, produced by the public to or from the

equipment and structures covered by paragraph (a).

State/Territory government body means:

(a) the government of a State or Territory; or

(b) an agency or authority of a State or Territory.

subsidiary has the same meaning as in the Corporations Act 2001.

Preliminary Part 1

Section 6

Australian Jobs Bill 2013 No. , 2013 9

supply has the same meaning as in the Competition and Consumer

Act 2010.

telecommunications network has the same meaning as in the

Telecommunications Act 1997.

trigger date, in relation to a project, has the meaning given by

section 13.

water supply facility means one, or a combination of 2 or more, of

the following:

(a) dams, weirs, reservoirs or tanks that are to be used for

storing, and regulating the flow of, water for public

consumption, or other use by the public;

(b) bores that are to be used for extracting water for public

consumption, or other use by the public;

(i) for supplying water for public consumption, or other use

by the public; or

(ii) for carrying water between dams or other storage places

from which it is to be supplied through channels or

pipelines for public consumption, or other use by the

public;

(d) pumps and associated structures that are to be used:

(i) in extracting water from bores covered by

paragraph (b); or

(ii) for pumping water along channels or pipelines covered

by paragraph (c);

(e) equipment and structures that are to be used for treating

water that is to be supplied to the public through pipelines to

make it fit for the public to drink.

6 Eligible facility

(1) For the purposes of this Act, eligible facility means:

(a) a mine or quarry, whether alone or in combination with one

or more other facilities that are reasonably necessary for the

mine or quarry to operate; or

Part 1 Preliminary

Section 6

10 Australian Jobs Bill 2013 No. , 2013

(b) a land transport facility, whether alone or in combination

with one or more other facilities that are reasonably

necessary for the land transport facility to operate; or

combination with one or more other facilities that are

reasonably necessary for the wharf or other port facility to

operate; or

(d) a petroleum facility, whether alone or in combination with

one or more other facilities that are reasonably necessary for

the petroleum facility to operate; or

(e) an electricity facility, whether alone or in combination with

one or more other facilities that are reasonably necessary for

the electricity facility to operate; or

(f) a factory, whether alone or in combination with one or more

other facilities that are reasonably necessary for the factory to

operate; or

(g) an airport, whether alone or in combination with one or more

other facilities that are reasonably necessary for the airport to

operate; or

(h) a passenger terminal, whether alone or in combination with

one or more other facilities that are reasonably necessary for

the passenger terminal to operate; or

(i) a water supply facility, whether alone or in combination with

one or more other facilities that are reasonably necessary for

the water supply facility to operate; or

(j) a sewage or wastewater facility, whether alone or in

combination with one or more other facilities that are

reasonably necessary for the sewage or wastewater facility to

operate; or

(k) a telecommunications network; or

(l) any other productive facility, whether alone or in

combination with one or more other facilities that are

reasonably necessary for the productive facility to operate.

(2) The legislative rules may declare that a specified thing is an

eligible facility for the purposes of this Act.

(3) The legislative rules may declare that a combination of 2 or more

specified things is an eligible facility for the purposes of this Act.

Preliminary Part 1

Section 7

Australian Jobs Bill 2013 No. , 2013 11

(4) Subsections (1), (2) and (3) have effect subject to subsections (5)

and (6).

Exceptions

(5) The Authority may, by legislative instrument, declare that a

specified thing is not an eligible facility for the purposes of this

Act.

(6) The Authority may, by legislative instrument, declare that a

combination of 2 or more specified things is not an eligible facility

for the purposes of this Act.

Interpretation

(7) To avoid doubt, for the purposes of subsections (2), (3), (5) and (6)

it is immaterial whether the specified thing or things are in

existence when the declaration is made.

7 Designated project

(1) For the purposes of this Act, designated project means a project to

do either or both of the following:

(a) establish a new eligible facility;

(b) expand, improve or upgrade an existing eligible facility;

to the extent to which:

carrying out the project; or

(d) a relevant facility:

(i) is, or is to be, in one or more offshore areas (within the

meaning of the Offshore Petroleum and Greenhouse

Gas Storage Act 2006); and

(ii) relates to the exercise of Australia's sovereign rights in

the exclusive economic zone or the continental shelf; or

(e) a relevant facility is, or is to be, for purposes related to trade

or commerce:

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) within a Territory; or

Part 1 Preliminary

Section 8

12 Australian Jobs Bill 2013 No. , 2013

(iv) between a State and a Territory; or

(v) between 2 Territories; or

(f) a relevant facility is, or is to be, in a Territory; or

(g) a relevant facility is, or is to be, in a Commonwealth place

(within the meaning of the Commonwealth Places

(Application of Laws) Act 1970).

(2) However, subsection (1) does not apply to a project if the trigger

date for the project is before the 90th day after the commencement

of this section.

8 Major project

(1) If the total expenditure of a capital nature that has been incurred, or

is reasonably likely to be incurred, in carrying out a designated

project is greater than or equal to the major project threshold

amount, the project is a major project for the purposes of this Act.

(2) For the purposes of this Act, major project threshold amount

means $500 million.

(3) For the purposes of this section, if a project is subject to one or

more conditions, assume that those conditions will be satisfied.

Arm's length transactions

(4) If:

(a) a person has incurred, or is reasonably likely to incur,

expenditure in connection with a transaction; and

(b) the parties to the transaction did not, or are not likely to, deal

with each other at arm's length in relation to the transaction;

and

less than is reasonable;

the amount of the expenditure is taken, for the purposes of this

section, to be the amount that would have been reasonable if the

parties were dealing with each other at arm's length.

Preliminary Part 1

Section 8

Australian Jobs Bill 2013 No. , 2013 13

Anti-avoidance

(5) If:

(a) at any time after the commencement of this section, one or

more persons entered into, commenced to carry out, or

carried out, a scheme; and

(b) the scheme involves carrying out 2 or more low-value

designated projects; and

incurred, or is reasonably likely to be incurred, in carrying

out those projects is greater than or equal to the major project

threshold amount; and

(d) having regard to the following:

(i) the manner in which the scheme was entered into or

carried out;

(ii) the form and substance of the scheme;

(iii) the time when the scheme was entered into and the

length of the period during which the scheme was, or is

likely to be, carried out;

(iv) the result in relation to the operation of this Act that, but

for this section, would be achieved by the scheme;

it would be concluded that the person, or any of the persons,

who entered into, commenced to carry out, or carried out, the

scheme did so for the sole or dominant purpose of enabling a

person to avoid the application of Part 2;

the Authority may, by writing, determine that each of those

projects is a major project for the purposes of this Act.

(6) For the purposes of subsection (5), it is immaterial whether the

person last mentioned in paragraph (5)(d) is the person, or one of

the persons, mentioned in paragraph (5)(a).

(7) If the Authority makes a determination under subsection (5), the

Authority must publish a copy of the determination on the

Authority's website.

(8) A determination under subsection (5) is not a legislative

instrument.

Part 1 Preliminary

Section 9

14 Australian Jobs Bill 2013 No. , 2013

(9) For the purposes of subsection (5), if the total expenditure of a

capital nature that has been incurred, or is reasonably likely to be

incurred, in carrying out a designated project is less than the major

project threshold amount, the project is a low-value designated

project.

(10) For the purposes of subsection (5), scheme means:

(a) any agreement, arrangement, understanding, promise or

undertaking, whether express or implied and whether or not

enforceable, or intended to be enforceable, by legal

proceedings; or

(b) any scheme, plan, proposal, action, course of action or course

of conduct, whether there are 2 or more parties or only one

party involved.

9 Person responsible for carrying out project

Agreements

(1) If, under an agreement, a project, or a part of a project, is, or is to

be, carried out by a person (the contractor) for and on behalf of

another person, then, for the purposes of this Act:

(a) the other person is taken to be the person responsible for

carrying out the project, or the part of the project, as the case

may be; and

(b) the contractor is taken not to be responsible for carrying out

the project, or the part of the project, as the case may be.

(2) Subsection (1) has effect subject to subsections (3) and (5).

Declarations

(3) The Authority may, by writing, declare that, for the purposes of

this Act:

(a) a specified person is taken to be the person responsible for

carrying out a specified project; and

(b) no other person is taken to be responsible for carrying out the

project.

Preliminary Part 1

Section 10

Australian Jobs Bill 2013 No. , 2013 15

(4) If the Authority makes a declaration under subsection (3) in

relation to a person, the Authority must give a copy of the

declaration to the person.

(5) The Authority may, by writing, declare that, for the purposes of

this Act:

(a) 2 or more specified persons are taken to have joint or several

responsibility for carrying out a specified project; and

(b) no other person is taken to be responsible for carrying out the

project.

Note:

See also section 63 (which deals with multiple project proponents).

(6) If the Authority makes a declaration under subsection (5) in

relation to 2 or more persons, the Authority must give a copy of the

declaration to each of those persons.

(7) A declaration under subsection (3) or (5) is not a legislative

instrument.

10 Key goods or services

(1) For the purposes of this Act, key goods or services means goods or

services other than goods or services supplied, or to be supplied,

under a low-value contract.

