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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
Infrastructure Australia Amendment Bill
2013
No. , 2013
(Infrastructure and Regional Development)
A Bill for an Act to amend the Infrastructure
Australia Act 2008, and for other purposes
No. , 2013
Infrastructure Australia Amendment Bill 2013
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Amendments relating to Infrastructure Australia and
the Infrastructure Coordinator
3
Infrastructure Australia Act 2008
3
Part 2--Consequential amendments
21
Income Tax Assessment Act 1997
21
Schedule 2--Transitional and savings provisions
28
Part 1--Introduction
28
Part 2--Transfer of certain assets and liabilities
30
Part 3--Transfer of other matters
32
Part 4--Infrastructure Australia Special Account
34
Part 5--Reporting obligation
35
Part 6--Officeholders
36
Part 7--Provisions relating to Division 415 of the Income Tax
Assessment Act 1997
37
Part 8--Miscellaneous
39
No. , 2013
Infrastructure Australia Amendment Bill 2013
1
A Bill for an Act to amend the Infrastructure
1
Australia Act 2008, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Infrastructure Australia Amendment
5
Act 2013.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Infrastructure Australia Amendment Bill 2013
No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) 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.
3. Schedule 2,
Part 1
The day this Act receives the Royal Assent.
4. Schedule 2,
Parts 2 to 4
At the same time as the provision(s) covered
by table item 2.
5. Schedule 2,
Part 5
The day this Act receives the Royal Assent.
6. Schedule 2,
Parts 6 to 8
At the same time as the provision(s) covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
3
Schedule 1
--
Amendments
1
Part 1
--
Amendments relating to Infrastructure
2
Australia and the Infrastructure Coordinator
3
Infrastructure Australia Act 2008
4
1 Title
5
Omit "and the Infrastructure Coordinator".
6
2 Section 3
7
Insert:
8
Board means the Board of Infrastructure Australia established by
9
section 6D.
10
CEO means the Chief Executive Officer of Infrastructure Australia
11
appointed under section 29.
12
3 Section 3 (definition of Chair)
13
Omit "Infrastructure Australia", substitute "the Board".
14
4 Section 3
15
Insert:
16
Finance Minister means the Minister who administers the
17
Financial Management and Accountability Act 1997.
18
5 Section 3 (definition of Infrastructure Coordinator)
19
Repeal the definition.
20
6 Section 3 (definition of member)
21
Omit "Infrastructure Australia", substitute "the Board".
22
7 Division 1 of Part 2 (heading)
23
Repeal the heading.
24
8 Sections 4 and 5
25
Repeal the sections, substitute:
26
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
4
Infrastructure Australia Amendment Bill 2013
No. , 2013
4 Establishment
1
(1) Infrastructure Australia is established by this section.
2
(2) Infrastructure Australia:
3
(a) is a body corporate; and
4
(b) must have a seal; and
5
(c) may acquire, hold and dispose of real and personal property;
6
and
7
(d) may sue and be sued.
8
Note:
The Commonwealth Authorities and Companies Act 1997 applies to
9
Infrastructure Australia. That Act deals with matters relating to
10
Commonwealth authorities, including reporting and accountability,
11
banking and investment, and conduct of executive officers.
12
(3) Infrastructure Australia's seal is to be kept in such custody as the
13
Board directs and must not be used except as authorised by the
14
Board.
15
(4) All courts, judges and persons acting judicially must:
16
(a) take judicial notice of the imprint of the seal of Infrastructure
17
Australia appearing on a document; and
18
(b) presume that the document was duly sealed.
19
5 Functions--general
20
Infrastructure Australia has the following functions:
21
(a) to conduct audits to determine the adequacy, capacity and
22
condition of nationally significant infrastructure, taking into
23
account forecast growth;
24
(b) to develop lists (to be known as Infrastructure Priority Lists),
25
based on audits conducted under paragraph (a) and any
26
additional research by Infrastructure Australia, that prioritise
27
Australia's infrastructure needs;
28
(c) to evaluate infrastructure proposals in accordance with
29
section 5A;
30
(d) to develop plans (to be known as Infrastructure Plans) in
31
accordance with section 5B;
32
(e) to provide advice on infrastructure matters in accordance
33
with section 5C;
34
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
5
(f) to identify any impediments to investment in nationally
1
significant infrastructure and identify strategies to remove
2
any impediments identified;
3
(g) to promote investment in infrastructure;
4
(h) to undertake or commission research relating to Infrastructure
5
Australia's other functions;
6
(i) any other functions conferred on Infrastructure Australia by
7
or under this Act or any other law.
8
5A Functions--evaluating infrastructure proposals
9
(1) For the purposes of paragraph 5(c), Infrastructure Australia has the
10
function of evaluating proposals for investment in, or
11
enhancements to:
12
(a) nationally significant infrastructure; and
13
(b) other infrastructure determined by the Minister.
14
(2) However, Infrastructure Australia must not evaluate a proposal
15
under subsection (1) if the proposal is in a class of proposals
16
determined by the Minister.
17
(3) A determination made by the Minister under paragraph (1)(b) or
18
subsection (2) is a legislative instrument.
