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This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
High Speed Rail Planning Authority Bill
2013
No. , 2013
(Mr Albanese)
A Bill for an Act to establish the High Speed Rail
Planning Authority, and for related purposes
No. , 2013
High Speed Rail Planning Authority Bill 2013
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Simplified outline .............................................................................. 2
5
Definitions ......................................................................................... 2
6
Crown to be bound ............................................................................. 3
Part 2--High Speed Rail Planning Authority
4
Division 1--Establishment and functions
4
7
Establishment ..................................................................................... 4
8
Membership ....................................................................................... 4
9
Functions and powers ........................................................................ 4
10
Authority has the privileges and immunities of the Crown ............... 5
Division 2--Appointment of members
6
11
Appointment of members .................................................................. 6
12
Term of appointment ......................................................................... 6
13
Acting appointments .......................................................................... 6
Division 3--Terms and conditions of appointment
8
14
Remuneration and allowances ........................................................... 8
15
Leave of absence ................................................................................ 8
16
Outside employment .......................................................................... 8
17
Disclosure of interests ........................................................................ 8
18
Disclosure of interests to the Authority ............................................. 9
19
Other terms and conditions ................................................................ 9
20
Resignation ........................................................................................ 9
21
Termination of appointment ............................................................ 10
Division 4--Staff and consultants
11
22
Staff ................................................................................................. 11
23
Consultants ...................................................................................... 11
Part 3--Meetings of the High Speed Rail Planning Authority
12
24
Convening meetings ........................................................................ 12
25
Presiding at meetings ....................................................................... 12
26
Quorum ............................................................................................ 12
27
Voting at meetings ........................................................................... 13
28
Conduct of meetings ........................................................................ 13
ii
High Speed Rail Planning Authority Bill 2013
No. , 2013
29
Minutes ............................................................................................ 13
Part 4--Reports and information
14
30
Annual report ................................................................................... 14
31
Minister may require Authority to prepare reports or give
information ...................................................................................... 14
Part 5--Miscellaneous
16
32
Rules ................................................................................................ 16
No. , 2013
High Speed Rail Planning Authority Bill 2013
1
A Bill for an Act to establish the High Speed Rail
1
Planning Authority, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the High Speed Rail Planning Authority
7
Act 2013.
8
Part 1 Preliminary
Section 2
2
High Speed Rail Planning Authority Bill 2013
No. , 2013
2 Commencement
1
This Act commences on the day the Consolidated Revenue Fund is
2
appropriated under an Act to the Department in which this Act is
3
administered for payment to the Authority.
4
3 Objects
5
The objects of this Act are:
6
(a) to establish an Authority to advise on, plan and develop the
7
HSR system; and
8
(b) to ensure that the HSR corridor is preserved so that provision
9
can be made for regular, efficient and cost-effective rail
10
transport on the east coast of Australia.
11
4 Simplified outline
12
The following is a simplified outline of this Act:
13
This Act establishes the High Speed Rail Planning Authority. The
14
Authority has functions relating to the planning and development
15
of the HSR system.
16
5 Definitions
17
In this Act:
18
Australian Local Government Association means the Australian
19
Local Government Association Limited (ABN 31 008 613 876).
20
Authority means the High Speed Rail Planning Authority
21
established by section 7.
22
Chair means the Chair of the Authority.
23
HSR corridor (short for high speed rail corridor) means the area on
24
the east coast of Australia through which the HSR system will run.
25
Preliminary Part 1
Section 6
No. , 2013
High Speed Rail Planning Authority Bill 2013
3
HSR system (short for high speed rail system) means a dedicated
1
railway network that links major capital cities, and some regional
2
centres, on the east coast of Australia.
3
member means a member of the Authority, and includes the Chair.
4
6 Crown to be bound
5
This Act binds the Crown in each of its capacities.
6
Part 2 High Speed Rail Planning Authority
Division 1 Establishment and functions
Section 7
4
High Speed Rail Planning Authority Bill 2013
No. , 2013
Part 2--High Speed Rail Planning Authority
1
Division 1--Establishment and functions
2
7 Establishment
3
The High Speed Rail Planning Authority is established by this
4
section.