Anti-avoidance

(2) If:

(a) a person proposes to acquire goods or services for a major

project under 2 or more low-value contracts; and

(b) the total expenditure incurred, or to be incurred, by the

person under those contracts is likely to be greater than or

equal to the low-value contract threshold amount; and

(i) the manner in which the contracts are likely to be

entered into;

(ii) the period of time over which the contracts are likely to

be entered into;

(iii) the likely interval or intervals of time (if any) between

the entering into of the contracts;

Part 1 Preliminary

Section 10

16 Australian Jobs Bill 2013 No. , 2013

(iv) the locations at which the contracts are likely to be

entered into;

it would be concluded that the person proposes to acquire

those goods or services under those contracts for the sole or

dominant purpose of enabling a person to avoid the

application of an approved AIP plan to those goods or

services;

the Authority may, by writing, determine that those goods or

services are key goods or services for the purposes of this Act.

(3) For the purposes of subsection (2), it is immaterial whether the

person last mentioned in paragraph (2)(c) is the person mentioned

in paragraph (2)(a).

(4) If the Authority makes a determination under subsection (2), the

Authority must publish a copy of the determination on the

Authority's website.

(5) A determination under subsection (2) is not a legislative

instrument.

Arm's length transactions

(6) If:

(a) a person has incurred, or is reasonably likely to incur,

expenditure in connection with a transaction; and

(b) the parties to the transaction did not, or are not likely to, deal

with each other at arm's length in relation to the transaction;

and

less than is reasonable;

the amount of the expenditure is taken, for the purposes of this

section, to be the amount that would have been reasonable if the

parties were dealing with each other at arm's length.

Low-value contract

(7) For the purposes of this Act, if the total expenditure incurred, or to

be incurred, in acquiring goods or services under a contract is less

Preliminary Part 1

Section 11

Australian Jobs Bill 2013 No. , 2013 17

than the low-value contract threshold amount, the contract is a

low-value contract.

Low-value contract threshold amount

(8) For the purposes of this Act, low-value contract threshold amount

means $1 million.

11 Key goods or services for a project

For the purposes of this Act, key goods or services are key goods

or services for a project if, and only if, the goods or services are

for use, wholly or partly, in connection with carrying out the

project.

12 Key goods or services for a new relevant facility's initial

operational phase

For the purposes of this Act, key goods or services are key goods

or services for a new relevant facility's initial operational phase

if, and only if, the goods or services are for use, wholly or partly, in

connection with the operation of the new relevant facility during

the 2-year period starting when the establishment of the facility is

completed.

13 Trigger date

(1) For the purposes of this Act, the trigger date for a project means:

(a) if a trigger event for the project happens during the interim

period--the first or only day during the interim period on

which a trigger event for the project happens; or

(b) if the earliest trigger event for the project happens on a day

after the interim period--that day; or

proponent for the project, specifies another day--that other

day.

Note 1:

For trigger event, see subsection (4).

Note 2:

For interim period, see subsection (5).

(2) The Authority may specify a day under paragraph (1)(c):

Part 1 Preliminary

Section 13

18 Australian Jobs Bill 2013 No. , 2013

(a) on the Authority's own initiative; or

(b) on application made to the Authority by the project

proponent for the project.

(3) A day specified under paragraph (1)(c) must not be earlier than 120

days after the notice is given.

Trigger event

(4) For the purposes of this section, each of the following is a trigger

event for a project:

(a) block diagrams for the project are developed;

(b) process flow diagrams for the project are developed;

under which the other person becomes a procurement entity

in relation to the project;

(d) a request for bids for the supply of key goods or services for

the project is made;

(e) technical specifications for the project are prepared;

(f) a project proponent determines which standard or standards

will apply to any of the key goods or services that are to be

acquired for the project;

(g) an equipment list for the project is prepared;

(h) a project proponent first contacts a supplier with a request for

pricing details for any of the key goods or services for the

project;

(i) a construction and contracting methodology for the project is

developed;

(j) an environmental submission is made in relation to the

project;

(k) a detailed schedule for the project is prepared;

(l) a high-level scoping of the goods and services for the project

is conducted.

Interim period

(5) For the purposes of this section, the interim period means the

period:

Preliminary Part 1

Section 14

Australian Jobs Bill 2013 No. , 2013 19

(a) beginning immediately after the end of the 90th day after the

commencement of this section; and

(b) ending 2 years after the commencement of this section.

14 Crown to be bound

This Act binds the Crown in each of its capacities.

15 Extension to external Territories

This Act extends to every external Territory.

16 Extension to exclusive economic zone and continental shelf

This Act extends to a matter relating to the exercise of Australia's

sovereign rights in the exclusive economic zone or the continental

shelf.

Part 2 Australian Industry Participation plans

Division 1 Australian Industry Participation plans

Section 17

20 Australian Jobs Bill 2013 No. , 2013

Part 2--Australian Industry Participation plans

Division 1--Australian Industry Participation plans

17 Project proponent must give draft AIP plan to the Authority

(1) The project proponent for a major project must give the Authority

a draft AIP plan for the project:

(a) at least 90 days before the trigger date for the project; or

(b) if the Authority, by written notice given to the project

proponent, specifies a later time--before that later time.

(2) The Authority may specify a day under paragraph (1)(b):

(a) on the Authority's own initiative; or

(b) on application made to the Authority by the project

proponent for the project.

(3) Subsection (1) does not apply if the project proponent is not aware

that the project is a major project.

(4) If:

(a) no draft AIP plan for a major project has been given under

subsection (1); and

(b) a draft AIP plan would have been required to have been

given under subsection (1) if the project proponent for the

project had been aware that the project was a major project;

and

project is a major project;

the project proponent for the project must:

(d) give the Authority a draft AIP plan for the project; and

(e) do so within 60 days after becoming so aware.

Exceptions

(5) This section does not apply to the project proponent if the project

proponent has prepared a plan that:

(a) has been given to a State or Territory; and

Australian Industry Participation plans Part 2

Australian Industry Participation plans Division 1

Section 18

Australian Jobs Bill 2013 No. , 2013 21

(b) complies with the conditions specified in the legislative rules.

(6) This section does not apply to the project proponent if the

conditions specified in the legislative rules are satisfied.

18 Approval of draft AIP plan

(1) If the project proponent for a major project gives the Authority a

draft AIP plan for the project under section 17, the Authority must:

(a) approve the plan; or

(b) refuse to approve the plan.

Approval of plan

(2) The Authority must not approve a draft AIP plan under

subsection (1) unless:

(a) the draft AIP plan complies with the AIP plan rules; and

(b) the Authority is satisfied that the steps specified in

accordance with subsections 35(2), 36(2), 39(2) and 40(2) are

adequate.

(3) If the Authority approves the draft AIP plan under subsection (1),

the plan becomes the approved AIP plan for the project.

(4) If the Authority approves the draft AIP plan under subsection (1),

the Authority must give the project proponent a written notice

setting out the decision.

Refusal to approve plan--direction to give revised plan

(5) If the Authority refuses to approve the draft AIP plan under

subsection (1), the Authority must, by written notice given to the

project proponent, direct the project proponent to:

(a) give the Authority a revised draft AIP plan that:

(i) complies with the AIP plan rules; and

(ii) sets out adequate steps specified in accordance with

subsections 35(2), 36(2), 39(2) and 40(2); and

(b) do so within 30 days after the notice is given.

(6) The project proponent must comply with a direction under

subsection (5).

Part 2 Australian Industry Participation plans

Division 1 Australian Industry Participation plans

Section 19

22 Australian Jobs Bill 2013 No. , 2013

Approval of revised plan

(7) If:

(a) the project proponent for a major project gives the Authority

a revised draft AIP plan for the project; and

(b) the revised draft AIP plan is given as a result of a direction

under subsection (5); and

the Authority must approve the revised draft AIP plan.

(8) If the Authority approves the revised draft AIP plan under

subsection (7), the plan becomes the approved AIP plan for the

project.

(9) If the Authority approves the revised draft AIP plan under

subsection (7), the Authority must give the project proponent a

written notice setting out the decision.

Timing

(10) The Authority must take all reasonable steps to ensure that a

decision is made on a draft AIP plan for a project within 30 days

after the Authority is given the draft AIP plan.

19 Replacement of approved AIP plan before completion of project

(1) If:

(a) an approved AIP plan (the original plan) for a major project

is in force; and

(b) the project has not been completed;

the project proponent for the project may give the Authority a draft

AIP plan that is expressed to replace the original plan.

(2) If the project proponent gives the Authority a draft AIP plan for the

project under subsection (1), the Authority must:

(a) approve the plan; or

(b) refuse to approve the plan.

Australian Industry Participation plans Part 2

Australian Industry Participation plans Division 1

Section 20

Australian Jobs Bill 2013 No. , 2013 23

Approval of replacement plan

(3) The Authority must not approve a draft AIP plan under

subsection (2) unless:

(a) the draft AIP plan complies with the AIP plan rules; and

(b) the Authority is satisfied that the steps specified in

accordance with subsections 35(2), 36(2), 39(2) and 40(2) are

adequate.

(4) If the Authority approves the draft AIP plan under subsection (2),

the plan becomes the approved AIP plan for the project.

(5) If the draft AIP plan becomes the approved AIP plan for the

project, the original plan ceases to be in force.

Notice of decision

(6) If the Authority approves the draft AIP plan under subsection (2),

the Authority must give the project proponent a written notice

setting out the decision.