19
5B Functions--developing Infrastructure Plans
20
(1) For the purposes of paragraph 5(d), Infrastructure Australia has the
21
function of developing plans, to be given to the Minister, that:
22
(a) specify priorities for nationally significant infrastructure for
23
Commonwealth, State, Territory and local governments for
24
the period covered by the plan (see subsection (2)); and
25
(b) specify the following for proposals relating to those priorities
26
during that period:
27
(i) productivity gains that may be anticipated from each
28
proposal;
29
(ii) any complementary infrastructure required to maximise
30
productivity gains from the proposals;
31
(iii) timeframes for delivering the proposals; and
32
(c) take into account:
33
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
6
Infrastructure Australia Amendment Bill 2013
No. , 2013
(i) the audits, lists and evaluations mentioned in paragraphs
1
5(a), (b) and (c); and
2
(ii) consultations with Commonwealth, State, Territory and
3
local governments; and
4
(iii) any other matters Infrastructure Australia considers
5
relevant.
6
(2) A plan must cover a period of 15 years from the time the plan is
7
prepared, or such other period of time as the Minister determines,
8
by legislative instrument, for the purposes of this subsection.
9
(3) A plan must be prepared under this section every 5 years, or at
10
such other intervals as the Minister determines, by legislative
11
instrument, for the purposes of this subsection.
12
5C Functions--providing advice on infrastructure matters
13
For the purposes of paragraph 5(e), Infrastructure Australia has the
14
function of providing advice to the Minister, Commonwealth,
15
State, Territory and local governments, investors in infrastructure
16
and owners of infrastructure on matters relating to infrastructure,
17
including in relation to the following:
18
(a) Australia's current and future needs and priorities relating to
19
nationally significant infrastructure;
20
(b) policy, pricing and regulatory issues that may impact on the
21
utilisation of infrastructure;
22
(c) impediments to the efficient utilisation of national
23
infrastructure networks;
24
(d) options and reforms, including regulatory reforms, to make
25
the utilisation of national infrastructure networks more
26
efficient;
27
(e) the needs of users of infrastructure;
28
(f) mechanisms for financing investment in infrastructure.
29
5D Functions only performed when directed by the Minister
30
(1) Infrastructure Australia has the following functions which it must
31
only perform when directed by the Minister, in writing, to do so:
32
(a) to review and provide advice on proposals to facilitate the
33
harmonisation of policies, and laws, relating to development
34
of, and investment in, infrastructure;
35
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
7
(b) to publish the following material:
1
(i) evaluations conducted under section 5A;
2
(ii) evidence relied on in preparing, and reasons for any
3
opinion or conclusion contained in, the audits, lists,
4
evaluations, plans and advice mentioned in paragraphs
5
5(a) to (e);
6
(c) any other functions that the Minister directs Infrastructure
7
Australia to perform.
8
(2) For the purposes of paragraph (1)(b):
9
(a) the material is to be published on Infrastructure Australia's
10
website, or in such other ways as are specified in the
11
direction; and
12
(b) Infrastructure Australia must omit any information that
13
Infrastructure Australia is satisfied is
14
commercial-in-confidence from the material it publishes
15
under that paragraph.
16
(3) A direction made under subsection (1) is not a legislative
17
instrument.
18
9 Subsections 6(3) and (4)
19
Repeal the subsections, substitute:
20
(3) Without limiting subsection (1), a direction may do any or all of
21
the following:
22
(a) specify a time by which Infrastructure Australia must
23
perform a particular function;
24
(b) specify a time by which Infrastructure Australia must comply
25
with the direction;
26
(c) require Infrastructure Australia to perform a function in
27
accordance with any requirements that are specified in the
28
direction, including requirements relating to:
29
(i) the scope of any audit, list, evaluation, plan or advice to
30
be provided by Infrastructure Australia; and
31
(ii) any matters that Infrastructure Australia must or must
32
not consider in performing the function; and
33
(iii) the manner in which Infrastructure Australia is to
34
perform the function.
35
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
8
Infrastructure Australia Amendment Bill 2013
No. , 2013
(4) However, the Minister must not give directions about the content
1
of any audit, list, evaluation, plan or advice to be provided by
2
Infrastructure Australia.
3
10 After section 6
4
Insert:
5
6A Powers
6
(1) Infrastructure Australia has power to do all things necessary or
7
convenient to be done for or in connection with the performance of
8
its functions.
9
(2) Infrastructure Australia's powers include, but are not limited to, the
10
following powers:
11
(a) the power to enter into contracts and agreements;
12
(b) the power to occupy, use and control any land or building
13
owned or held under lease by the Commonwealth and made
14
available for the purposes of Infrastructure Australia;
15
(c) the power to acquire, hold and dispose of real or personal
16
property;
17
(d) the power to negotiate and cooperate with other
18
Commonwealth bodies and with State, Territory and local
19
government bodies;
20
(e) the power to do anything incidental to any of its powers.
21
6B Consultation
22
Infrastructure Australia must, in performing its functions and
23
exercising its powers, consult with such of the following as it
24
considers appropriate:
25
(a) government, commercial, industrial, consumer and other
26
relevant bodies and organisations;
27
(b) investors in infrastructure and owners of infrastructure.
