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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
High Speed Rail Planning Authority Bill
2016
No. , 2016
(Mr Albanese)
A Bill for an Act to establish the High Speed Rail
Planning Authority, and for related purposes
No. , 2016
High Speed Rail Planning Authority Bill 2016
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
Other terms and conditions ................................................................ 9
19
Resignation ........................................................................................ 9
20
Termination of appointment .............................................................. 9
Division 4--Staff and consultants
11
21
Staff ................................................................................................. 11
22
Consultants ...................................................................................... 11
Part 3--Meetings of the High Speed Rail Planning Authority
12
23
Convening meetings ........................................................................ 12
24
Presiding at meetings ....................................................................... 12
25
Quorum............................................................................................ 12
26
Voting at meetings ........................................................................... 13
27
Conduct of meetings ........................................................................ 13
28
Minutes ............................................................................................ 13
ii
High Speed Rail Planning Authority Bill 2016
No. , 2016
Part 4--Miscellaneous
14
29
Rules ................................................................................................ 14
No. , 2016
High Speed Rail Planning Authority Bill 2016
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 2016.
8
Part 1 Preliminary
Section 2
2
High Speed Rail Planning Authority Bill 2016
No. , 2016
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. , 2016
High Speed Rail Planning Authority Bill 2016
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
paid work means work for financial gain or reward (whether as an
5
employee, a self-employed person or otherwise).
6
6 Crown to be bound
7
This Act binds the Crown in each of its capacities.
8
Part 2 High Speed Rail Planning Authority
Division 1 Establishment and functions
Section 7
4
High Speed Rail Planning Authority Bill 2016
No. , 2016
Part 2--High Speed Rail Planning Authority
1
Division 1--Establishment and functions
2
7 Establishment
3
(1) The High Speed Rail Planning Authority is established by this
4
section.
5
(2) For the purposes of the finance law (within the meaning of the
6
Public Governance, Performance and Accountability Act 2013):
7
(a) the Authority is a listed entity; and
8
(b) the Chair is the accountable authority of the Authority; and
9
(c) the following persons are officials of the Authority:
10
(i) the Chair;
11
(ii) the other members;
12
(iii) the staff of the Authority referred to in section 21;
13
(iv) consultants engaged under section 22; and
14
(d) the purposes of the Authority include the functions of the
15
Authority referred to in section 9.
16
8 Membership
17
The Authority consists of 11 members.
18
9 Functions and powers
19
(1) The Authority has the following functions:
20
(a) to engage in land use planning in relation to the HSR
21
corridor;
22
(b) to provide direction for efficient development and
23
construction of the HSR system;
24
(c) to consider specific measures aimed at preventing,
25
controlling or reducing the environmental impact associated
26
with the HSR system;
27
High Speed Rail Planning Authority Part 2
Establishment and functions Division 1
Section 10
No. , 2016
High Speed Rail Planning Authority Bill 2016
5
(d) to ensure that the HSR system will provide safe, regular,
1
efficient and cost-effective rail transport;
2
(e) to consult with interested bodies and the public generally on
3
matters relating to the HSR corridor and HSR system.
4
(2) The Authority has power to do all things necessary and convenient
5
to be done for or in connection with the performance of its
6
functions.
7
10 Authority has the privileges and immunities of the Crown
8
The Authority has the privileges and immunities of the Crown.
9
Part 2 High Speed Rail Planning Authority
Division 2 Appointment of members
Section 11
6
High Speed Rail Planning Authority Bill 2016
No. , 2016
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
(a) during a vacancy in the office of Chair, whether or not an
29
appointment has previously been made to the office; or
30
High Speed Rail Planning Authority Part 2
Appointment of members Division 2
Section 13
No. , 2016
High Speed Rail Planning Authority Bill 2016
7
(b) during any period, or during all periods, when the Chair is
1
absent from duty or from Australia, or is, for any reason,
2
unable to perform the duties of the office.
3
Note:
For rules that apply to acting appointments, see sections 33AB and
4
33A of the Acts Interpretation Act 1901.
5
(2) The Minister may appoint a person to act as a member:
6
(a) during a vacancy in the office of a member, whether or not an
7
appointment has previously been made to the office; or
8
(b) during any period, or during all periods, when a member is
9
absent from duty or from Australia, or is, for any reason,
10
unable to perform the duties of the office.
11
Note:
For rules that apply to acting appointments, see sections 33AB and
12
33A of the Acts Interpretation Act 1901.
13
Part 2 High Speed Rail Planning Authority
Division 3 Terms and conditions of appointment
Section 14
8
High Speed Rail Planning Authority Bill 2016
No. , 2016
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 work that, in the Minister's
17
opinion, conflicts or may conflict with the proper performance of
18
his or her duties.
