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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
High Speed Rail Authority Bill 2022
No. , 2022
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to establish the High Speed Rail
Authority, and for related purposes
No. , 2022
High Speed Rail Authority Bill 2022
i
Contents
Part 1--Preliminary
1
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Simplified outline of this Act ............................................... 2
4
Definitions ............................................................................ 3
5
Act binds the Crown ............................................................. 4
Part 2--High Speed Rail Authority
5
Division 1--Introduction
5
6
Simplified outline of this Part ............................................... 5
Division 2--Establishment and functions
6
7
Establishment ....................................................................... 6
8
Functions .............................................................................. 6
9
Powers .................................................................................. 7
10
Authority does not have privileges and immunities of the
Crown ................................................................................... 7
Division 3--Minister may give directions to the Authority
8
11
General directions ................................................................. 8
Part 3--Board of the Authority
9
Division 1--Introduction
9
12
Simplified outline of this Part ............................................... 9
Division 2--Establishment and functions of the Board
10
13
Establishment of the Board ................................................. 10
14
Functions of the Board ....................................................... 10
Division 3--Board members
11
15
Membership ........................................................................ 11
16
Appointment ....................................................................... 11
17
Term of appointment .......................................................... 11
18
Acting appointments ........................................................... 11
19
Terms and conditions ......................................................... 12
20
Remuneration ..................................................................... 12
21
Leave of absence ................................................................ 12
22
Other paid work .................................................................. 13
23
Resignation ......................................................................... 13
24
Termination of appointment ............................................... 13
Division 4--Meetings of the Board
15
ii
High Speed Rail Authority Bill 2022
No. , 2022
25
Convening meetings ........................................................... 15
26
Presiding at meetings .......................................................... 15
27
Quorum............................................................................... 15
28
Voting at meetings .............................................................. 16
29
Conduct of meetings ........................................................... 16
30
Minutes ............................................................................... 16
31
Decisions without meetings ................................................ 16
Part 4--Chief Executive Officer, staff and consultants
18
Division 1--Introduction
18
32
Simplified outline of this Part ............................................. 18
Division 2--Chief Executive Officer
19
33
Chief Executive Officer ...................................................... 19
34
Functions of the CEO ......................................................... 19
35
CEO to act in accordance with directions of Board ............ 19
36
Appointment ....................................................................... 19
37
Acting appointment ............................................................ 20
38
Terms and conditions ......................................................... 20
39
Remuneration ..................................................................... 20
40
Leave of absence ................................................................ 21
41
Other paid work .................................................................. 21
42
Disclosure of interests ........................................................ 21
43
Resignation ......................................................................... 21
44
Termination of appointment ............................................... 22
Division 3--Staff and consultants
23
45
Staff .................................................................................... 23
46
Consultants ......................................................................... 23
Part 5--Miscellaneous
24
47
Simplified outline of this Part ............................................. 24
48
Corporate plan .................................................................... 24
49
Review of this Act .............................................................. 24
50
Rules ................................................................................... 24
No. , 2022
High Speed Rail Authority Bill 2022
1
A Bill for an Act to establish the High Speed Rail
1
Authority, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the
High Speed Rail Authority Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1
Preliminary
Section 3
2
High Speed Rail Authority Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions 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
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Simplified outline of this Act
10
There is to be a High Speed Rail Authority.
11
The Authority has functions in relation to the high speed rail
12
network and the high speed rail corridor. The Authority also has
13
functions in relation to a faster rail network and additional
14
corridors for that network.
15
The Authority must perform its functions in accordance with
16
directions given by the Minister.
17
There is to be a Board of the Authority and a Chief Executive
18
Officer of the Authority.
19
The Authority can engage staff and consultants.
20
Preliminary
Part 1
Section 4
No. , 2022
High Speed Rail Authority Bill 2022
3
This Act also deals with miscellaneous matters, including
1
reviewing the operation of the Act and the power to make rules.
2
4 Definitions
3
In this Act:
4
Authority
means the High Speed Rail Authority.
5
Board
means the Board of the Authority.
6
Board member
means a member of the Board and includes the
7
Chair.