28
6C Infrastructure Australia does not have privileges and immunities
29
of the Crown
30
Infrastructure Australia does not have the privileges and
31
immunities of the Crown in right of the Commonwealth.
32
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
9
11 At the end of Division 1 of Part 2
1
Add:
2
Part 2A--Board of Infrastructure Australia
3
Division 1--Establishment and functions of the Board
4
6D Establishment
5
There is to be a Board of Infrastructure Australia.
6
6E Functions
7
(1) The functions of the Board are:
8
(a) to decide the objectives, strategies and policies to be
9
followed by Infrastructure Australia; and
10
(b) to ensure the proper, efficient and effective performance of
11
the Infrastructure Australia's functions; and
12
(c) any other functions conferred on the Board by this Act.
13
(2) The Board has the power to do all things necessary or convenient
14
to be done for or in connection with the performance of its
15
functions.
16
(3) Anything done in the name of, or on behalf of, Infrastructure
17
Australia by the Board, or with the authority of the Board, is taken
18
to have been done by Infrastructure Australia.
19
(4) If a function or power of Infrastructure Australia is dependent on
20
the opinion, belief or state of mind of Infrastructure Australia in
21
relation to a matter, the function or power may be exercised upon
22
the opinion, belief or state of mind of a person or body acting as
23
mentioned in subsection (3) in relation to that matter.
24
12 Division 2 of Part 2
25
Repeal the heading, substitute:
26
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
10
Infrastructure Australia Amendment Bill 2013
No. , 2013
Division 2--Constitution and membership of the Board
1
13 Section 7
2
Repeal the section, substitute:
3
7 Constitution of the Board
4
Infrastructure Australia consists of:
5
(a) the Chair; and
6
(b) 11 other members.
7
Note:
Section 18B of the Acts Interpretation Act 1901 deals with the title of
8
the Chair.
9
14 Sections 13 and 14
10
Repeal the sections.
11
15 Subsections 18(1) and (2)
12
Repeal the subsections, substitute:
13
All members
14
(1) The Minister may terminate the appointment of a member:
15
(a) for misbehaviour; or
16
(b) if the member is unable to perform the duties of his or her
17
office because of physical or mental incapacity.
18
(2) The Minister may terminate the appointment of a member if:
19
(a) the member:
20
(i) becomes bankrupt; or
21
(ii) takes steps to take the benefit of any law for the relief of
22
bankrupt or insolvent debtors; or
23
(iii) compounds with one or more of his or her creditors; or
24
(iv) makes an assignment of his or her remuneration for the
25
benefit of one or more of his or her creditors; or
26
(b) the member fails, without reasonable excuse, to comply with
27
an obligation imposed on him or her by section 27F or 27J of
28
the Commonwealth Authorities and Companies Act 1997
29
(disclosure of interests).
30
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
11
16 Division 3 of Part 2 (heading)
1
Repeal the heading, substitute:
2
Division 3--Meetings of the Board
3
17 Subsection 19(1)
4
Omit "Infrastructure Australia", substitute "The Board".
5
18 Subsections 19(2) and 21(1)
6
Omit "Infrastructure Australia", substitute "the Board".
7
19 Paragraph 21(2)(a)
8
Repeal the paragraph, substitute:
9
(a) a member is required by section 27J of the Commonwealth
10
Authorities and Companies Act 1997 not to be present during
11
the deliberations, or to take part in any decision, of the Board
12
with respect to a particular matter; and
13
20 Sections 23 and 24
14
Omit "Infrastructure Australia", substitute "The Board".
15
21 Subsection 25(1)
16
Omit "Infrastructure Australia" (first occurring), substitute "The
17
Board".
18
22 Paragraph 25(1)(b)
19
Omit "Infrastructure Australia", substitute "the Board".
20
23 Subsections 25(2) and (3)
21
Omit "Infrastructure Australia", substitute "the Board".
22
24 Subsection 25(4)
23
Omit "Infrastructure Australia", substitute "The Board".
24
25 Division 4 of Part 2
25
Repeal the Division.
26
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
12
Infrastructure Australia Amendment Bill 2013
No. , 2013
26 Part 3 (heading)
1
Repeal the heading, substitute:
2
Part 3--Chief Executive Officer, staff and
3
consultants
4
27 Division 1 of Part 3
5
Repeal the Division, substitute:
6
Division 1--Chief Executive Officer of Infrastructure
7
Australia
8
27 Establishment
9
There is to be a Chief Executive Officer of Infrastructure Australia.
10
28 Role
11
(1) The CEO is responsible for the day-to-day administration of
12
Infrastructure Australia.
13
(2) The CEO has any functions conferred on the CEO by or under this
14
Act or any other law.
15
(3) The CEO has power to do all things necessary or convenient to be
16
done for or in connection with the performance of his or her duties.
17
28A CEO to act in accordance with policies and directions of Board
18
(1) The CEO is to act in accordance with policies determined by the
19
Board.
20
(2) The Board may give written directions to the CEO about the
21
performance of the CEO's responsibilities.