5
Note:
The Authority falls within the Infrastructure and Regional
6
Development portfolio.
7
8 Membership
8
The Authority consists of 11 members.
9
9 Functions and powers
10
(1) The Authority has the following functions:
11
(a) to engage in land use planning in relation to the HSR
12
corridor;
13
(b) to provide direction for efficient development and
14
construction of the HSR system;
15
(c) to consider specific measures aimed at preventing,
16
controlling or reducing the environmental impact associated
17
with the HSR system;
18
(d) to ensure that the HSR system will provide safe, regular,
19
efficient and cost-effective rail transport;
20
(e) to consult with interested bodies and the public generally on
21
matters relating to the HSR corridor and HSR system.
22
(2) The Authority has power to do all things necessary and convenient
23
to be done for or in connection with the performance of its
24
functions.
25
High Speed Rail Planning Authority Part 2
Establishment and functions Division 1
Section 10
No. , 2013
High Speed Rail Planning Authority Bill 2013
5
10 Authority has the privileges and immunities of the Crown
1
The Authority has the privileges and immunities of the Crown.
2
Part 2 High Speed Rail Planning Authority
Division 2 Appointment of members
Section 11
6
High Speed Rail Planning Authority Bill 2013
No. , 2013
Division 2--Appointment of members
1
11 Appointment of members
2
(1) A member is to be appointed by the Minister by written instrument
3
on a part-time basis.
4
(2) The Minister is to appoint:
5
(a) 5 members whom the Minister considers has appropriate
6
qualifications, knowledge, skills or experience; and
7
(b) 1 member nominated, in writing, by the Governor of New
8
South Wales; and
9
(c) 1 member nominated, in writing, by the Governor of
10
Victoria; and
11
(d) 1 member nominated, in writing, by the Governor of
12
Queensland; and
13
(e) 1 member nominated, in writing, by the Chief Minister of the
14
Australian Capital Territory; and
15
(f) 1 member nominated, in writing, by the Australian Local
16
Government Association; and
17
(g) 1 member nominated, in writing, by the Australasian Railway
18
Association.
19
(3) The Minister must appoint one of the 5 members mentioned in
20
paragraph (2)(a) to be the Chair.
21
12 Term of appointment
22
A member holds office for the period specified in the instrument of
23
appointment. The period must not exceed 3 years.
24
Note:
A member may be reappointed, see section 33AA of the Acts
25
Interpretation Act 1901.
26
13 Acting appointments
27
(1) The Minister may appoint a member to act as the Chair:
28
High Speed Rail Planning Authority Part 2
Appointment of members Division 2
Section 13
No. , 2013
High Speed Rail Planning Authority Bill 2013
7
(a) during a vacancy in the office of Chair, whether or not an
1
appointment has previously been made to the office; or
2
(b) during any period, or during all periods, when the Chair is
3
absent from duty or from Australia, or is, for any reason,
4
unable to perform the duties of the office.
5
Note:
For rules that apply to acting appointments, see section 33A of the
6
Acts Interpretation Act 1901.
7
(2) The Minister may appoint a person to act as a member:
8
(a) during a vacancy in the office of a member, whether or not an
9
appointment has previously been made to the office; or
10
(b) during any period, or during all periods, when a member is
11
absent from duty or from Australia, or is, for any reason,
12
unable to perform the duties of the office.
13
Note:
For rules that apply to acting appointments, see section 33A of the
14
Acts Interpretation Act 1901.
15
Part 2 High Speed Rail Planning Authority
Division 3 Terms and conditions of appointment
Section 14
8
High Speed Rail Planning Authority Bill 2013
No. , 2013
Division 3--Terms and conditions of appointment
1
14 Remuneration and allowances
2
(1) A member is to be paid the remuneration that is determined by the
3
Remuneration Tribunal. If no determination of that remuneration
4
by the Tribunal is in operation, the member is to be paid the
5
remuneration that is prescribed by the rules.