8
CEO
means the Chief Executive Officer of the Authority.
9
Chair
means the Chair of the Board.
10
faster rail network
means a network of railways in Australia that
11
are not capable of supporting high speed trains.
12
high speed rail corridor
means the area through which the high
13
speed rail network will run.
14
high speed rail network
means a network of railways that:
15
(a) are capable, in whole or in part, of supporting high speed
16
trains; and
17
(b) connect:
18
(i) Sydney, Melbourne, Brisbane and Canberra; and
19
(ii) some regional centres on the east coast of Australia or in
20
New South Wales, Victoria or Queensland.
21
high speed train
means a vehicle that:
22
(a) is designed to transport passengers or goods and operates on
23
a railway (including a vehicle that does not have wheels); and
24
(b) is capable of travelling at speeds exceeding 250 km/hr.
25
paid work
means work for financial gain or reward (whether as an
26
employee, a self-employed person or otherwise).
27
rules
means rules made under section 50.
28
Part 1
Preliminary
Section 5
4
High Speed Rail Authority Bill 2022
No. , 2022
5 Act binds the Crown
1
This Act binds the Crown in each of its capacities.
2
High Speed Rail Authority
Part 2
Introduction
Division 1
Section 6
No. , 2022
High Speed Rail Authority Bill 2022
5
Part 2--High Speed Rail Authority
1
Division 1--Introduction
2
6 Simplified outline of this Part
3
There is to be a High Speed Rail Authority.
4
The Authority's main functions are the following:
5
(a)
developing policy and planning, consulting relevant
6
parties, giving advice and recommendations and
7
undertaking evaluations and research in relation to the
8
high speed rail network, the high speed rail corridor, a
9
faster rail network and additional rail corridors for a
10
faster rail network;
11
(b)
constructing or extending a railway in a State for the
12
high speed rail network or a faster rail network, with the
13
State's consent;
14
(c)
constructing or extending a railway in a Territory for the
15
high speed rail network or a faster rail network, with the
16
Territory's consent.
17
The Minister can give general directions to the Authority about the
18
performance of the Authority's functions.
19
Part 2
High Speed Rail Authority
Division 2
Establishment and functions
Section 7
6
High Speed Rail Authority Bill 2022
No. , 2022
Division 2--Establishment and functions
1
7 Establishment
2
(1) The High Speed Rail Authority is established by this section.
3
(2) The Authority:
4
(a) is a body corporate; and
5
(b) must have a seal; and
6
(c) may acquire, hold and dispose of real and personal property;
7
and
8
(d) may sue and be sued.
9
Note:
The
Public Governance, Performance and Accountability Act 2013
10
applies to the Authority. That Act deals with matters relating to
11
corporate Commonwealth entities, including reporting and the use and
12
management of public resources.
13
(3) The Authority's seal is to be kept in such custody as the Board
14
directs and must not be used except as authorised by the Board.
15
8 Functions
16
(1) The Authority has the following functions:
17
(a) to:
18
(i) lead and coordinate policy development and planning;
19
and
20
(ii) consult, liaise and negotiate with States and Territories
21
and other relevant parties; and
22
(iii) provide advice and recommendations to the Minister
23
and other relevant parties (including advice and
24
recommendations on environmental matters and
25
interconnectedness); and
26
(iv) undertake evaluations and research and gather
27
information;
28
in relation to the high speed rail network, the high speed rail
29
corridor, a faster rail network and additional rail corridors for
30
a faster rail network;
31
High Speed Rail Authority
Part 2
Establishment and functions
Division 2
Section 9
No. , 2022
High Speed Rail Authority Bill 2022
7
(b) if the Commonwealth obtains a State's consent, in
1
accordance with paragraph 51(xxxiv) of the Constitution, to
2
the construction or extension of a railway in the State for the
3
high speed rail network or a faster rail network--to construct
4
or extend the railway in the State for that network;
5
(c) if the Commonwealth obtains a Territory's consent to the
6
construction or extension of a railway in the Territory for the
7
high speed rail network or a faster rail network--to construct
8
or extend the railway in the Territory for that network;
9
(d) any other functions conferred on the Authority by this Act or
10
any other Commonwealth law;
11
(e) any other functions that are prescribed by rules made for the
12
purposes of this paragraph;
13
(f) to do anything incidental to, or conducive to, the
14
performance of the above functions.