22
(3) The CEO must comply with a direction under subsection (2).
23
(4) Subsection (3) does not apply to the extent that the direction relates
24
to the CEO's performance of functions or exercise of powers under
25
the Public Service Act 1999.
26
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
13
(5) A direction under subsection (2) is not a legislative instrument.
1
28 Division 2 of Part 3 (heading)
2
Repeal the heading.
3
29 Subsection 29(1)
4
Repeal the subsection, substitute:
5
(1) The CEO is to be appointed by the Board by written instrument.
6
30 Subsection 29(2)
7
Omit "Infrastructure Coordinator", substitute "CEO".
8
31 Section 30
9
Omit "Infrastructure Coordinator" (wherever occurring), substitute
10
"CEO".
11
32 Section 31 (heading)
12
Repeal the heading, substitute:
13
31 Acting CEO
14
33 Section 31
15
Omit "Minister", substitute "Board".
16
34 Sections 31 and 32
17
Omit "Infrastructure Coordinator" (wherever occurring), substitute
18
"CEO".
19
35 Subsection 33(1)
20
Omit "Infrastructure Coordinator", substitute "CEO".
21
36 Subsection 33(2)
22
Repeal the subsection, substitute:
23
(2) The Chair may grant the CEO leave of absence, other than
24
recreation leave, on the terms and conditions as to remuneration or
25
otherwise that the Chair determines.
26
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
14
Infrastructure Australia Amendment Bill 2013
No. , 2013
37 Sections 34 to 38
1
Repeal the sections, substitute:
2
34 Disclosure of interests to the Board
3
The CEO must give written notice to the Board of all interests,
4
pecuniary or otherwise, that the CEO has or acquires and that
5
conflict or could conflict with the proper performance of the
6
CEO's functions and responsibilities.
7
35 Outside employment
8
The CEO must not engage in paid employment outside the duties
9
of his or her office without the Chair's approval.
10
36 Other terms and conditions
11
The CEO holds office on the terms and conditions (if any) in
12
relation to matters not covered by this Act that are determined by
13
the Board.
14
37 Resignation
15
(1) The CEO may resign his or her appointment by giving the Chair a
16
written resignation.
17
(2) The resignation takes effect on the day it is received by the Chair
18
or, if a later day is specified in the resignation, on that later day.
19
38 Termination of appointment
20
The Board may terminate the appointment of the CEO at any time,
21
by instrument in writing.
22
38 Division 3 of Part 3
23
Repeal the Division, substitute:
24
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
15
Division 2--Staff and consultants
1
39 Staff of Infrastructure Australia
2
(1) Infrastructure Australia may do either or both of the following:
3
(a) engage persons under the Public Service Act 1999;
4
(b) employ under written agreements such persons as
5
Infrastructure Australia thinks necessary for the performance
6
or exercise of any of its functions or powers.
7
(2) For the purposes of the Public Service Act 1999:
8
(a) the CEO and the APS employees referred to in
9
paragraph (1)(a) together constitute a Statutory Agency; and
10
(b) the CEO is the Head of that Statutory Agency.
11
(3) The terms and conditions of employment of persons employed
12
under paragraph (1)(b) are such as the CEO determines from time
13
to time.
14
39A Staff seconded to Infrastructure Australia
15
(1) Infrastructure Australia may be assisted by:
16
(a) persons engaged under the Public Service Act 1999, and
17
officers and employees of authorities of the Commonwealth,
18
whose services are made available to Infrastructure Australia
19
in connection with the performance of its functions or the
20
exercise of its powers; and
21
(b) persons whose services are so made available under
22
arrangements made under subsection (2).
23
(2) Infrastructure Australia may make with the appropriate authority or
24
officer of a State or Territory an arrangement under which the State
25
or Territory may make officers or employees available to
26
Infrastructure Australia to perform services in connection with the
27
performance of its functions or the exercise of its powers.
28
39AA Consultants
29
Infrastructure Australia may engage consultants to assist in the
30
performance of its functions.
31
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
16
Infrastructure Australia Amendment Bill 2013
No. , 2013
39 After Part 3
1
Insert:
2
Part 3A--Planning and reporting
3
4
39B Corporate plan
5
(1) Infrastructure Australia must prepare a corporate plan at least once
6
each financial year and give it to the Minister.
7
(2) The plan must cover a period of 3 financial years.
8
(3) The plan must include details of the following matters:
9
(a) a statement of the objectives that Infrastructure Australia will
10
pursue;
11
(b) the strategies and policies that Infrastructure Australia will
12
adopt to achieve those objectives;
13
(c) performance indicators for the assessment of Infrastructure
14
Australia's performance of its functions;
15
(d) such other matters (if any) as the Minister directs.
16
(4) If a direction under paragraph (3)(d) is in writing, the direction is
17
not a legislative instrument.
18
(5) The Board may vary the plan.
19
Consultation requirements
20
(6) In preparing the plan, or a variation of the plan, Infrastructure
21
Australia must consult with:
22
(a) the Minister; and
23
(b) such of the following as it considers appropriate:
24
(i) government, commercial, industrial, consumer and other
25
relevant bodies and organisations;
26
(ii) investors in infrastructure and owners of infrastructure.