(7) If the Authority refuses to approve the draft AIP plan under

subsection (2), the Authority must give the project proponent a

written notice setting out the decision.

Timing

(8) The Authority must take all reasonable steps to ensure that a

decision is made on a draft AIP plan for a project within 30 days

after the Authority is given the draft AIP plan.

20 Replacement of approved AIP plan after completion of project

(1) If:

(a) an approved AIP plan (the original plan) for a major project

is in force; and

(b) the project involves establishing a new relevant facility; and

the operator of the new relevant facility may give the Authority a

draft AIP plan:

(d) that is expressed to replace the original plan; and

Part 2 Australian Industry Participation plans

Division 1 Australian Industry Participation plans

Section 20

24 Australian Jobs Bill 2013 No. , 2013

(e) Part B of which is identical to Part B of the original plan.

Note:

Section 30 deals with Parts of AIP plans.

(2) If the operator gives the Authority a draft AIP plan for the project

under subsection (1), the Authority must:

(a) approve the plan; or

(b) refuse to approve the plan.

Approval of replacement plan

(3) The Authority must not approve a draft AIP plan under

subsection (2) unless:

(a) the draft AIP plan complies with the AIP plan rules (other

than Subdivision C of Division 2); and

(b) the Authority is satisfied that steps specified in accordance

with subsections 39(2) and 40(2) are adequate.

(4) If the Authority approves the draft AIP plan under subsection (2),

the plan becomes the approved AIP plan for the project.

(5) If the draft AIP plan becomes the approved AIP plan for the

project, the original plan ceases to be in force.

Notice of decision

(6) If the Authority approves the draft AIP plan under subsection (2),

the Authority must give the operator a written notice setting out the

decision.

(7) If the Authority refuses to approve the draft AIP plan under

subsection (2), the Authority must give the operator a written

notice setting out the decision.

Timing

(8) The Authority must take all reasonable steps to ensure that a

decision is made on a draft AIP plan for a project within 30 days

after the Authority is given the draft AIP plan.

Australian Industry Participation plans Part 2

Australian Industry Participation plans Division 1

Section 21

Australian Jobs Bill 2013 No. , 2013 25

21 Duration of approved AIP plan

Project involves establishing a new relevant facility

(1) If a major project involves establishing a new relevant facility, an

approved AIP plan for the project:

(a) comes into force when the Authority approves the plan; and

(b) subject to this Division, continues in force until the end of the

2-year period beginning when the project is completed.

Project does not involve establishing a new relevant facility

(2) If a major project does not involve establishing a new relevant

facility, an approved AIP plan for the project:

(a) comes into force when the Authority approves the plan; and

(b) subject to this Division, continues in force until the project is

completed.

22 Summary of specified steps

(1) If a person gives the Authority a draft AIP plan for a major project,

the person must also give the Authority a summary of the steps

specified in accordance with whichever of subsections 35(2),

36(2), 39(2) and 40(2) are applicable.

(2) The summary must be in a form approved, in writing, by the

Authority.

(3) The Authority must ensure that the summary is available on the

Authority's website throughout the 15-day period beginning on the

day after the summary was received by the Authority.

22A Project proponent must notify estimated completion date for a

new relevant facility

(1) If:

(a) the project proponent for a major project gives a draft AIP

plan for the project to the Authority; and

(b) the project involves establishing a new relevant facility; and

Part 2 Australian Industry Participation plans

Division 1 Australian Industry Participation plans

Section 23

26 Australian Jobs Bill 2013 No. , 2013

the project proponent must:

(d) notify the Authority of the estimated date of completion of

the establishment of the facility; and

(e) do so at or about the same time as the draft AIP plan is given

to the Authority.

(2) A notification under subsection (1) must be in a form approved, in

writing, by the Authority.

23 Register of approved AIP plans

(1) The Authority must maintain a register in which the Authority

includes all approved AIP plans that are in force.

(2) The register may be kept in electronic form.

24 Compliance with approved AIP plan

Project proponent

(1) If an approved AIP plan for a major project is in force, the project

proponent for the major project must comply with Part B of the

plan.

Note:

Section 30 deals with Parts of AIP plans.

Operator of new relevant facility

(2) If:

(a) an approved AIP plan for a major project is in force; and

(b) the project involves establishing a new relevant facility;

the operator of the new relevant facility must comply with Part C

of the plan.

Note:

Section 30 deals with Parts of AIP plans.

25 Compliance report--project proponent

Scope

(1) This section applies to a major project if an approved AIP plan for

the project is, or has been, in force.

Australian Industry Participation plans Part 2

Australian Industry Participation plans Division 1

Section 26

Australian Jobs Bill 2013 No. , 2013 27

Reporting period

(2) For the purposes of this section, a reporting period for the plan is:

(a) the period of 6 months beginning on the day on which the

plan is approved; and

(b) each subsequent 6-month period during any part of which:

(i) the plan is in force; and

(ii) the project proponent for the project is subject to any

obligations under Part B of the plan.

Note:

Section 30 deals with Parts of AIP plans.

(3) Subsection (2) has effect subject to subsection (4).

(4) The Authority may, by written notice given to the project

proponent for the project, determine that, for the purposes of this

section, a reporting period for the plan has the meaning given by

the determination.

(5) A determination under subsection (4) is not a legislative

instrument.

Compliance report--project proponent

(6) The project proponent for the project must, within 3 months after

the end of each reporting period, prepare and give the Authority a

report relating to compliance with Part B of the plan during the

reporting period.

Note:

Section 30 deals with Parts of AIP plans.

(7) A report under subsection (6) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

26 Compliance report--operator of new relevant facility

Scope

(1) This section applies to a major project if:

Part 2 Australian Industry Participation plans

Division 1 Australian Industry Participation plans

Section 27

28 Australian Jobs Bill 2013 No. , 2013

(a) an approved AIP plan for the project is, or has been, in force;

and

(b) the project involves establishing a new relevant facility.

Reporting period

(2) For the purposes of this section, a reporting period for the plan is:

(a) the period of 6 months beginning on the day on which the

plan is approved; and

(b) each subsequent 6-month period during any part of which:

(i) the plan is in force; and

(ii) the operator of the new relevant facility is subject to any

obligations under Part C of the plan.

Note:

Section 30 deals with Parts of AIP plans.

Compliance report--operator of new relevant facility

(3) The operator of the new relevant facility must, within 3 months

after the end of each reporting period, prepare and give the

Authority a report relating to compliance with Part C of the plan

during the reporting period.

(4) A report under subsection (3) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

27 Record-keeping--project proponent

If an approved AIP plan is, or has been, in force for a major

project, the project proponent for the project must:

(a) keep such records as are reasonably necessary to enable the

Authority to ascertain whether Part B of the plan has been

complied with; and

(b) retain those records for 5 years.

Note:

Section 30 deals with Parts of AIP plans.

Australian Industry Participation plans Part 2

Australian Industry Participation plans Division 1

Section 28

Australian Jobs Bill 2013 No. , 2013 29

28 Record-keeping--operator of new relevant facility

If:

(a) an approved AIP plan is, or has been, in force for a major

project; and

(b) the project involves establishing a new relevant facility;

the operator of the new relevant facility must:

Authority to ascertain whether Part C of the plan has been

complied with; and

(d) retain those records for 5 years.

Note:

Section 30 deals with Parts of AIP plans.

Part 2 Australian Industry Participation plans

Division 2 AIP plan rules

Section 29

30 Australian Jobs Bill 2013 No. , 2013

Division 2--AIP plan rules

Subdivision A--General rules

29 AIP plan rules

This Division sets out the AIP plan rules.

30 AIP plan must have Parts

(1) If a major project involves establishing a new relevant facility, an

AIP plan for the project must be divided into the following Parts:

(a) Part A--Title;

(b) Part B--Project Phase;

(2) If a major project does not involve establishing a new relevant

facility, an AIP plan for the project must be divided into the

following Parts:

(a) Part A--Title;

(b) Part B--Project Phase.

31 AIP plan must be in the approved form

An AIP plan must be in a form approved, in writing, by the

Authority.

Subdivision B--Rule for Part A of the plan (Title)

32 Title

Part A of an AIP plan for a major project must state that the plan is

the AIP plan for the project.

Australian Industry Participation plans Part 2

AIP plan rules Division 2

Section 33

Australian Jobs Bill 2013 No. , 2013 31

Subdivision C--Rules for Part B of the plan (Project Phase)

33 Part B of AIP plan binds project proponent

Part B of an AIP plan for a major project must state that Part B of

the plan binds the project proponent for the project from time to

time.

34 Key objective

Part B of an AIP plan for a major project must state that the key

objective of Part B of the plan is that Australian entities should

have full, fair and reasonable opportunity to bid for the supply of

key goods or services for the project.