15
Note:
Planning by the Authority may include transport and land use
16
planning.
17
(2) Rules made for the purposes of paragraph (1)(e) must specify the
18
legislative power or powers of the Parliament in respect of each
19
function of the Authority that is prescribed.
20
9 Powers
21
(1) The Authority has power to do all things necessary or convenient
22
to be done for or in connection with the performance of its
23
functions.
24
(2) The Authority's powers include, but are not limited to, the power
25
to enter into contracts and agreements.
26
10 Authority does not have privileges and immunities of the Crown
27
The Authority does not have the privileges and immunities of the
28
Crown in right of the Commonwealth.
29
Part 2
High Speed Rail Authority
Division 3
Minister may give directions to the Authority
Section 11
8
High Speed Rail Authority Bill 2022
No. , 2022
Division 3--Minister may give directions to the Authority
1
11 General directions
2
(1) The Minister may, by legislative instrument, give written directions
3
to the Authority about the performance of its functions.
4
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
5
Legislation Act 2003
do not apply to the directions (see regulations
6
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
7
Act).
8
(2) A direction under subsection (1) must be of a general nature only.
9
(3) The Authority must comply with a direction under subsection (1).
10
Board of the Authority
Part 3
Introduction
Division 1
Section 12
No. , 2022
High Speed Rail Authority Bill 2022
9
Part 3--Board of the Authority
1
Division 1--Introduction
2
12 Simplified outline of this Part
3
There is to be a Board of the Authority.
4
The Board's main functions are:
5
(a)
to decide, within the scope of any directions given to the
6
Authority, the strategies and policies to be followed by
7
the Authority; and
8
(b)
to ensure the proper, efficient and effective performance
9
of the Authority's functions.
10
The Minister appoints Board members, including the Chair.
11
The Board is to hold meetings, as necessary, for the performance
12
of its functions.
13
Part 3
Board of the Authority
Division 2
Establishment and functions of the Board
Section 13
10
High Speed Rail Authority Bill 2022
No. , 2022
Division 2--Establishment and functions of the Board
1
13 Establishment of the Board
2
The Board of the High Speed Rail Authority is established by this
3
section.
4
14 Functions of the Board
5
(1) The functions of the Board are:
6
(a) to decide, within the scope of any directions given to the
7
Authority under section 11, the strategies and policies to be
8
followed by the Authority; and
9
(b) to ensure the proper, efficient and effective performance of
10
the Authority's functions; and
11
(c) any other functions conferred on the Board by this Act.
12
(2) The Board has power to do all things necessary or convenient to be
13
done for or in connection with the performance of its functions.
14
Board of the Authority
Part 3
Board members
Division 3
Section 15
No. , 2022
High Speed Rail Authority Bill 2022
11
Division 3--Board members
1
15 Membership
2
The Board consists of the following members:
3
(a) a Chair;
4
(b) 4 other members.
5
16 Appointment
6
(1) Board members are to be appointed by the Minister by written
7
instrument.
8
Note:
Board members may be reappointed: see section 33AA of the
Acts
9
Interpretation Act 1901
.
10
(2) The Chair may be appointed on a full-time or part-time basis.
11
(3) Other Board members are to be appointed on a part-time basis.
12
(4) A person is not eligible for appointment as a Board member unless
13
the Minister is satisfied that the person has appropriate
14
qualifications, knowledge, skills or experience.
15
17 Term of appointment
16
A Board member holds office for the period specified in the
17
instrument of appointment. The period must not exceed 3 years.
18
18 Acting appointments
19
(1) The Minister may, by written instrument, appoint a Board member
20
to act as the Chair:
21
(a) during a vacancy in the office of Chair (whether or not an
22
appointment has previously been made to the office); or
23
(b) during any period, or during all periods, when the Chair:
24
(i) is absent from duty or from Australia; or
25
(ii) is, for any reason, unable to perform the duties of the
26
office.