27
Endorsement by Minister
28
(7) The plan, or a variation of the plan, does not take effect unless it
29
has been endorsed by the Minister.
30
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
17
(8) If an endorsement under subsection (6) is in writing, the
1
endorsement is not a legislative instrument.
2
39C Additional content for annual report
3
The annual report for Infrastructure Australia prepared under
4
section 9 of the Commonwealth Authorities and Companies Act
5
1997 for a year must also include:
6
(a) details of any directions given to it by the Minister under
7
paragraph 5D(1)(c) or subsection 6(1) during the year; and
8
(b) an assessment of the extent to which Infrastructure
9
Australia's operations during the year have contributed to the
10
objectives set out in the corporate plan applicable for the
11
year; and
12
(c) an evaluation of Infrastructure Australia's overall
13
performance during the year against the performance
14
indicators set out in the corporate plan for the year.
15
Part 3B--Finance
16
17
39D Money payable to Infrastructure Australia
18
(1) There is payable to Infrastructure Australia such money as is
19
appropriated by the Parliament for the purposes of Infrastructure
20
Australia.
21
(2) The Finance Minister may give directions about the amounts in
22
which, and the times at which, money payable under subsection (1)
23
is to be paid to Infrastructure Australia.
24
(3) If a direction under subsection (2) is given in writing, the direction
25
is not a legislative instrument.
26
39DA Application of money by Infrastructure Australia
27
(1) The money of Infrastructure Australia is to be applied only:
28
(a) in payment or discharge of the costs, expenses and other
29
obligations incurred or undertaken by Infrastructure Australia
30
in the performance of its functions and the exercise of its
31
powers; and
32
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
18
Infrastructure Australia Amendment Bill 2013
No. , 2013
(b) in payment of any remuneration or allowances payable under
1
this Act.
2
(2) Subsection (1) does not prevent investment of surplus money of
3
Infrastructure Australia under section 18 of the Commonwealth
4
Authorities and Companies Act 1997.
5
39DB Restrictions on financial transactions
6
(1) Infrastructure Australia must not, without the written approval of
7
the Minister:
8
(a) acquire any property, right or privilege for a consideration
9
exceeding in amount or value the amount prescribed by the
10
regulations for the purposes of this paragraph; or
11
(b) dispose of any property, right or privilege if the amount or
12
value of the consideration for the disposal, or the value of the
13
property, right or privilege, exceeds the amount prescribed by
14
the regulations for the purposes of this paragraph; or
15
(c) enter into a lease of land for a period exceeding 10 years.
16
(2) Paragraphs (1)(a) and (b) do not apply to the investment of money
17
by Infrastructure Australia under section 18 of the Commonwealth
18
Authorities and Companies Act 1997.
19
(3) Infrastructure Australia must not borrow money from any person.
20
(4) Nothing in subsection (3) affects Infrastructure Australia's ability
21
to obtain goods or services on credit in accordance with
22
section 28A of the Commonwealth Authorities and Companies Act
23
1997.
24
(5) An approval under subsection (1) is not a legislative instrument.
25
39DC Taxation
26
Infrastructure Australia is not subject to taxation under any law of
27
the Commonwealth or of a State or Territory.
28
Note:
Despite this section, Infrastructure Australia may be subject to
29
taxation under certain laws (see, for example, section 177-5 of the A
30
New Tax System (Goods and Services Tax) Act 1999 and section 66 of
31
the Fringe Benefits Tax Assessment Act 1986).
32
Amendments Schedule 1
Amendments relating to Infrastructure Australia and the Infrastructure Coordinator
Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
19
40 Section 40 (heading)
1
Repeal the heading, substitute:
2
40 Delegation by the Minister
3
41 Section 40
4
Omit "paragraph 5(2)(j), section 6, 8 or 18, paragraph 28(2)(a) or
5
section 29 or 38", substitute "paragraph 5D(1)(c) or section 6, 8 or 18".
6
42 After section 40
7
Insert:
8
40A Delegation by Infrastructure Australia
9
(1) Infrastructure Australia may, in writing under its seal, delegate any
10
or all of its powers or functions under this Act to:
11
(a) a member of the Board; or
12
(b) the CEO.
13
(2) In exercising any powers or performing any functions under the
14
delegation, the delegate must comply with any directions of
15
Infrastructure Australia.
16
40B Delegation by Board
17
(1) The Board may, in writing, delegate any or all of its powers or
18
functions under this Act to:
19
(a) a member of the Board; or
20
(b) the CEO.
21
(2) In exercising any powers or performing any functions under the
22
delegation, the delegate must comply with any directions of the
23
Board.
24
40C Delegation and subdelegation by CEO
25
(1) The CEO may, in writing, delegate any of the CEO's powers or
26
functions under this Act to a person mentioned in section 39 or
27
39A who:
28
(a) is an SES employee, or acting SES employee; or
29
Schedule 1 Amendments
Part 1 Amendments relating to Infrastructure Australia and the Infrastructure
Coordinator
20
Infrastructure Australia Amendment Bill 2013
No. , 2013
(b) holds, or is acting in, an Executive Level 2 position; or
1
(c) occupies an office or holds a position equivalent to that of an
2
SES employee or an Executive Level 2 position.