35 Primary obligations of project proponent

(1) Part B of an AIP plan for a major project must state that, until the

project is completed, the project proponent for the project will take

all reasonable steps to ensure that each procurement entity for the

project will achieve the following objectives:

(a) the key objective of Part B of the plan;

(b) the objective that the procurement entity will have a publicly

accessible website;

to supply key goods or services for the project unless the

procurement entity has a broad understanding of the

capability and capacity of Australian entities generally to

supply those goods or services;

(d) the objective that requirements that potential bidders must

satisfy in order to bid to supply key goods or services for the

project:

(i) will be published on the website of the procurement

entity; and

(ii) will be so published at a reasonable time before the

request for bids is made;

(e) the objective that:

Part 2 Australian Industry Participation plans

Division 2 AIP plan rules

Section 36

32 Australian Jobs Bill 2013 No. , 2013

(i) standards for key goods or services for the project that

are to be acquired by the procurement entity will be

published on the website of the procurement entity; and

(ii) if the standards are neither Australian standards nor

international standards--the procurement entity will

publish on its website a statement explaining why

neither Australian standards nor international standards

are being used;

(f) the objective that the procurement entity will not discriminate

against Australian entities in relation to timeframes for

responding to requests for bids to supply key goods or

services for the project;

(g) the objective that the procurement entity will:

(i) provide feedback to Australian entities whose bids to

supply key goods or services for the project have not

been successful; and

(ii) ensure that such feedback includes recommendations

about any relevant training and any relevant skills

capability and capacity development;

(h) the objective that the procurement entity will:

(i) at all times have an employee who is designated as the

procurement contact officer for the project; and

(ii) publish the procurement contact officer's contact details

on the procurement entity's website.

(2) Part B of an AIP plan must state that, until the project is

completed, the project proponent will take specified steps directed

towards ensuring that the objectives set out in subsection (1) are

achieved by each procurement entity for the project.

36 Other obligations of project proponent

(1) Part B of an AIP plan for a major project must state that, until the

project is completed, the project proponent for the project will:

(a) have a publicly accessible website; and

(b) conduct awareness programs about opportunities for

Australian entities to supply key goods or services for the

project; and

Australian Industry Participation plans Part 2

AIP plan rules Division 2

Section 36

Australian Jobs Bill 2013 No. , 2013 33

(i) for employees of procurement entities for the project;

and

(ii) directed towards ensuring that the objectives set out in

section 35 are achieved; and

(d) publish on its website a statement of the proponent's

expectations in relation to:

(i) key goods or services that are likely to be acquired for

the project; and

(ii) opportunities for Australian entities to supply key goods

or services for the project; and

(iii) opportunities for non-Australian entities to supply key

goods or services for the project;

broken down into categories of goods or services in the way

specified in the legislative rules; and

(e) both:

(i) cause to be published on a publicly accessible website

statements about available opportunities to supply key

goods or services for the project; and

(ii) notify the Authority of the URL of the website; and

(f) if the project proponent has a global supply chain--

encourage Australian entities that are supplying, or have

supplied, key goods or services for the project to:

(i) develop the capability and capacity to supply key goods

or services to the project proponent's global supply

chain; and

(ii) integrate into the project proponent's global supply

chain; and

(g) both:

(i) at all times have an employee who is designated as the

project proponent's contact officer for the purposes of

this Act; and

(ii) notify the Authority of the contact officer's contact

details.

(2) Part B of an AIP plan must state that, until the project is

completed, the project proponent will take specified steps directed

towards the fulfilment of the obligations set out in subsection (1).

Part 2 Australian Industry Participation plans

Division 2 AIP plan rules

Section 37

34 Australian Jobs Bill 2013 No. , 2013

Subdivision D--Rules for Part C of the plan (Initial Facility

Operational Phase)

37 Part C of the plan binds operator of new relevant facility

Part C of an AIP plan for a major project must state that Part C of

the plan binds the operator of the new relevant facility from time to

time.

38 Key objective

Part C of an AIP plan for a major project must state that the key

objective of Part C of the plan is that Australian entities should

have full, fair and reasonable opportunity to bid for the supply of

key goods or services for the new relevant facility's initial

operational phase.

39 Primary obligations of operator of new relevant facility

(1) Part C of an AIP plan for a major project must state that the

operator of the new relevant facility will take all reasonable steps

to ensure that each procurement entity for the new relevant facility

will achieve the following objectives:

(a) the key objective of Part C of the plan;

(b) the objective that the procurement entity will have a publicly

accessible website;

to supply key goods or services for the new relevant facility's

initial operational phase unless the procurement entity has a

broad understanding of the capability and capacity of

Australian entities generally to supply those goods or

services;

(d) the objective that requirements that potential bidders must

satisfy in order to bid to supply key goods or services for the

new relevant facility's initial operational phase:

(i) will be published on the website of the procurement

entity; and

(ii) will be so published at a reasonable time before the

request for bids is made;

Australian Industry Participation plans Part 2

AIP plan rules Division 2

Section 40

Australian Jobs Bill 2013 No. , 2013 35

(e) the objective that:

(i) standards for key goods or services that are to be

acquired for the new relevant facility's initial

operational phase by the procurement entity will be

published on the website of the procurement entity; and

(ii) if the standards are neither Australian standards nor

international standards--the procurement entity will

publish on its website a statement explaining why

neither Australian standards nor international standards

are being used;

(f) the objective that the procurement entity will not discriminate

against Australian entities in relation to timeframes for

responding to requests for bids to supply key goods or

services for the new relevant facility's initial operational

phase;

(g) the objective that the procurement entity will:

(i) provide feedback to Australian entities whose bids to

supply key goods or services for the new relevant

facility's initial operational phase have not been

successful; and

(ii) ensure that such feedback includes recommendations

about any relevant training and any relevant skills

capability and capacity development;

(h) the objective that the procurement entity will:

(i) at all times have an employee who is designated as the

procurement contact officer for the new relevant

facility; and

(ii) publish the procurement contact officer's contact details

on the procurement entity's website.

(2) Part C of an AIP plan must state that the operator of the new

relevant facility will take specified steps directed towards ensuring

that the objectives set out in subsection (1) are achieved by each

procurement entity for the new relevant facility.

40 Other obligations of operator of new relevant facility

(1) Part C of an AIP plan for a major project must state that the

operator of the new relevant facility will:

Part 2 Australian Industry Participation plans

Division 2 AIP plan rules

Section 40

36 Australian Jobs Bill 2013 No. , 2013

(a) have a publicly accessible website; and

(b) conduct awareness programs about opportunities for

Australian entities to supply key goods or services for the

new relevant facility's initial operational phase; and

(i) for employees of procurement entities for the new

relevant facility; and

(ii) directed towards ensuring that the objectives set out in

section 39 are achieved; and

(d) publish on its website a statement of the operator's

expectations in relation to:

(i) key goods or services that are likely to be acquired for

the new relevant facility's initial operational phase; and

(ii) opportunities for Australian entities to supply key goods

or services for the new relevant facility's initial

operational phase; and

(iii) opportunities for non-Australian entities to supply key

goods or services for the new relevant facility's initial

operational phase;

broken down into categories of goods or services in the way

specified in the legislative rules; and

(e) both:

(i) cause to be published on a publicly accessible website

statements about available opportunities to supply key

goods or services for the new relevant facility's initial

operational phase; and

(ii) notify the Authority of the URL of the website; and

(f) if the operator has a global supply chain--encourage

Australian entities that are supplying, or have supplied, key

goods or services for the new relevant facility's initial

operational phase to:

(i) develop the capability and capacity to supply key goods

or services to the operator's global supply chain; and

(ii) integrate into the operator's global supply chain; and

(g) both:

Part 3 Notification obligations

Division 1 Major projects

Section 41

38 Australian Jobs Bill 2013 No. , 2013

Part 3--Notification obligations

Division 1--Major projects

41 Authority to be notified of preliminary trigger day for major

project

(1) If:

(a) the preliminary trigger day for a designated project occurs

after the commencement of this section; and

(b) at any time on the preliminary trigger day, the project

proponent for the project was aware that it was reasonably

likely that the project would be a major project;

the project proponent must:

(d) do so within 60 days after the preliminary trigger day.

(2) If:

(a) the preliminary trigger day for a designated project occurs

after the commencement of this section; and

(b) the project proponent for the project was not aware, at any

time on the preliminary trigger day, that it was reasonably

likely that the project would be a major project; and

reasonably likely to be, a major project;

the project proponent must:

(d) notify the Authority of the preliminary trigger day; and

(e) do so within 14 days after becoming so aware.

(3) A notification under this section must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules; and

in the legislative rules.

Notification obligations Part 3

Major projects Division 1

Section 43

Australian Jobs Bill 2013 No. , 2013 39

Preliminary trigger day

(4) For the purposes of this section, the preliminary trigger day for a

project means the day on which the earliest of the following events

happens:

(a) the project concept design begins;

(b) an environmental assessment begins to be carried out by a

project proponent;

to carry out an environmental assessment of the project;

(d) the raw materials for the project are estimated;

(e) the utility consumption for the project is estimated.

43 Person must notify Authority if the person becomes a project

proponent for a major project

(1) If a person becomes a project proponent for a major project, the

person must:

(a) notify the Authority that the person has become a project

proponent for the project; and

(b) do so within 60 days after becoming a project proponent.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

44 Person must notify Authority if the person ceases to be a project

proponent for a major project

(1) If a person ceases to be a project proponent for a major project, the

person must:

(a) notify the Authority of the cessation; and

(b) do so within 60 days after the cessation occurs.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

Part 3 Notification obligations

Division 1 Major projects

Section 45

40 Australian Jobs Bill 2013 No. , 2013

45 Project proponent must notify Authority if major project is

abandoned or cancelled

(1) If a major project is abandoned or cancelled, the project proponent

for the project must:

(a) notify the Authority of the abandonment or cancellation; and

(b) do so within 60 days after the project is abandoned or

cancelled.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

46 Project proponent must notify Authority of certain events

(1) If:

(a) a person is the project proponent for a major project; and

(b) a notifiable event occurs;

the person must:

(d) do so within 60 days after the event occurs.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

(3) The legislative rules may declare that a specified event is a

notifiable event for the purposes of this section.