27
Part 3
Board of the Authority
Division 3
Board members
Section 19
12
High Speed Rail Authority Bill 2022
No. , 2022
(2) The Minister may, by written instrument, appoint a person to act as
1
a Board member (other than the Chair):
2
(a) during a vacancy in the office of a Board member (other than
3
the Chair), whether or not an appointment has previously
4
been made to the office; or
5
(b) during any period, or during all periods, when a Board
6
member (other than the Chair):
7
(i) is absent from duty or from Australia; or
8
(ii) is, for any reason, unable to perform the duties of the
9
office.
10
Note:
For rules that apply to acting appointments, see sections 33AB and
11
33A of the
Acts Interpretation Act 1901
.
12
19 Terms and conditions
13
A Board member holds office on the terms and conditions (if any)
14
in relation to matters not covered by this Act that are determined
15
by the Minister.
16
20 Remuneration
17
(1) A Board member is to be paid the remuneration that is determined
18
by the Remuneration Tribunal. If no determination of that
19
remuneration by the Tribunal is in operation, the Board member is
20
to be paid the remuneration that is prescribed by the rules.
21
(2) A Board member is to be paid the allowances that are prescribed
22
by the rules.
23
(3) This section has effect subject to the
Remuneration Tribunal Act
24
1973
.
25
21 Leave of absence
26
Chair
27
(1) If the Chair is appointed on a full-time basis:
28
(a) the Chair has the recreation leave entitlements that are
29
determined by the Remuneration Tribunal; and
30
Board of the Authority
Part 3
Board members
Division 3
Section 22
No. , 2022
High Speed Rail Authority Bill 2022
13
(b) the Minister may grant the Chair leave of absence, other than
1
recreation leave, on the terms and conditions as to
2
remuneration or otherwise that the Minister determines.
3
(2) If the Chair is appointed on a part-time basis, the Minister may
4
grant leave of absence to the Chair on the terms and conditions that
5
the Minister determines.
6
Other Board members
7
(3) The Chair may grant leave of absence to any other Board member
8
on the terms and conditions that the Chair determines.
9
(4) The Chair must notify the Minister if the Chair grants another
10
Board member leave of absence for a period that exceeds 6
11
months.
12
22 Other paid work
13
(1) If the Chair is appointed on a full-time basis, the Chair must not
14
engage in paid work outside the duties of the Chair's office without
15
the Minister's approval.
16
(2) A Board member who is appointed on a part-time basis must not
17
engage in any paid work that, in the Minister's opinion, conflicts or
18
could conflict with the proper performance of the member's duties.
19
23 Resignation
20
(1) A Board member may resign the Board member's appointment by
21
giving the Minister a written resignation.
22
(2) The resignation takes effect on the day it is received by the
23
Minister or, if a later day is specified in the resignation, on that
24
later day.
25
24 Termination of appointment
26
The Minister may terminate the appointment of a Board member:
27
(a) for misbehaviour; or
28
Part 3
Board of the Authority
Division 3
Board members
Section 24
14
High Speed Rail Authority Bill 2022
No. , 2022
(b) if the Board member is unable to perform the duties of the
1
member's office because of physical or mental incapacity; or
2
(c) if the Board member:
3
(i) becomes bankrupt; or
4
(ii) applies to take the benefit of any law for the relief of
5
bankrupt or insolvent debtors; or
6
(iii) compounds with the Board member's creditors; or
7
(iv) makes an assignment of the Board member's
8
remuneration for the benefit of the Board member's
9
creditors; or
10
(d) for a Chair appointed on a full-time basis--if:
11
(i) the Chair is absent, except on leave of absence, for 14
12
consecutive days or for 28 days in any 12 months; or
13
(ii) the Chair engages, except with the Minister's approval,
14
in paid work outside the duties of the Chair's office (see
15
subsection 22(1)); or
16
(e) for a Board member appointed on a part-time basis--if:
17
(i) the Board member is absent, except on leave of absence,
18
from 3 consecutive meetings of the Board; or
19
(ii) the Board member engages in paid work that, in the
20
Minister's opinion, conflicts or could conflict with the
21
proper performance of the Board member's duties (see
22
subsection 22(2)).