3
(2) If the Infrastructure Australia or the Board delegates a power or
4
function under subsection 40A(1) or 40B(1) to the CEO, the CEO
5
may, in writing, subdelegate the power or function to a person
6
mentioned in paragraph (1)(a), (b) or (c) of this section.
7
(3) In exercising any powers or performing any functions under the
8
delegation or subdelegation, the delegate or subdelegate must
9
comply with any directions of the CEO.
10
(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901
11
apply in relation to a subdelegation in a corresponding way to the
12
way in which they apply in relation to a delegation.
13
Amendments Schedule 1
Consequential amendments Part 2
No. , 2013
Infrastructure Australia Amendment Bill 2013
21
Part 2
--
Consequential amendments
1
Income Tax Assessment Act 1997
2
43 Section 415-1
3
Omit "Infrastructure Coordinator", substitute "responsible person".
4
44 Paragraph 415-15(3)(c)
5
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
6
45 Subsection 415-15(3) (note)
7
Omit "Infrastructure Coordinator" (wherever occurring), substitute
8
"responsible person".
9
46 Paragraph 415-20(2)(c) (note)
10
Omit "paragraph 5(2)(b)", substitute "paragraph 5(b)".
11
47 Section 415-50
12
Omit "Infrastructure Coordinator", substitute "responsible person".
13
48 Subsection 415-55(1)
14
Omit "Infrastructure Coordinator" (first occurring), substitute
15
"
*
responsible person".
16
49 Subsection 415-55(1)
17
Omit "Infrastructure Coordinator" (second occurring), substitute
18
"responsible person".
19
50 Subsection 415-55(1) (note)
20
Repeal the note.
21
51 Paragraph 415-55(4)(a)
22
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
23
52 At the end of section 415-55
24
Add:
25
Schedule 1 Amendments
Part 2 Consequential amendments
22
Infrastructure Australia Amendment Bill 2013
No. , 2013
(5) A fee prescribed as mentioned in paragraph (4)(b) is payable to the
1
*
responsible person, on behalf of the Commonwealth.
2
53 Subsection 415-60(1)
3
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
4
54 Paragraph 415-60(2)(a)
5
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
6
55 Paragraph 415-60(2)(b)
7
Omit "Infrastructure Coordinator" (wherever occurring), substitute
8
"responsible person".
9
56 Subsection 415-60(3)
10
Omit "Infrastructure Coordinator" (first occurring), substitute
11
"
*
responsible person".
12
57 Paragraph 415-60(3)(b)
13
Omit "Infrastructure Coordinator", substitute "responsible person".
14
58 Subsections 415-60(4) and (5)
15
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
16
59 Subsection 415-65(1)
17
Omit "Infrastructure Coordinator" (first occurring), substitute
18
"
*
responsible person".
19
60 Subsection 415-65(1)
20
Omit "Infrastructure Coordinator" (second, third and fourth occurring),
21
substitute "responsible person".
22
61 Subsection 415-65(3)
23
Omit "Infrastructure Coordinator" (first occurring), substitute
24
"
*
responsible person".
25
62 Subsection 415-65(3)
26
Omit "Infrastructure Coordinator" (second occurring), substitute
27
"responsible person".
28
Amendments Schedule 1
Consequential amendments Part 2
No. , 2013
Infrastructure Australia Amendment Bill 2013
23
63 Subsection 415-65(5)
1
Omit "Infrastructure Coordinator" (first occurring), substitute
2
"
*
responsible person".
3
64 Subsection 415-65(5)
4
Omit "Infrastructure Coordinator" (second, third and fourth occurring),
5
substitute "responsible person".
6
65 Paragraph 415-65(6)(a)
7
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
8
66 Paragraph 415-65(6)(b)
9
Omit "Infrastructure Coordinator", substitute "responsible person".
10
67 Subsection 415-65(7)
11
Omit "Infrastructure Coordinator" (first occurring), substitute
12
"
*
responsible person".
13
68 Subsection 415-65(7)
14
Omit "Infrastructure Coordinator" (second occurring), substitute
15
"responsible person".
16
69 Subsection 415-70(1)
17
Omit "Infrastructure Coordinator" (first occurring), substitute
18
"
*
responsible person".
19
70 Paragraphs 415-70(1)(a) and (b)
20
Omit "Infrastructure Coordinator", substitute "responsible person".
21
71 Paragraph 415-70(2)(a)
22
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
23
72 Paragraph 415-70(2)(b)
24
Omit "Infrastructure Coordinator", substitute "responsible person".
25
73 Subsection 415-70(4)
26
Omit "Infrastructure Coordinator" (first occurring), substitute
27
"
*
responsible person".
28
Schedule 1 Amendments
Part 2 Consequential amendments
24
Infrastructure Australia Amendment Bill 2013
No. , 2013
74 Subsection 415-70(4)
1
Omit "Infrastructure Coordinator" (second occurring), substitute
2
"responsible person".
3
75 Subsection 415-70(6)
4
Omit "Infrastructure Coordinator" (first occurring), substitute
5
"
*
responsible person".