Notification obligations Part 3

New relevant facilities Division 2

Section 47

Australian Jobs Bill 2013 No. , 2013 41

Division 2--New relevant facilities

47 Person must notify Authority if the person becomes an operator

of new relevant facility

(1) If:

(a) a major project involves establishing a new relevant facility;

and

(b) a person becomes an operator of the new relevant facility;

the person must:

(d) do so within 60 days after becoming an operator.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

48 Person must notify Authority if the person ceases to be an

operator of new relevant facility

(1) If:

(a) a major project involves establishing a new relevant facility;

and

(b) a person ceases to be an operator of the new relevant facility;

the person must:

(d) do so within 60 days after the cessation occurs.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

Part 3 Notification obligations

Division 2 New relevant facilities

Section 49

42 Australian Jobs Bill 2013 No. , 2013

49 Operator of new relevant facility must notify Authority of certain

events

(1) If:

(a) a major project involves establishing a new relevant facility;

and

(b) a notifiable event occurs;

the operator of the new relevant facility must:

(d) do so within 60 days after the event occurs.

(2) A notification under subsection (1) must:

(a) be in a form approved, in writing, by the Authority; and

(b) be accompanied by such information as is specified in the

legislative rules.

(3) The legislative rules may declare that a specified event is a

notifiable event for the purposes of this section.

Information-gathering powers Part 4

General powers Division 1

Section 50

Australian Jobs Bill 2013 No. , 2013 43

Part 4--Information-gathering powers

Division 1--General powers

50 Authority may obtain information or documents

Scope

(1) This section applies to a person if the Authority believes on

reasonable grounds that the person has information or a document

that is relevant to the operation of this Act.

Requirement

(2) The Authority may, by written notice given to the person, require

the person to:

(a) give to the Authority, within the period and in the manner

and form specified in the notice, any such information; or

(b) produce to the Authority, within the period and in the manner

specified in the notice, any such documents; or

Authority, within the period and in the manner specified in

the notice, those copies.

(3) A period specified under subsection (2) must not be shorter than 14

days after the notice is given.

Compliance

(4) A person must comply with a requirement under subsection (2) to

the extent that the person is capable of doing so.

51 Copying documents--compensation

A person is entitled to be paid by the Commonwealth reasonable

compensation for complying with a requirement covered by

paragraph 50(2)(c).

Part 4 Information-gathering powers

Division 1 General powers

Section 52

44 Australian Jobs Bill 2013 No. , 2013

52 Copies of documents

(1) The Authority may:

(a) inspect a document or copy produced under subsection 50(2);

and

(b) make and retain copies of, or take and retain extracts from,

such a document.

(2) The Authority may retain possession of a copy of a document

produced in accordance with a requirement covered by

paragraph 50(2)(c).

53 Authority may retain documents

(1) The Authority may take, and retain for as long as is necessary,

possession of a document produced under subsection 50(2).

(2) The person otherwise entitled to possession of the document is

entitled to be supplied, as soon as practicable, with a copy certified

by the Authority to be a true copy.

(3) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

(4) Until a certified copy is supplied, the Authority must, at such times

and places as the Authority thinks appropriate, permit the person

otherwise entitled to possession of the document, or a person

authorised by that person, to inspect and make copies of, or take

extracts from, the document.

54 Self-incrimination

An individual is excused from giving information or producing a

document under section 50 on the ground that the information or

the production of the document might tend to incriminate the

individual or expose the individual to a penalty.

Information-gathering powers Part 4

Powers to obtain information from project proponent Division 2

Section 55

Australian Jobs Bill 2013 No. , 2013 45

Division 2--Powers to obtain information from project

proponent

55 Authority may obtain information from project proponent

Scope

(1) This section applies to the project proponent for a major project if

an approved AIP plan is, or has been, in force for the project.

Requirement

(2) The Authority may, by written notice given to the project

proponent, require the proponent to:

(a) give to the Authority such information relating to the project

as is specified in the notice; and

(b) do so within the period and in the manner and form specified

in the notice.

(3) A period specified under paragraph (2)(b) must not be shorter than

14 days after the notice is given.

Compliance

(4) A person must comply with a requirement under subsection (2) to

the extent that the person is capable of doing so.

Self-incrimination

(5) An individual is excused from giving information under this

section on the ground that the information might tend to

incriminate the individual or expose the individual to a penalty.

General information-gathering power not limited

(6) This section does not, by implication, limit section 50.

Part 4 Information-gathering powers

Division 3 Powers to obtain information from operator of facility

Section 56

46 Australian Jobs Bill 2013 No. , 2013

Division 3--Powers to obtain information from operator of

facility

56 Authority may obtain information from operator of new relevant

facility

Scope

(1) If:

(a) an approved AIP plan is, or has been, in force for a major

project; and

(b) the project involves establishing a new relevant facility;

this section applies to the operator of the new relevant facility.

Requirement

(2) The Authority may, by written notice given to the operator, require

the operator to:

(a) give to the Authority such information relating to the

operation of the new relevant facility as is specified in the

notice; and

(b) do so within the period and in the manner and form specified

in the notice.

(3) A period specified under paragraph (2)(b) must not be shorter than

14 days after the notice is given.

Compliance

(4) A person must comply with a requirement under subsection (2) to

the extent that the person is capable of doing so.

Self-incrimination

(5) An individual is excused from giving information under this

section on the ground that the information might tend to

incriminate the individual or expose the individual to a penalty.

Part 5 Consequences of non-compliance

Division 1 Administrative consequences of non-compliance

Section 57

48 Australian Jobs Bill 2013 No. , 2013

Part 5--Consequences of non-compliance

Division 1--Administrative consequences of

non-compliance

57 Administrative consequences of non-compliance

Scope

(1) This section applies if a person (the relevant person), without

reasonable excuse, contravenes Part 2, 3 or 4.

Adverse publicity notice

(2) The Authority may, by written notice given to the relevant person,

require the relevant person to:

(a) take either or both of the following actions within the period

specified in the notice:

(i) to publicise, in the way specified in the notice, the

contravention, the details of the contravention, and any

other related matter;

(ii) to notify a specified person or specified class of person,

in the way specified in the notice, of the contravention,

the details of the contravention, and any other related

matter; and

(b) give the Authority, within 7 days after the end of the period

specified in the notice, evidence that the action or actions

were taken by the relevant person in accordance with the

notice.

(3) If the relevant person is a subsidiary of a constitutional

corporation, the Authority may, by written notice given to the

corporation, require the corporation to:

(a) take either or both of the following actions within the period

specified in the notice:

(i) to publicise, in the way specified in the notice, the name

of the relevant person, the relevant person's

contravention, the details of the contravention, the fact

Consequences of non-compliance Part 5

Administrative consequences of non-compliance Division 1

Section 57

Australian Jobs Bill 2013 No. , 2013 49

that the relevant person is a subsidiary of the

corporation, and any other related matter;

(ii) to notify a specified person or specified class of person,

in the way specified in the notice, of the relevant

person's contravention, the details of the contravention,

the fact that the relevant person is a subsidiary of the

corporation, and any other related matter; and

(b) give the Authority, within 7 days after the end of the period

specified in the notice, evidence that the action or actions

were taken by the corporation in accordance with the notice.

Naming relevant person etc. in annual report

(4) The Authority may, in a report under section 83:

(a) name the relevant person as having contravened Part 2, 3 or

4, and set out details of the contravention; and

(b) if the relevant person is a subsidiary of a body corporate--

name the relevant person as a subsidiary of the body

corporate.

Naming relevant person etc. in other ways

(5) The Authority may, by electronic or other means:

(a) name the relevant person as having contravened Part 2, 3 or

4, and set out details of the contravention; and

(b) if the relevant person is a subsidiary of a body corporate--

name the relevant person as a subsidiary of the body

corporate.

Prior notice to relevant person etc.

(6) If the Authority proposes to:

(a) give a notice to a person under subsection (2) or (3); or

(b) name a person in a report in accordance with subsection (4);

the Authority must:

(d) give the person notice in writing of the proposal and the

reasons for the proposal; and

Consequences of non-compliance Part 5

Injunctions Division 2

Section 58

Australian Jobs Bill 2013 No. , 2013 51

Division 2--Injunctions

58 Injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage in

any conduct in contravention of Part 2, 3 or 4, a prescribed court

may, on the application of the Authority, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court's opinion, it is desirable to do so--requiring

the person to do something.

Performance injunctions

(2) If:

(a) a person has refused or failed, or is refusing or failing, or is

proposing to refuse or fail, to do an act or thing; and

(b) the refusal or failure was, is or would be a contravention of

Part 2, 3 or 4;

a prescribed court may, on the application of the Authority, grant

an injunction requiring the person to do that act or thing.

