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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
High Speed Rail Planning Authority Bill
2017
No. , 2017
(Senator Farrell)
A Bill for an Act to establish the High Speed Rail
Planning Authority, and for related purposes
No. , 2017
High Speed Rail Planning Authority Bill 2017
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Simplified outline .............................................................................. 2
5
Definitions ......................................................................................... 3
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 ............... 4
Division 2--Appointment of members
5
11
Appointment of members .................................................................. 5
12
Term of appointment ......................................................................... 5
13
Acting appointments .......................................................................... 5
Division 3--Terms and conditions of appointment
7
14
Remuneration and allowances ........................................................... 7
15
Leave of absence ............................................................................... 7
16
Outside employment .......................................................................... 7
17
Disclosure of interests ....................................................................... 7
18
Disclosure of interests to the Authority ............................................. 8
19
Other terms and conditions ................................................................ 8
20
Resignation ........................................................................................ 8
21
Termination of appointment .............................................................. 9
Division 4--Staff and consultants
10
22
Staff ................................................................................................. 10
23
Consultants ...................................................................................... 10
Part 3--Meetings of the High Speed Rail Planning Authority
11
24
Convening meetings ........................................................................ 11
25
Presiding at meetings ....................................................................... 11
26
Quorum............................................................................................ 11
27
Voting at meetings ........................................................................... 12
28
Conduct of meetings ........................................................................ 12
ii
High Speed Rail Planning Authority Bill 2017
No. , 2017
29
Minutes ............................................................................................ 12
Part 4--Reports and information
13
30
Minister may require Authority to prepare reports or give
information ...................................................................................... 13
Part 5--Miscellaneous
14
31
Rules ................................................................................................ 14
No. , 2017
High Speed Rail Planning Authority Bill 2017
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 2017.
8
Part 1 Preliminary
Section 2
2
High Speed Rail Planning Authority Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the day on which the
Consolidated Revenue Fund is appropriated
under an Act for payment to the Authority.
The Minister administering this Act must
announce, by notifiable instrument, the day
on which the Consolidated Revenue Fund is
thus appropriated.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects
13
The objects of this Act are:
14
(a) to establish an Authority to advise on, plan and develop the
15
HSR system; and
16
(b) to ensure that the HSR corridor is preserved so that provision
17
can be made for regular, efficient and cost-effective rail
18
transport on the east coast of Australia.
19
4 Simplified outline
20
The following is a simplified outline of this Act:
21
Preliminary Part 1
Section 5
No. , 2017
High Speed Rail Planning Authority Bill 2017
3
This Act establishes the High Speed Rail Planning Authority. The
1
Authority has functions relating to the planning and development
2
of the HSR system.
3
5 Definitions
4
In this Act:
5
Australian Local Government Association means the Australian
6
Local Government Association Limited (ABN 31 008 613 876).
7
Authority means the High Speed Rail Planning Authority
8
established by section 7.
9
Chair means the Chair of the Authority.
10
HSR corridor (short for high speed rail corridor) means the area on
11
the east coast of Australia through which the HSR system will run.
12
HSR system (short for high speed rail system) means a dedicated
13
railway network that links major capital cities, and some regional
14
centres, on the east coast of Australia.
15
member means a member of the Authority, and includes the Chair.
16
6 Crown to be bound
17
This Act binds the Crown in each of its capacities.
18
Part 2 High Speed Rail Planning Authority
Division 1 Establishment and functions
Section 7
4
High Speed Rail Planning Authority Bill 2017
No. , 2017
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 Transport portfolio.
6
8 Membership
7
The Authority consists of 11 members.
8
9 Functions and powers
9
(1) The Authority has the following functions:
10
(a) to engage in land use planning in relation to the HSR
11
corridor;
12
(b) to provide direction for efficient development and
13
construction of the HSR system;
14
(c) to consider specific measures aimed at preventing,
15
controlling or reducing the environmental impact associated
16
with the HSR system;
17
(d) to ensure that the HSR system will provide safe, regular,
18
efficient and cost-effective rail transport;
19
(e) to consult with interested bodies and the public generally on
20
matters relating to the HSR corridor and HSR system.
21
(2) The Authority has power to do all things necessary and convenient
22
to be done for or in connection with the performance of its
23
functions.
24
10 Authority has the privileges and immunities of the Crown
25
The Authority has the privileges and immunities of the Crown.
26
High Speed Rail Planning Authority Part 2
Appointment of members Division 2
Section 11
No. , 2017
High Speed Rail Planning Authority Bill 2017
5
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 have 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
Part 2 High Speed Rail Planning Authority
Division 2 Appointment of members
Section 13
6
High Speed Rail Planning Authority Bill 2017
No. , 2017
(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
High Speed Rail Planning Authority Part 2
Terms and conditions of appointment Division 3
Section 14
No. , 2017
High Speed Rail Planning Authority Bill 2017
7
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
Part 2 High Speed Rail Planning Authority
Division 3 Terms and conditions of appointment
Section 18
8
High Speed Rail Planning Authority Bill 2017
No. , 2017
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
High Speed Rail Planning Authority Part 2
Terms and conditions of appointment Division 3
Section 21
No. , 2017
High Speed Rail Planning Authority Bill 2017
9
(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
Part 2 High Speed Rail Planning Authority
Division 4 Staff and consultants
Section 22
10
High Speed Rail Planning Authority Bill 2017
No. , 2017
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
Meetings of the High Speed Rail Planning Authority Part 3
Section 24
No. , 2017
High Speed Rail Planning Authority Bill 2017
11
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
Part 3 Meetings of the High Speed Rail Planning Authority
Section 27
12
High Speed Rail Planning Authority Bill 2017
No. , 2017
(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
Reports and information Part 4
Section 30
No. , 2017
High Speed Rail Planning Authority Bill 2017
13
Part 4--Reports and information
1
2
30 Minister may require Authority to prepare reports or give
3
information
4
Reports
5
(1) The Minister may, by written notice given to the Authority, require
6
the Authority to:
7
(a) prepare a report about one or more specified matters relating
8
to the performance of the Authority's functions; and
9
(b) give a copy of the report to the Minister within the period
10
specified in the notice.
11
Information
12
(2) The Minister may, by written notice given to the Authority, require
13
the Authority to:
14
(a) prepare a document setting out specified information relating
15
to the performance of the Authority's functions; and
16
(b) give a copy of the document to the Minister within the period
17
specified in the notice.
18
Compliance
19
(3) The Authority must comply with a requirement under
20
subsection (1) or (2).
21
Part 5 Miscellaneous
Section 31
14
High Speed Rail Planning Authority Bill 2017
No. , 2017
Part 5--Miscellaneous
1
2
31 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