23
Note:
The appointment of a Board member may also be terminated under
24
section 30 of the
Public Governance, Performance and Accountability
25
Act 2013
(which deals with terminating the appointment of an
26
accountable authority, or a member of an accountable authority, for
27
contravening general duties of officials).
28
Board of the Authority
Part 3
Meetings of the Board
Division 4
Section 25
No. , 2022
High Speed Rail Authority Bill 2022
15
Division 4--Meetings of the Board
1
25 Convening meetings
2
(1) The Board must hold such meetings as are necessary for the
3
efficient performance of its functions.
4
(2) The Chair:
5
(a) may convene a meeting at any time; and
6
(b) must convene at least 4 meetings each calendar year; and
7
(c) must convene a meeting within 30 days after receiving a
8
written request to do so from:
9
(i) 3 or more other members; or
10
(ii) the Minister.
11
(3) Paragraph (2)(b) does not apply in relation to the calendar year in
12
which this Act commences.
13
26 Presiding at meetings
14
(1) The Chair
must preside at all meetings at which the Chair is
15
present.
16
(2) If the Chair
is not present at a meeting, the other Board members
17
present must appoint one of themselves to preside.
18
27 Quorum
19
(1) At a meeting of the Board, a quorum is constituted by a majority of
20
Board members.
21
(2) However, if:
22
(a) a Board member
is required by rules made for the purposes
23
of section 29 of the
Public Governance, Performance and
24
Accountability Act 2013
not to be present during the
25
deliberations, or to take part in any decision, of the Board
26
with respect to a particular matter; and
27
(b) when the Board member leaves the meeting concerned there
28
is no longer a quorum present;
29
Part 3
Board of the Authority
Division 4
Meetings of the Board
Section 28
16
High Speed Rail Authority Bill 2022
No. , 2022
the remaining Board members at the meeting constitute a quorum
1
for the purpose of any deliberation or decision at that meeting with
2
respect to that matter.
3
28 Voting at meetings
4
(1) A question arising at a meeting of the Board is to be determined by
5
a majority of the votes of the Board members present and voting.
6
(2) The person presiding at a meeting of the Board has a deliberative
7
vote and, if the votes are equal, a casting vote.
8
29 Conduct of meetings
9
The Board may, subject to this Division, regulate proceedings at its
10
meetings as it considers appropriate.
11
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
12
information about the ways in which Board members may participate
13
in meetings.
14
30 Minutes
15
The Board must keep minutes of its meetings.
16
31 Decisions without meetings
17
(1) The Board is taken to have made a decision at a meeting if:
18
(a) without meeting, a majority of the Board members entitled to
19
vote on the proposed decision indicate agreement with the
20
decision; and
21
(b) that agreement is indicated in accordance with the method
22
determined by the Board under subsection (2); and
23
(c) all the Board members were informed of the proposed
24
decision, or reasonable efforts were made to inform all the
25
Board members of the proposed decision.
26
(2) Subsection (1) applies only if the Board:
27
(a) has determined that it may make decisions of that kind
28
without meeting; and
29
Board of the Authority
Part 3
Meetings of the Board
Division 4
Section 31
No. , 2022
High Speed Rail Authority Bill 2022
17
(b) has determined the method by which Board members are to
1
indicate agreement with proposed decisions.
2
(3) For the purposes of paragraph (1)(a), a Board member is not
3
entitled to vote on a proposed decision if the Board member would
4
not have been entitled to vote on that proposal if the matter had
5
been considered at a meeting of the Board.
6
(4) The Board must keep a record of decisions made in accordance
7
with this section.
8
Part 4
Chief Executive Officer, staff and consultants
Division 1
Introduction
Section 32
18
High Speed Rail Authority Bill 2022
No. , 2022
Part 4--Chief Executive Officer, staff and
1
consultants
2
Division 1--Introduction
3
32 Simplified outline of this Part
4
There is to be a Chief Executive Officer of the Authority.
5
The CEO is responsible for the day-to-day administration of the
6
Authority.