19
17 Disclosure of interests
20
(1) A member who has a material personal interest that relates to the
21
affairs of the Authority must disclose that interest, in writing, to the
22
Minister.
23
(2) The disclosure must include details of:
24
(a) the nature and extent of the interest; and
25
(b) how the interest relates to the affairs of the Authority.
26
(3) The member must make the disclosure:
27
High Speed Rail Planning Authority Part 2
Terms and conditions of appointment Division 3
Section 18
No. , 2016
High Speed Rail Planning Authority Bill 2016
9
(a) as soon as practicable after the member becomes aware of the
1
interest; and
2
(b) if there is a change in the nature or extent of the interest after
3
the member has disclosed the interest under this section--as
4
soon as practicable after the member becomes aware of that
5
change.
6
(4) Subsections (1) to (3) apply in addition to any rules made for the
7
purposes of section 29 of the Public Governance, Performance and
8
Accountability Act 2013.
9
(5) For the purposes of this Act and the Public Governance,
10
Performance and Accountability Act 2013, the member is taken not
11
to have complied with section 29 of that Act if the member does
12
not comply with subsections (1), (2) and (3) of this section.
13
18 Other terms and conditions
14
A member holds office on the terms and conditions (if any) in
15
relation to matters not covered by this Act that are determined by
16
the Minister.
17
19 Resignation
18
(1) A member may resign his or her appointment by giving the
19
Minister a written resignation.
20
(2) The resignation takes effect on the day it is received by the
21
Minister or, if a later day is specified in the resignation, on that
22
later day.
23
20 Termination of appointment
24
The Minister may terminate the appointment of a member:
25
(a) for misbehaviour; or
26
(b) if the member is unable to perform the duties of his or her
27
office because of physical or mental incapacity; or
28
(c) if the member:
29
(i) becomes bankrupt; or
30
Part 2 High Speed Rail Planning Authority
Division 3 Terms and conditions of appointment
Section 20
10
High Speed Rail Planning Authority Bill 2016
No. , 2016
(ii) takes steps to take the benefit of any law for the relief of
1
bankrupt or insolvent debtors; or
2
(iii) compounds with one or more of his or her creditors; or
3
(iv) makes an assignment of his or her remuneration for the
4
benefit of one or more of his or her creditors; or
5
(d) if the member is absent, except on leave of absence, from 3
6
consecutive meetings of the Authority; or
7
(e) if the member engages in paid work that, in the Minister's
8
opinion, conflicts or may conflict with the proper
9
performance of the member's duties (see section 16); or
10
(f) if the member fails, without reasonable excuse, to comply
11
with section 29 of the Public Governance, Performance and
12
Accountability Act 2013 (which deals with the duty to
13
disclose interests) or rules made for the purposes of that
14
section.
15
High Speed Rail Planning Authority Part 2
Staff and consultants Division 4
Section 21
No. , 2016
High Speed Rail Planning Authority Bill 2016
11
Division 4--Staff and consultants
1
21 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
22 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 23
12
High Speed Rail Planning Authority Bill 2016
No. , 2016
Part 3--Meetings of the High Speed Rail Planning
1
Authority
2
3
23 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
24 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
25 Quorum
22
(1) At a meeting of the Authority, a quorum is constituted by a
23
majority of members.
24
(2) However, if:
25
(a) rules made for the purposes of section 29 of the Public
26
Governance, Performance and Accountability Act 2013
27
(which deals with the duty to disclose interests) prevent a
28
Meetings of the High Speed Rail Planning Authority Part 3
Section 26
No. , 2016
High Speed Rail Planning Authority Bill 2016
13
member from being present during any consideration of a
1
matter at a meeting of the Authority; and
2
(b) when the member leaves the meeting concerned there is no
3
longer a quorum;
4
the remaining members at the meeting constitute a quorum for the
5
purpose of any consideration or decision at the meeting with
6
respect to that matter.
7
26 Voting at meetings
8
(1) A question arising at a meeting is to be determined by a majority of
9
the votes of the members present and voting.
10
(2) The person presiding at the meeting has a deliberative vote and, in
11
the event of an equality of votes, a casting vote.
12
27 Conduct of meetings
13
Subject to this Part, the Authority may regulate proceedings at its
14
meetings as it considers appropriate.
15
28 Minutes
16
The Authority must keep minutes of its meetings.
17
Part 4 Miscellaneous
Section 29
14
High Speed Rail Planning Authority Bill 2016
No. , 2016
Part 4--Miscellaneous
1
2
29 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