6
76 Subsection 415-70(6)
7
Omit "Infrastructure Coordinator" (second occurring), substitute
8
"responsible person".
9
77 Paragraph 415-70(7)(a)
10
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
11
78 Paragraph 415-70(7)(b)
12
Omit "Infrastructure Coordinator", substitute "responsible person".
13
79 Subsection 415-70(8)
14
Omit "Infrastructure Coordinator" (first occurring), substitute
15
"
*
responsible person".
16
80 Subsection 415-70(8)
17
Omit "Infrastructure Coordinator" (second occurring), substitute
18
"responsible person".
19
81 Subsection 415-70(9) (heading)
20
Repeal the heading, substitute:
21
Responsible person must notify Commissioner
22
82 Subsection 415-70(9)
23
Omit "Infrastructure Coordinator" (first occurring), substitute
24
"
*
responsible person".
25
83 Subsection 415-70(9)
26
Omit "Infrastructure Coordinator" (second occurring), substitute
27
"responsible person".
28
Amendments Schedule 1
Consequential amendments Part 2
No. , 2013
Infrastructure Australia Amendment Bill 2013
25
84 Subsection 415-75(3) (note)
1
Omit "paragraph 5(2)(b)", substitute "paragraph 5(b)".
2
85 Subsection 415-80(1)
3
Omit "Infrastructure Coordinator" (first occurring), substitute
4
"
*
responsible person".
5
86 Paragraph 415-80(1)(b)
6
Omit "Infrastructure Coordinator", substitute "responsible person".
7
87 Subsection 415-80(2)
8
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
9
88 Subsection 415-80(3)
10
Omit "Infrastructure Coordinator" (first occurring), substitute
11
"
*
responsible person".
12
89 Subsection 415-80(3)
13
Omit "Infrastructure Coordinator" (second occurring), substitute
14
"responsible person".
15
90 Paragraph 415-80(4)(a)
16
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
17
91 Paragraph 415-80(4)(b)
18
Omit "Infrastructure Coordinator", substitute "responsible person".
19
92 Subsection 415-80(5)
20
Omit "Infrastructure Coordinator" (first occurring), substitute
21
"
*
responsible person".
22
93 Subsection 415-80(5)
23
Omit "Infrastructure Coordinator" (second occurring), substitute
24
"responsible person".
25
94 Paragraph 415-80(6)(a)
26
Omit "Infrastructure Coordinator", substitute "
*
responsible person".
27
Schedule 1 Amendments
Part 2 Consequential amendments
26
Infrastructure Australia Amendment Bill 2013
No. , 2013
95 Sections 415-85 and 415-90
1
Omit "the Infrastructure Coordinator", substitute "a
*
responsible
2
person".
3
96 Section 415-95
4
Repeal the section, substitute:
5
415-95 Responsible person
6
Responsible persons for provisions in this Subdivision
7
(1) A person is the responsible person for the purposes of a provision
8
of this Subdivision, or the
*
infrastructure project designation rules,
9
if:
10
(a) the person:
11
(i) from time to time occupies a position, or holds an
12
office, specified in a determination made under
13
subsection (3); or
14
(ii) is a body corporate specified in such a determination;
15
and
16
(b) the provision is specified in the determination for that
17
position, office or body.
18
Delegation
19
(2) The
*
responsible person for the purposes of a provision of this
20
Subdivision or the
*
infrastructure project designation rules may, by
21
instrument in writing, delegate any of the person's powers,
22
functions or duties under or in relation to this Subdivision, or those
23
rules, to an SES employee or an acting SES employee.
24
Note:
The expressions SES employee and acting SES employee are defined
25
in the Acts Interpretation Act 1901.
26
Infrastructure Minister to determine positions etc. and provisions
27
(3) The Minister administering the Infrastructure Australia Act 2008
28
(the Infrastructure Minister) must, by legislative instrument,
29
determine:
30
(a) one or more of the following:
31
Amendments Schedule 1
Consequential amendments Part 2
No. , 2013
Infrastructure Australia Amendment Bill 2013
27
(i) a position within an Agency (within the meaning of the
1
Public Service Act 1999) that is usually occupied by an
2
SES employee;
3
(ii) an office under a law of the Commonwealth;
4
(iii) a body corporate incorporated for a public purpose by
5
an Act; and
6
(b) provisions of this Subdivision and the
*
infrastructure project
7
designation rules for each position, office or body determined
8
under paragraph (a).
9
(4) An instrument varying or revoking a determination made under
10
subsection (3) may provide for or in relation to any transitional
11
matters (including by specifying any saving or application
12
provisions) arising out of the variation or revocation.
13
Note:
For variation and revocation, see subsection 33(3) of the Acts
14
Interpretation Act 1901.
15
Consultation
16
(5) The Infrastructure Minister must consult with the Treasurer before
17
making, varying or revoking a determination under subsection (3).
18
97 Subsection 995-1(1)
19
Insert:
20
responsible person, for the purposes of a provision in
21
Subdivision 415-C, has the meaning given by section 415-95.