59 Interim injunctions

Grant of interim injunction

(1) If an application is made to a prescribed court for an injunction

under section 58, the court may, before considering the application,

grant an interim injunction restraining a person from engaging in

conduct of a kind referred to in that section.

No undertakings as to damages

(2) A prescribed court is not to require the Authority, as a condition of

granting an interim injunction, to give any undertakings as to

damages.

Part 5 Consequences of non-compliance

Division 2 Injunctions

Section 60

52 Australian Jobs Bill 2013 No. , 2013

60 Discharge etc. of injunctions

A prescribed court may discharge or vary an injunction granted

under this Division.

61 Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of a prescribed court under this Division to grant an

injunction restraining a person from engaging in conduct of a

particular kind may be exercised:

(a) if the court is satisfied that the person has engaged in conduct

of that kind--whether or not it appears to the court that the

person intends to engage again, or to continue to engage, in

conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will engage in conduct of that kind--

whether or not the person has previously engaged in conduct

of that kind.

Performance injunctions

(2) The power of a prescribed court under this Division to grant an

injunction requiring a person to do an act or thing may be

exercised:

(a) if the court is satisfied that the person has refused or failed to

do that act or thing--whether or not it appears to the court

that the person intends to refuse or fail again, or to continue

to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will refuse or fail to do that act or

thing--whether or not the person has previously refused or

failed to do that act or thing.

62 Other powers of the court unaffected

The powers conferred on a prescribed court under this Division are

in addition to, and not instead of, any other powers of the court,

whether conferred by this Act or otherwise.

Multiple project proponents and multiple facility operators Part 6

Multiple project proponents Division 1

Section 63

Australian Jobs Bill 2013 No. , 2013 53

Part 6--Multiple project proponents and multiple

facility operators

Division 1--Multiple project proponents

63 References to project proponents

If there are 2 or more persons (the multiple project proponents)

who have joint or several responsibility for carrying out a project,

or a part of a project, then:

(a) for the purposes of this Act, each of the multiple project

proponents is a project proponent for the project; and

(b) a reference in:

(i) this Act; or

(ii) the legislative rules; or

(iii) another instrument made under this Act; or

(iv) an approved AIP plan; or

(v) a draft AIP plan;

to the project proponent for the project is to be read as a

reference to each of the multiple project proponents.

64 Obligations of multiple project proponents

Scope

(1) This section applies if:

(a) there are 2 or more project proponents (the multiple project

proponents) for a project; and

(b) either of the following:

(i) this Act;

(ii) an approved AIP plan for the project;

imposes an obligation on the project proponent for the

project.

Multiple project proponents and multiple facility operators Part 6

Multiple facility operators Division 2

Section 65

Australian Jobs Bill 2013 No. , 2013 55

Division 2--Multiple facility operators

65 References to operators of new relevant facilities

If:

(a) a major project involves establishing a new relevant facility;

and

(b) there are 2 or more persons (the multiple operators) who

have, or are to have, joint or several responsibility for

operating the new relevant facility, or a part of the new

relevant facility;

then:

an operator of the new relevant facility; and

(d) a reference in:

(i) this Act; or

(ii) the legislative rules; or

(iii) another instrument made under this Act; or

(iv) an approved AIP plan; or

(v) a draft AIP plan;

to the operator of the new relevant facility is to be read as a

reference to each of the multiple operators.

66 Obligations of multiple operators of new relevant facility

Scope

(1) This section applies if:

(a) a major project involves establishing a new relevant facility;

and

(b) there are 2 or more operators (the multiple operators) of the

new relevant facility; and

(i) this Act;

(ii) an approved AIP plan for the project;

imposes an obligation on the operator of the facility.

Australian Industry Participation Authority Part 7

Office and functions of the Australian Industry Participation Authority Division 1

Section 67

Australian Jobs Bill 2013 No. , 2013 57

Part 7--Australian Industry Participation

Authority

Division 1--Office and functions of the Australian Industry

Participation Authority

67 Establishment of the Australian Industry Participation Authority

There is to be an Australian Industry Participation Authority.

Note:

In this Act, Authority means the Australian Industry Participation

Authority (see section 5).

68 Functions of the Authority

(1) The functions of the Authority are:

(a) such functions as are conferred on the Authority by this Act;

and

(b) to advise and assist persons in relation to their obligations

under this Act; and

(d) to promote compliance with this Act; and

(e) to collect, analyse, interpret and disseminate information

relating to AIP matters; and

(f) to support, encourage, conduct and evaluate training

programs that are directed towards improving the skills and

knowledge of people involved in AIP matters; and

(g) to support, encourage, conduct and evaluate educational,

promotional and community awareness programs that are

relevant to AIP matters; and

(h) to support, encourage, conduct and evaluate research about

AIP matters; and

(i) to advise the Minister about AIP matters; and

(j) to consult and cooperate with other persons, organisations

and governments on AIP matters; and

(k) on behalf of the Commonwealth, to administer such schemes

and programs as are specified in the legislative rules; and

Australian Industry Participation Authority Part 7

Appointment of the Authority Division 2

Section 69

Australian Jobs Bill 2013 No. , 2013 59

Division 2--Appointment of the Authority

69 Appointment of the Authority

(1) The Authority is to be appointed by the Minister by written

instrument.

(2) A person is not eligible for appointment as the Authority unless the

Minister is satisfied that the person has:

(a) substantial experience or knowledge; and

(b) significant standing;

in at least one of the following fields:

(d) industry;

(e) public administration.

(3) The Authority holds office on a full-time basis.

70 Period of appointment for the Authority

The Authority holds office for the period specified in the

instrument of appointment. The period must not exceed 5 years.

Note:

The Authority may be reappointed: see the Acts Interpretation Act

1901.

71 Acting appointments

(1) The Minister may appoint a person to act as the Authority:

(a) during a vacancy in the office of the Authority (whether or

not an appointment has previously been made to the office);

(b) during any period, or during all periods, when the Authority:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Note:

For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

Australian Industry Participation Authority Part 7

Terms and conditions for the Authority Division 3

Section 72

Australian Jobs Bill 2013 No. , 2013 61

Division 3--Terms and conditions for the Authority

72 Remuneration and allowances

(1) The Authority is to be paid the remuneration that is determined by

the Remuneration Tribunal. If no determination of that

remuneration by the Tribunal is in operation, the Authority is to be

paid the remuneration that is prescribed by the legislative rules.

(2) The Authority is to be paid the allowances that are prescribed by

the legislative rules.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

73 Leave of absence

(1) The Authority has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Minister may grant the Authority leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines.

74 Outside employment

The Authority must not engage in paid employment outside the

duties of his or her office without the Minister's approval.

75 Disclosure of interests to the Minister

The Authority must give written notice to the Minister of all

interests, pecuniary or otherwise, that the Authority has or acquires

and that conflict or could conflict with the proper performance of

the Authority's functions.

76 Resignation

(1) The Authority may resign his or her appointment by giving the

Minister a written resignation.

Part 7 Australian Industry Participation Authority

Division 3 Terms and conditions for the Authority

Section 77

62 Australian Jobs Bill 2013 No. , 2013

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

77 Termination of appointment

(1) The Minister may terminate the appointment of the Authority:

(a) for misbehaviour; or

(b) if the Authority is unable to perform the duties of his or her

office because of physical or mental incapacity.

(2) The Minister may terminate the appointment of the Authority if:

(a) the Authority:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the Authority is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

in paid employment outside the duties of his or her office

(see section 74); or

(d) the Authority fails, without reasonable excuse, to comply

with section 75.

78 Other terms and conditions

The Authority holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Minister.

Australian Industry Participation Authority Part 7

Delegation Division 4

Section 79

Australian Jobs Bill 2013 No. , 2013 63

Division 4--Delegation

79 Delegation by Authority

(1) The Authority may, by writing, delegate any or all of the

Authority's functions or powers to:

(a) an SES employee; or

(b) an acting SES employee; or

(i) an Executive Level 2 position; or

(ii) an equivalent position.

Note:

The expressions SES employee and acting SES employee are defined

in the Acts Interpretation Act 1901.

(2) A delegate must comply with any written directions of the

Authority.

Part 7 Australian Industry Participation Authority

Division 5 Staff and consultants

Section 80

64 Australian Jobs Bill 2013 No. , 2013

Division 5--Staff and consultants

80 Staff assisting the Authority

The staff assisting the Authority are to be persons engaged under

the Public Service Act 1999 and made available for the purpose by

the Secretary of the Department.

81 Other persons assisting the Authority

The Authority may also be assisted:

(a) by officers and employees of Agencies (within the meaning

of the Public Service Act 1999); or

(b) by officers and employees of authorities of the

Commonwealth; or

(d) by officers and employees of authorities of a State or

Territory;

whose services are made available to the Authority in connection

with the performance of any of the Authority's functions.

82 Consultants

(1) The Authority may, on behalf of the Commonwealth, engage

persons having suitable qualifications and experience as

consultants to the Authority.

(2) The consultants are to be engaged on the terms and conditions that

the Authority determines in writing.

Part 7 Australian Industry Participation Authority

Division 7 Directions by Minister

Section 84

66 Australian Jobs Bill 2013 No. , 2013

Division 7--Directions by Minister

84 Minister may give directions to the Authority

(1) The Minister may, by legislative instrument, give directions to the

Authority about the performance of the Authority's functions.

