Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
HIGH SPEED RAIL PLANNING AUTHORITY BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Farrell)
HIGH SPEED RAIL PLANNING AUTHORITY BILL 2017
OUTLINE
The Bill establishes an Authority to advise on, plan and develop high speed rail on the east coast of
Australia. The Authority will ensure that the high speed rail (HSR) corridor is preserved so that
provision can be made for regular, efficient and cost effective rail transport on the east coast of
Australia.
The HSR Authority provides direction for efficient development and construction of the HSR
system by considering specific measures aimed at preventing, controlling or reducing the
environmental impact associated with the HSR system. Consultation with interested bodies and the
public generally on matters relating to the HSR corridor and HSR system with is a responsibility of
the Authority.
FINANCIAL IMPACT
The Bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short title
1. Clause 1 sets the title of the Act.
Clause 2: Commencement
2. Clause 2 states that the Act commences the day after the day the Consolidated Revenue
Fund is appropriated for payment to the Authority.
Clause 3: Objects
3. Clause 3 lists the objects of the Bill which is to establish an Authority to advise on, plan and
develop HSR and to ensure the HSR corridor is reserved.
Clause 4: Simplified outline
4. This Act establishes the High Speed Rail Planning Authority. The Authority has functions
pertaining to the planning and development of the HSR system.
Clause 5: Definitions
5. Clause 5 lists definitions that appear in the Act.
Clause 6: Crown to be bound
6. Provides that the Crown is bound in each of its capacities.
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Clause 7: Establishment
7. This clause establishes the Authority and its governance under finance law.
Clause 8: Membership
8. Clause 8 provides that the Authority will have 11 members.
Clause 9: Functions and Powers
9. Clause 9 lists the functions and powers of the Authority - including land use planning,
efficient development, reducing environmental impacts, ensuring efficient and cost-effective rail
transport, and to consult with interested bodies and the public on high-speed rail matters. The
Authority is empowered to do all things necessary to perform its functions.
Clause 10: Authority has the privileges and immunities of the Crown
10. This clause provides that the Authority has the privileges and immunities of the Crown.
Clause 11: Appointment of members
11. Clause 11 provides for the membership of the Authority which is appointed by the Minister
by writing. Membership is on a part time basis. Five members will be appointed by the Minister
(one of which will be nominated as Chair) who are considered to have appropriate qualifications,
knowledge, skills or experience. The Governments of NSW, Victoria, Queensland and the ACT will
nominate one member each. One member will be nominated by the Australian Local Government
Association and one appointed by the Australasian Railway Association.
Clause 12: Term of appointment
12. This clause provides for three year terms of appointment.
Clause 13: Acting appointments
13. Clause 13 provides for acting appointments to the Authority for the Chair and general
members during vacancies; absence from duty or Australia; or if they are unable to perform the
duties of their office.
Division 3 (clauses 14-21): Terms and conditions of appointment
14. These clauses list standard terms and conditions of the appointment of Authority members,
including remuneration and allowances, leave of absence, outside employment, disclosure of
interests, resignation and termination.
Division 4 (clauses 22-23): Staff and consultants
15. These clauses set out the basis under which staff and consultants can be engaged.
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Part 3 (clauses 24-29): Meetings of the High Speed Rail Planning Authority
16. These clauses set out the rules for the conduct of meetings of the Authority, including
how meetings can be called, convened, presided upon, quorum, voting, conduct and the keeping of
minutes.
Part 4 (clause 30 - 31): Reports and information
17. These clauses provide that the Authority will be required to prepare reports, and the
Minister may require the Authority to prepare reports and request information pertaining to the
Authority and its work.
Part 5 clause 32: Miscellaneous
18. The Minister may, by legislative instrument, make the rules prescribing matters required or
permitted by this Act or convenient to be prescribed for carrying out or giving effect to this Act.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
High Speed Rail Planning Authority Bill 2017
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
The Bill establishes an Authority to continue work towards establishing high speed rail on the east
coast of Australia.
Human rights implications
Nil
Conclusion
This Bill is compatible with human rights because it does not raise any human rights issues.
Senator Farrell
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