6
(2) A member is to be paid the allowances that are prescribed by the
7
rules.
8
(3) This section has effect subject to the Remuneration Tribunal Act
9
1973.
10
15 Leave of absence
11
(1) The Minister may grant leave of absence to the Chair on the terms
12
and conditions that the Minister determines.
13
(2) The Chair may grant leave of absence to any other member on the
14
terms and conditions that the Chair determines.
15
16 Outside employment
16
A member must not engage in any paid employment that, in the
17
Minister's opinion, conflicts or may conflict with the proper
18
performance of his or her duties.
19
17 Disclosure of interests
20
A member must give written notice to the Minister of all interests,
21
pecuniary or otherwise, that the member has or acquires and that
22
conflict or could conflict with the proper performance of the
23
member's duties.
24
High Speed Rail Planning Authority Part 2
Terms and conditions of appointment Division 3
Section 18
No. , 2013
High Speed Rail Planning Authority Bill 2013
9
18 Disclosure of interests to the Authority
1
(1) A member who has an interest, pecuniary or otherwise, in a matter
2
being considered or about to be considered by the Authority must
3
disclose the nature of the interest to a meeting of the Authority.
4
(2) The disclosure must be made as soon as possible after the relevant
5
facts have come to the member's knowledge.
6
(3) The disclosure must be recorded in the minutes of the meeting of
7
the Authority.
8
(4) Unless the Authority otherwise determines, the member:
9
(a) must not be present during any deliberation by the Authority
10
on the matter; and
11
(b) must not take part in any decision of the Authority with
12
respect to the matter.
13
(5) For the purposes of making a determination under subsection (4),
14
the member:
15
(a) must not be present during any deliberation of the Authority
16
for the purpose of making the determination; and
17
(b) must not take part in making the determination.
18
(6) A determination under subsection (4) must be recorded in the
19
minutes of the meeting of the Authority.
20
19 Other terms and conditions
21
A member holds office on the terms and conditions (if any) in
22
relation to matters not covered by this Act that are determined by
23
the Minister.
24
20 Resignation
25
(1) A member may resign his or her appointment by giving the
26
Minister a written resignation.
27
Part 2 High Speed Rail Planning Authority
Division 3 Terms and conditions of appointment
Section 21
10
High Speed Rail Planning Authority Bill 2013
No. , 2013
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
21 Termination of appointment
4
The Minister may terminate the appointment of a member:
5
(a) for misbehaviour; or
6
(b) if the member is unable to perform the duties of his or her
7
office because of physical or mental incapacity.
8
(c) if the member:
9
(i) becomes bankrupt; or
10
(ii) applies to take the benefit of any law for the relief of
11
bankrupt or insolvent debtors; or
12
(iii) compounds with his or her creditors; or
13
(iv) makes an assignment of his or her remuneration for the
14
benefit of his or her creditors; or
15
(d) if the member is absent, except on leave of absence, from 3
16
consecutive meetings of the Authority; or
17
(e) if the member engages in paid employment that, in the
18
Minister's opinion, conflicts or may conflict with the proper
19
performance of the member's duties (see section 16); or
20
(e) if the member fails, without reasonable excuse, to comply
21
with section 17 or 18 (disclosure of interests).
22
High Speed Rail Planning Authority Part 2
Staff and consultants Division 4
Section 22
No. , 2013
High Speed Rail Planning Authority Bill 2013
11
Division 4--Staff and consultants
1
22 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 Chair and the staff together constitute a Statutory
6
Agency; and
7
(b) the Chair is the Head of that Statutory Agency.
8
23 Consultants
9
The Chair may, on behalf of the Commonwealth, engage
10
consultants to assist in the performance of the Authority's
11
functions.
12
Part 3 Meetings of the High Speed Rail Planning Authority
Section 24
12
High Speed Rail Planning Authority Bill 2013
No. , 2013
Part 3--Meetings of the High Speed Rail Planning
1
Authority
2
3
24 Convening meetings
4
(1) The Authority must hold the meetings that are necessary for the
5
efficient performance of its functions.