Note 1:

For variation and revocation, see the Acts Interpretation Act 1901.

Note 2:

Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative

Instruments Act 2003 do not apply to the direction (see sections 44

and 54 of that Act).

(2) A direction under subsection (1) must be of a general nature only.

(3) The Authority must comply with a direction under subsection (1).

Australian Industry Participation Advisory Board Part 8

Australian Industry Participation Advisory Board Division 1

Section 85

Australian Jobs Bill 2013 No. , 2013 67

Part 8--Australian Industry Participation Advisory

Board

Division 1--Australian Industry Participation Advisory

Board

85 Establishment of Australian Industry Participation Advisory

Board

(1) The Minister may, by writing, establish a committee to be known

as the Australian Industry Participation Advisory Board.

Note:

In this Act, AIP advisory board means the Australian Industry

Participation Advisory Board (see section 5).

(2) Before establishing the AIP advisory board, the Minister must

consult the Authority.

(3) An instrument made under subsection (1) is not a legislative

instrument.

86 Functions of AIP advisory board

The AIP advisory board has the following functions:

(a) to advise the Authority, at the Authority's request, about

matters relating to the performance of the Authority's

functions;

(b) to advise the Minister, at the Minister's request, about AIP

matters;

of either of the above functions.

Part 8 Australian Industry Participation Advisory Board

Division 2 Appointment etc. of AIP advisory board members

Section 87

68 Australian Jobs Bill 2013 No. , 2013

Division 2--Appointment etc. of AIP advisory board

members

87 Membership of AIP advisory board

The AIP advisory board consists of the following members:

(a) a Chair;

(b) at least 2, and not more than 4, other members.

88 Appointment of advisory board members etc.

(1) Each advisory board member is to be appointed by the Minister by

written instrument.

(2) An advisory board member holds office for the period specified in

the instrument of appointment. The period must not exceed 5 years.

Note:

A board member is eligible for reappointment: see the Acts

Interpretation Act 1901.

(3) An advisory board member holds office on a part-time basis.

(4) The Minister must ensure that the members of the AIP advisory

board collectively possess experience or knowledge in all of the

following fields:

(a) economics;

(b) industry;

(d) procurement of goods or services.

89 Vacancy in the membership of AIP advisory board

For the purposes of a reference in the Acts Interpretation Act 1901

to a vacancy in the membership of a body, there are taken to be 2

offices of members of the AIP advisory board in addition to the

Chair of the AIP advisory board.

Australian Industry Participation Advisory Board Part 8

Terms and conditions for advisory board members Division 3

Section 90

Australian Jobs Bill 2013 No. , 2013 69

Division 3--Terms and conditions for advisory board

members

90 Remuneration and allowances

(1) An advisory board member is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the member is to

be paid the remuneration that is prescribed by the legislative rules.

(2) An advisory board member is to be paid the allowances that are

prescribed by the legislative rules.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

91 Leave of absence

The Minister may grant leave of absence to an advisory board

member on the terms and conditions that the Minister determines.

92 Disclosure of interests to the Minister

An advisory board member must give written notice to the Minister

of all interests, pecuniary or otherwise, that the member has or

acquires and that conflict or could conflict with the proper

performance of the member's functions.

93 Disclosure of interests to AIP advisory board

(1) An advisory board member who has a direct or indirect pecuniary

interest in a matter being considered or about to be considered by

the AIP advisory board must disclose that interest to a meeting of

the advisory board.

(2) The disclosure must be made as soon as possible after the relevant

facts have come to the advisory board member's knowledge.

(3) The disclosure must be recorded in the minutes of the meeting.

Part 8 Australian Industry Participation Advisory Board

Division 3 Terms and conditions for advisory board members

Section 94

70 Australian Jobs Bill 2013 No. , 2013

(4) Unless the AIP advisory board otherwise determines, the advisory

board member:

(a) must not be present during any deliberation of the advisory

board on the matter; and

(b) must not take part in the making of a decision by the advisory

board in relation to the matter.

(5) For the purposes of making a determination under subsection (4),

the advisory board member:

(a) must not be present during any deliberation of the advisory

board for the purpose of making the determination; and

(b) must not take part in making the determination.

(6) A determination under subsection (4) must be recorded in the

minutes of the meeting of the advisory board.

94 Resignation

(1) An advisory board member may resign his or her appointment by

giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

95 Termination of appointment

The Minister may terminate the appointment of an advisory board

member.

Australian Industry Participation Advisory Board Part 8

AIP advisory board procedures etc. Division 4

Section 96

Australian Jobs Bill 2013 No. , 2013 71

Division 4--AIP advisory board procedures etc.

96 Procedures of AIP advisory board

(1) The AIP advisory board must hold such meetings as are necessary

for the performance of its functions.

(2) The Chair of the AIP advisory board:

(a) may convene a meeting; and

(b) must convene a meeting if requested in writing by:

(i) the Authority; or

(ii) the Minister.

97 Presiding at meetings

(1) The Chair of the AIP advisory board must preside at all meetings at

which he or she is present.

(2) If the Chair is not present at a meeting, the other advisory board

members present must appoint one of themselves to preside.

98 Quorum

(1) At a meeting of the AIP advisory board, a quorum is constituted by

a majority of the advisory board members.

(2) However, if:

(a) an advisory board member is required by section 93 not to be

present during the deliberations, or to take part in any

decision, of the advisory board with respect to a particular

matter; and

(b) when the advisory board member leaves the meeting

concerned, there is no longer a quorum present;

the remaining advisory board members at the meeting constitute a

quorum for the purpose of any deliberation or decision at that

meeting with respect to that matter.

Part 8 Australian Industry Participation Advisory Board

Division 4 AIP advisory board procedures etc.

Section 99

72 Australian Jobs Bill 2013 No. , 2013

99 Voting at meetings

(1) A question arising at a meeting is to be determined by a majority of

the votes of the advisory board members present and voting.

(2) The person presiding at a meeting has a deliberative vote and, in

the event of an equality of votes, a casting vote.

100 Conduct of meetings

(1) Subject to this Division, the AIP advisory board may regulate

proceedings at its meetings as it considers appropriate.

(2) For the purposes of section 33B of the Acts Interpretation Act

1901, the AIP advisory board is taken to have been established by

this Act.

Note:

Section 33B of the Acts Interpretation Act 1901 contains extra rules

about meetings by telephone etc.

101 Minutes

The AIP advisory board must keep minutes of its meetings.

Secrecy Part 9

Section 102

Australian Jobs Bill 2013 No. , 2013 73

Part 9--Secrecy

102 Secrecy

(1) A person commits an offence if:

(a) the person is, or has been, an entrusted official; and

(b) the person has obtained protected information in the person's

capacity as an entrusted official; and

(i) discloses the information to another person; or

(ii) uses the information; and

(d) the disclosure or use is not:

(i) authorised by a provision of this Part; or

(ii) in compliance with a requirement under a law of the

Commonwealth; or

(iii) in compliance with a designated law of a State or

Territory.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exceptions

(2) Except where it is necessary to do so for the purposes of giving

effect to this Act, an entrusted official is not to be required:

(a) to produce to a court or tribunal a document containing

protected information; or

(b) to disclose protected information to a court or tribunal.

Designated law

(3) The legislative rules may declare that a specified law of a State or

Territory is a designated law for the purposes of this section.

103 Disclosure or use for the purposes of this Act etc.

An entrusted official may disclose or use protected information if:

(a) the disclosure or use is for the purposes of this Act; or

Part 9 Secrecy

Section 104

74 Australian Jobs Bill 2013 No. , 2013

(b) the disclosure or use is for the purposes of the performance of

the functions of the Authority; or

the functions of the AIP advisory board; or

(d) the disclosure or use is in the course of the official's

employment or service as an entrusted official.

104 Disclosure to Minister

An entrusted official may disclose protected information to the

Minister.

105 Disclosure to Secretary etc.

An entrusted official may disclose protected information to:

(a) the Secretary of the Department; or

(b) an officer of the Department who is authorised by the

Secretary, in writing, for the purposes of this section;

if the disclosure is for the purposes of advising the Minister.

106 Disclosure to a Royal Commission

(1) An entrusted official may disclose protected information to a Royal

Commission.

(2) The Authority may, by writing, impose conditions to be complied

with in relation to protected information disclosed under

subsection (1).

(3) An instrument under subsection (2) is not a legislative instrument.

107 Disclosure to certain agencies, bodies and persons

Scope

(1) This section applies if the Authority is satisfied that particular

protected information will enable or assist any of the following

agencies, bodies or persons:

(a) the Australian Communications and Media Authority;

(b) the Australian Competition and Consumer Commission;

Secrecy Part 9

Section 107

Australian Jobs Bill 2013 No. , 2013 75

(d) the Australian Securities and Investments Commission;

(e) the National Competition Council;

(f) the Productivity Commission;

(g) the Australian Statistician;

(h) the Commissioner of Taxation;

(i) the Australian Competition Tribunal;

(j) the Director of Public Prosecutions;

(k) the Australian Transaction Reports and Analysis Centre;

(l) the Reserve Bank of Australia;

(m) Industry Capability Network Limited (ACN 068 571 513);

(n) the Chief Executive Officer of Customs;

(o) a State/Territory government body whose functions include a

function that corresponds to a function of the Authority;

(p) a designated State/Territory government body;

(q) a designated professional disciplinary body;

to perform or exercise any of the functions or powers of the

agency, body or person.