7
The staff of the Authority are employed under the
Public Service
8
Act 1999
and the Authority can also engage consultants.
9
Chief Executive Officer, staff and consultants
Part 4
Chief Executive Officer
Division 2
Section 33
No. , 2022
High Speed Rail Authority Bill 2022
19
Division 2--Chief Executive Officer
1
33 Chief Executive Officer
2
There is to be a Chief Executive Officer of the High Speed Rail
3
Authority.
4
34 Functions of the CEO
5
(1) The CEO is responsible for the day-to-day administration of the
6
Authority.
7
(2) The CEO has power to do all things necessary or convenient to be
8
done for or in connection with the performance of the CEO's
9
duties.
10
(3) The CEO is to act in accordance with policies and strategies
11
determined by the Board.
12
35 CEO to act in accordance with directions of Board
13
(1) The Board may give written directions to the CEO, not inconsistent
14
with any direction given to the Authority under section 11, about
15
the performance of the CEO's duties.
16
(2) The CEO must comply with a direction under subsection (1).
17
(3) Subsection (2) does not apply to the extent that the direction relates
18
to the CEO's performance of functions or exercise of powers under
19
the
Public Service Act 1999
in relation to the Authority.
20
(4) A direction under subsection (1) is not a legislative instrument.
21
36 Appointment
22
(1) The CEO is to be appointed by the Board by written instrument
23
after consultation with the Minister.
24
Note:
The CEO may be reappointed: see section 33AA of the
Acts
25
Interpretation Act 1901
.
26
(2) The CEO is to be appointed on a full-time basis.
27
Part 4
Chief Executive Officer, staff and consultants
Division 2
Chief Executive Officer
Section 37
20
High Speed Rail Authority Bill 2022
No. , 2022
(3) The CEO holds office for the period specified in the instrument of
1
appointment. The period must not exceed 5 years.
2
(4) The CEO must not be a Board member.
3
37 Acting appointment
4
The Board may, by written instrument and after consultation with
5
the Minister, appoint a person (other than a Board member) to act
6
as the CEO:
7
(a) during a vacancy in the office of CEO (whether or not an
8
appointment has previously been made to the office); or
9
(b) during any period, or during all periods, when the CEO:
10
(i) is absent from duty or from Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
Note:
For rules that apply to acting appointments, see sections 33AB and
14
33A of the
Acts Interpretation Act 1901
.
15
38 Terms and conditions
16
The CEO holds office on the terms and conditions (if any) in
17
relation to matters not covered by this Act that are determined by
18
the Board.
19
39 Remuneration
20
(1) The CEO is to be paid the remuneration that is determined by the
21
Remuneration Tribunal. If no determination of that remuneration
22
by the Tribunal is in operation, the CEO is to be paid the
23
remuneration that is prescribed by the rules.
24
(2) The CEO is to be paid the allowances that are prescribed by the
25
rules.
26
(3) This section has effect subject to the
Remuneration Tribunal Act
27
1973
.
28
Chief Executive Officer, staff and consultants
Part 4
Chief Executive Officer
Division 2
Section 40
No. , 2022
High Speed Rail Authority Bill 2022
21
40 Leave of absence
1
(1) The CEO has the recreation leave entitlements that are determined
2
by the Remuneration Tribunal.
3
(2) The Chair may grant the CEO leave of absence, other than
4
recreation leave, on the terms and conditions as to remuneration or
5
otherwise that the Chair determines.
6
(3) The Chair must notify the Minister if the Chair grants to the CEO
7
leave for a period that exceeds one month.
8
41 Other paid work
9
The CEO must not engage in paid work outside the duties of the
10
CEO's office without the Chair's approval.
11
42 Disclosure of interests
12
(1) A disclosure by the CEO under section 29 of the
Public
13
Governance, Performance and Accountability Act 2013
(which
14
deals with the duty to disclose interests) must be made to the
15
Board.
16
(2) Subsection (1) applies in addition to any rules made for the
17
purposes of that section.
18
(3) For the purposes of this Act and the
Public Governance,
19
Performance and Accountability Act 2013
, the CEO is taken not to
20
have complied with section 29 of that Act if the CEO does not
21
comply with subsection (1) of this section.