6
(2) Meetings are to be held at the times and places that the Chair
7
determines.
8
Note:
See also section 33B of the Acts Interpretation Act 1901, which
9
contains extra rules about meetings by telephone etc.
10
(3) The Chair:
11
(a) may convene a meeting; and
12
(b) must convene at least 2 meetings each calendar year; and
13
(c) must convene a meeting if requested in writing by:
14
(i) 6 or more other members; or
15
(ii) the Minister.
16
25 Presiding at meetings
17
(1) The Chair must preside at all meetings at which he or she is
18
present.
19
(2) If the Chair is not present at a meeting, the members present must
20
appoint one of their number to preside.
21
26 Quorum
22
(1) At a meeting of the Authority, a quorum is constituted by a
23
majority of members.
24
(2) However, if:
25
Meetings of the High Speed Rail Planning Authority Part 3
Section 27
No. , 2013
High Speed Rail Planning Authority Bill 2013
13
(a) section 18 prevents a member from participating in the
1
deliberations or decisions of the Authority with respect to a
2
particular matter; and
3
(b) when the member leaves the meeting concerned there is no
4
longer a quorum;
5
the remaining members at the meeting constitute a quorum for the
6
purpose of any deliberation or decision at the meeting with respect
7
to that matter.
8
27 Voting at meetings
9
(1) A question arising at a meeting is to be determined by a majority of
10
the votes of the members present and voting.
11
(2) The person presiding at the meeting has a deliberative vote and, in
12
the event of an equality of votes, a casting vote.
13
28 Conduct of meetings
14
Subject to this Part, the Authority may regulate proceedings at is
15
meeting as it considers appropriate.
16
29 Minutes
17
The Authority must keep minutes of its meetings.
18
Part 4 Reports and information
Section 30
14
High Speed Rail Planning Authority Bill 2013
No. , 2013
Part 4--Reports and information
1
2
30 Annual report
3
Annual report to be given to Minister
4
(1) The Authority must, as soon as practicable after the end of each
5
financial year, prepare and give to the Minister, for presentation to
6
the Parliament, a report on the Authority's operations during the
7
year.
8
Note:
See also section 34C of the Acts Interpretation Act 1901, which
9
contains provisions about annual reports.
10
(2) For the purposes of subsection (1), the period beginning on the day
11
this section commences and ending at the end of the next 30 June
12
is taken to be a financial year.
13
Contents of annual report
14
(3) The Authority must include in the report the following:
15
(a) the financial statements required by section 49 of the
16
Financial Management and Accountability Act 1997;
17
(b) an audit report on those statements under section 57 of the
18
Financial Management and Accountability Act 1997.
19
31 Minister may require Authority to prepare reports or give
20
information
21
Reports
22
(1) The Minister may, by written notice given to the Authority, require
23
the Authority to:
24
(a) prepare a report about one or more specified matters relating
25
to the performance of the Authority's functions; and
26
(b) give a copy of the report to the Minister within the period
27
specified in the notice.
28
Reports and information Part 4
Section 31
No. , 2013
High Speed Rail Planning Authority Bill 2013
15
Information
1
(2) The Minister may, by written notice given to the Authority, require
2
the Authority to:
3
(a) prepare a document setting out specified information relating
4
to the performance of the Authority's functions; and
5
(b) give a copy of the document to the Minister within the period
6
specified in the notice.
7
Compliance
8
(3) The Authority must comply with a requirement under
9
subsection (1) or (2).
10
Part 5 Miscellaneous
Section 32
16
High Speed Rail Planning Authority Bill 2013
No. , 2013
Part 5--Miscellaneous
1
2
32 Rules
3
The Minister may, by legislative instrument, make rules
4
prescribing matters:
5
(a) required or permitted by this Act to be prescribed by the
6
rules; or
7
(b) necessary or convenient to be prescribed for carrying out or
8
giving effect to this Act.
9
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