Disclosure

(2) If an entrusted official is authorised by the Authority, in writing,

for the purposes of this section, the official may disclose that

protected information to the agency, body or person concerned.

(3) The Authority may, by writing, impose conditions to be complied

with in relation to protected information disclosed under

subsection (2).

(4) A person commits an offence if:

(a) the person is subject to a condition under subsection (3); and

(b) the person engages in conduct; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(5) An instrument under subsection (3) is not a legislative instrument.

Part 9 Secrecy

Section 108

76 Australian Jobs Bill 2013 No. , 2013

Designated professional disciplinary bodies

(6) A person commits an offence if:

(a) the person is:

(i) a designated professional disciplinary body; or

(ii) a member of a designated professional disciplinary

body; and

(b) protected information has been disclosed under

subsection (2) to the body; and

(i) discloses the information to another person; or

(ii) uses the information; and

(d) the disclosure or use is not:

(i) with the consent of the Authority; or

(ii) for the purpose of deciding whether or not to take

disciplinary or other action; or

(iii) for the purpose of taking disciplinary or other action.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Designated State/Territory government body

(7) The legislative rules may declare that a specified State/Territory

government body is a designated State/Territory government body

for the purposes of this section.

Designated professional disciplinary body

(8) The legislative rules may declare that a specified professional

disciplinary body is a designated professional disciplinary body

for the purposes of this section.

108 Disclosure with consent

An entrusted official may disclose protected information that

relates to the affairs of a person if:

(a) the person has consented to the disclosure; and

(b) the disclosure is in accordance with that consent.

Secrecy Part 9

Section 109

Australian Jobs Bill 2013 No. , 2013 77

109 Disclosure of publicly available information

An entrusted official may disclose protected information if it has

already been lawfully made available to the public.

110 Disclosure of summaries or statistics

An entrusted official may disclose:

(a) summaries of protected information; or

(b) statistics derived from protected information;

if those summaries or statistics, as the case may be, are not likely

to enable the identification of a person.

111 Disclosure for purposes of law enforcement

Scope

(1) This section applies if the Authority is satisfied that disclosure of

particular protected information is reasonably necessary for:

(a) the enforcement of the criminal law; or

(b) the enforcement of a law imposing a pecuniary penalty; or

Disclosure

(2) The Authority may disclose that protected information to:

(a) a Department, agency or authority of the Commonwealth, a

State or a Territory; or

(b) an Australian police force;

whose functions include that enforcement or protection, for the

purposes of that enforcement or protection.

(3) If an entrusted official is authorised by the Authority, in writing,

for the purposes of this section, the official may disclose that

protected information to:

(a) a Department, agency or authority of the Commonwealth, a

State or a Territory; or

(b) an Australian police force;

Part 9 Secrecy

Section 111

78 Australian Jobs Bill 2013 No. , 2013

whose functions include that enforcement or protection, for the

purposes of that enforcement or protection.

Secondary disclosure and use

(4) A person commits an offence if:

(a) the person is, or has been, an employee or officer of:

(i) a Department, agency or authority of the

Commonwealth, a State or a Territory; or

(ii) an Australian police force; and

(b) protected information has been disclosed under

subsection (2) or (3) to the Department, agency, authority or

police force, as the case may be; and

capacity as an employee or officer of the Department,

agency, authority or police force, as the case may be; and

(d) the person:

(i) discloses the information to another person; or

(ii) uses the information; and

(e) the disclosure or use is not:

(i) with the consent of the Authority; or

(ii) for the purpose of enforcing the criminal law; or

(iii) for the purpose of enforcing a law imposing a pecuniary

penalty; or

(iv) for the purpose of protecting the public revenue.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Conditions

(5) The Authority may, by writing, impose conditions to be complied

with in relation to protected information disclosed under

subsection (2) or (3).

(6) A person commits an offence if:

(a) the person is subject to a condition under subsection (5); and

(b) the person engages in conduct; and

Part 10 Review of decisions

Section 112

80 Australian Jobs Bill 2013 No. , 2013

Part 10--Review of decisions

112 Review by the Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal

for review of any of the following decisions of the Authority:

Reviewable decisions

Item

Decision

A decision to make a determination under subsection 8(5).

A decision to make a declaration under subsection 9(3) or (5).

A decision to make a determination under subsection 10(2).

A decision to refuse to specify a day under paragraph 13(1)(c).

A decision to specify a day under paragraph 13(1)(c).

A decision to refuse to specify a later time under paragraph 17(1)(b).

A decision to specify a later time under paragraph 17(1)(b).

A decision under section 18, 19 or 20 to refuse to approve a draft AIP plan.

A decision to make a determination under subsection 25(4).

A decision to give a notice under subsection 57(2) or (3).

A decision to name a person in a report in accordance with subsection 57(4).

A decision to name a person under subsection 57(5).

Miscellaneous Part 11

Section 117

Australian Jobs Bill 2013 No. , 2013 81

Part 11--Miscellaneous

117 Operation of new relevant facility--constitutional basis

(1) This Act does not apply to the operation of a new relevant facility

in relation to a designated project except to the extent to which:

(a) one or more constitutional corporations are responsible for

operating the facility; or

(b) the facility:

(i) is in one or more offshore areas (within the meaning of

the Offshore Petroleum and Greenhouse Gas Storage

Act 2006); and

(ii) relates to the exercise of Australia's sovereign rights in

the exclusive economic zone or the continental shelf; or

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) within a Territory; or

(iv) between a State and a Territory; or

(v) between 2 Territories; or

(d) the facility is in a Territory; or

(e) the facility is in a Commonwealth place (within the meaning

of the Commonwealth Places (Application of Laws) Act

1970).

(2) Subsection (1) is to be disregarded in determining whether a

project is a designated project.

118 Concurrent operation of State and Territory laws

This Act is not intended to exclude or limit the operation of a law

of a State or Territory that is capable of operating concurrently

with this Act.

Part 11 Miscellaneous

Section 119

82 Australian Jobs Bill 2013 No. , 2013

119 Constitutional limitations

Commonwealth not to give preference

(1) A function or power conferred by this Act must not be performed

or exercised in such a way as to give preference (within the

meaning of section 99 of the Constitution) to one State or part of a

State over another State or part of a State.

Trade to be absolutely free

(2) A function or power conferred by this Act must not be performed

or exercised in such a way that the performance of the function, or

the exercise of the power, would infringe section 92 of the

Constitution.

Note:

Section 92 of the Constitution requires trade among the States to be

absolutely free.

120 No interference with powers and functions of another

jurisdiction

(1) If:

(a) apart from this subsection, this Act would operate so as to

prevent or interfere with the exercise of the powers, or the

performance of the functions or duties, of the government of

a State; and

(b) that operation would be invalid because of the Constitution;

this Act does not so operate.

(2) If:

(a) apart from this subsection, this Act would operate so as to

prevent or interfere with the exercise of the powers, or the

performance of the functions or duties, of the government of

the Australian Capital Territory or the Northern Territory;

and

(b) that operation would be invalid because of the Constitution if

it were assumed that the Territory were a State;

this Act does not so operate.

Miscellaneous Part 11

Section 121

Australian Jobs Bill 2013 No. , 2013 83

121 Compensation for acquisition of property

(1) If the operation of this Act would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in a

court of competent jurisdiction for the recovery from the

Commonwealth of such reasonable amount of compensation as the

court determines.

(3) In this section:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

122 Validity of transactions in contravention of Act

A contravention of this Act does not affect the validity of any

transaction.

123 Consideration not in cash

For the purposes of this Act, if a transaction has involved, or will

involve, non-cash consideration, assume that the monetary value of

that consideration has been, or will be, incurred.

124 Translation of amounts into Australian currency

(1) For the purposes of this Act, an amount in a foreign currency is to

be translated into Australian currency.

(2) The amount of foreign currency is to be translated to Australian

currency at the exchange rate applicable at the relevant time.

Part 11 Miscellaneous

Section 125

84 Australian Jobs Bill 2013 No. , 2013

125 Law relating to legal professional privilege not affected

This Act does not affect the law relating to legal professional

privilege.

126 Liability for damages

None of the following:

(a) the Minister;

(b) the Authority;

(d) a member of the staff assisting the Authority;

(e) a person assisting the Authority under section 81;

(f) the AIP advisory board;

(g) an advisory board member;

is liable to an action or other proceeding for damages for, or in

relation to, an act or matter in good faith done or omitted to be

done:

(h) in the performance or purported performance of any function;

(i) in the exercise or purported exercise of any power;

conferred by this Act.

127 Review of operation of Act

(1) Before the end of the period of 5 years after the commencement of

this section, the Minister must cause to be conducted a review of

the operation of this Act.

(2) A review under subsection (1) must be conducted in a manner that

provides for wide public consultation.

(3) The Minister must cause to be prepared a report of a review under

subsection (1).

(4) The Minister must cause copies of a report to be tabled in each

House of the Parliament within 15 sittings days of that House after

the completion of the preparation of the report.

Commonwealth of Australia Bills

AUSTRALIAN JOBS BILL 2013