22
43 Resignation
23
(1) The CEO may resign the CEO's appointment by giving the Board
24
a written resignation.
25
(2) The resignation takes effect on the day it is received by the Board
26
or, if a later day is specified in the resignation, on that later day.
27
(3) If the CEO resigns under this section, the Chair must notify the
28
Minister of the resignation.
29
Part 4
Chief Executive Officer, staff and consultants
Division 2
Chief Executive Officer
Section 44
22
High Speed Rail Authority Bill 2022
No. , 2022
44 Termination of appointment
1
(1) The Board may terminate the appointment of the CEO:
2
(a) for misbehaviour; or
3
(b) if the CEO is unable to perform the duties of the CEO's
4
office because of physical or mental incapacity; or
5
(c) if the CEO:
6
(i) becomes bankrupt; or
7
(ii) applies to take the benefit of any law for the relief of
8
bankrupt or insolvent debtors; or
9
(iii) compounds with the CEO's creditors; or
10
(iv) makes an assignment of the CEO's remuneration for the
11
benefit of the CEO's creditors; or
12
(d) if the CEO is absent, except on leave of absence, for 14
13
consecutive days or for 28 days in any 12 months; or
14
(e) if the CEO engages, except with the Chair's approval, in paid
15
work outside the duties of the CEO's office (see section 41);
16
or
17
(f) if the CEO fails, without reasonable excuse, to comply with
18
section 29 of the
Public Governance, Performance and
19
Accountability Act 2013
(which deals with the duty to
20
disclose interests) or rules made for the purposes of that
21
section.
22
(2) If the Board terminates the appointment of the CEO, the Board
23
must notify the Minister of the termination.
24
Chief Executive Officer, staff and consultants
Part 4
Staff and consultants
Division 3
Section 45
No. , 2022
High Speed Rail Authority Bill 2022
23
Division 3--Staff and consultants
1
45 Staff
2
(1) The staff of the Authority must be persons engaged under the
3
Public Service Act 1999
.
4
(2) For the purposes of the
Public Service Act 1999
:
5
(a) the CEO and the APS employees assisting the CEO together
6
constitute a Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
46 Consultants
9
The Authority may engage consultants to assist in the performance
10
of its functions.
11
Part 5
Miscellaneous
Section 47
24
High Speed Rail Authority Bill 2022
No. , 2022
Part 5--Miscellaneous
1
2
47 Simplified outline of this Part
3
This Part deals with miscellaneous matters, including additional
4
requirements for the Authority's corporate plan, reviewing the
5
operation of the Act and the power to make rules.
6
48 Corporate plan
7
In preparing or varying a corporate plan under section 35 of the
8
Public Governance, Performance and Accountability Act 2013
, the
9
Board must consult with:
10
(a) the Minister; and
11
(b) such of the following as it considers appropriate:
12
(i) government, commercial, industrial, consumer and other
13
relevant bodies and organisations;
14
(ii) investors in infrastructure and owners of infrastructure.
15
49 Review of this Act
16
(1) At least once every 10 years, the Minister must cause a review of
17
the operation of this Act and the rules to be undertaken.
18
(2) The persons undertaking the review must give the Minister a
19
written report of the review.
20
(3) The Minister must cause a copy of the report of the review to be
21
tabled in each House of the Parliament within 15 sitting days of
22
that House after the report is given to the Minister.
23
50 Rules
24
(1) The Minister
may, by legislative instrument, make rules
25
prescribing matters:
26
(a) required or permitted by this Act to be prescribed by the
27
rules; or
28
Miscellaneous
Part 5
Section 50
No. , 2022
High Speed Rail Authority Bill 2022
25
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2
(2) To avoid doubt, the rules may not do the following:
3
(a) create an offence or civil penalty;
4
(b) provide powers of:
5
(i) arrest or detention; or
6
(ii) entry, search or seizure;
7
(c) impose a tax;
8
(d) set an amount to be appropriated from the Consolidated
9
Revenue Fund under an appropriation in this Act;
10
(e) directly amend the text of this Act.
11