22
Schedule 2 Transitional and savings provisions
Part 1 Introduction
28
Infrastructure Australia Amendment Bill 2013
No. , 2013
Schedule 2
--
Transitional and savings
1
provisions
2
Part 1
--
Introduction
3
1 Definitions
4
(1)
In this Schedule:
5
asset means:
6
(a) any legal or equitable estate or interest in real or personal
7
property, whether actual, contingent or prospective; and
8
(b) any right, power, privilege or immunity, whether actual,
9
contingent or prospective.
10
assets official, in relation to an asset other than land, means the person
11
or authority who:
12
(a) under a law of the Commonwealth, a State or a Territory; or
13
(b) under a trust instrument; or
14
(c) otherwise;
15
has responsibility for keeping a register in relation to assets of the kind
16
concerned.
17
CEO means the Chief Executive Officer of Infrastructure Australia
18
within the meaning of the Infrastructure Australia Act 2008 as amended
19
by this Act.
20
Infrastructure Australia means Infrastructure Australia within the
21
meaning of the Infrastructure Australia Act 2008 as amended by this
22
Act.
23
Infrastructure Coordinator means the Infrastructure Coordinator
24
within the meaning of the Infrastructure Australia Act 2008 as in force
25
immediately before the transition time.
26
land means any legal or equitable estate or interest in real property,
27
whether actual, contingent or prospective.
28
land registration official, in relation to land, means the Registrar of
29
Titles or other proper officer of the State or Territory in which the land
30
is situated.
31
liability means any liability, duty or obligation, whether actual,
32
contingent or prospective.
33
Transitional and savings provisions Schedule 2
Introduction Part 1
No. , 2013
Infrastructure Australia Amendment Bill 2013
29
old Infrastructure Australia means Infrastructure Australia within the
1
meaning of the Infrastructure Australia Act 2008 as in force
2
immediately before the transition time.
3
specified succession time, for an asset or liability covered by a
4
declaration under item 2 or 3, means the time that the Commonwealth
5
becomes the successor in law in relation to the asset or liability.
6
transition time means the time that Part 1 of Schedule 1 commences.
7
Schedule 2 Transitional and savings provisions
Part 2 Transfer of certain assets and liabilities
30
Infrastructure Australia Amendment Bill 2013
No. , 2013
Part 2
--
Transfer of certain assets and liabilities
1
2 Transfer of certain Commonwealth assets
2
(1)
This item applies to an asset of the Commonwealth that, immediately
3
before the transition time, was being held or used by the Department in
4
connection with the performance of a function of the old Infrastructure
5
Australia or the Infrastructure Coordinator.
6
(2)
The Minister may, by legislative instrument, declare that a specified
7
asset ceases to be an asset of the Commonwealth and becomes an asset
8
of Infrastructure Australia, at the specified time, without any
9
conveyance, transfer or assignment.
10
(3)
If the Minister does so, Infrastructure Australia becomes the successor
11
in law in relation to the specified asset at the specified time.
12
(4)
This item does not prevent the Commonwealth from transferring an
13
asset to Infrastructure Australia otherwise than under this item.
14
3 Transfer of certain Commonwealth liabilities
15
(1)
This item applies to a liability of the Commonwealth that was incurred
16
before the transition time in connection with the performance of a
17
function of the old Infrastructure Australia or the Infrastructure
18
Coordinator.
19
(2)
The Minister may, by legislative instrument, declare that a specified
20
liability ceases to be a liability of the Commonwealth and becomes a
21
liability of Infrastructure Australia, at the specified time, without any
22
conveyance, transfer or assignment.
23
(3)
If the Minister does so, Infrastructure Australia becomes the successor
24
in law in relation to the specified liability at the specified time.
25
(4)
This item does not prevent the Commonwealth from transferring a
26
liability to Infrastructure Australia otherwise than under this item.
27
4 Transfers of land may be registered
28
(1)
This item applies if:
29
(a) any land vests in Infrastructure Australia under this Part; and
30
Transitional and savings provisions Schedule 2
Transfer of certain assets and liabilities Part 2
No. , 2013
Infrastructure Australia Amendment Bill 2013
31
(b) there is lodged with a land registration official a certificate
1
that:
2
(i) is signed by the Minister; and
3
(ii) identifies the land, whether by reference to a map or
4
otherwise; and
5
(iii) states that the land has become vested in Infrastructure
6
Australia under this Part.
7
(2)
The land registration official may:
8
(a) register the matter in a way that is the same as, or similar to,
9
the way in which dealings in land of that kind are registered;
10
and
11
(b) deal with, and give effect to, the certificate.
12
(3)
A certificate under paragraph (1)(b) is not a legislative instrument.
13
5 Certificates relating to vesting of assets other than land
14
(1)
This item applies if:
15
(a) an asset other than land vests in Infrastructure Australia
16
under this Part; and
17
(b) there is lodged with an assets official a certificate that:
18
(i) is signed by the Minister; and
19
(ii) identifies the asset; and
20
(iii) states that the asset has become vested in Infrastructure
21
Australia under this Part.
22
(2)
The assets official may:
23
(a) deal with, and give effect to, the certificate as if it were a
24
proper and appropriate instrument for transactions in relation
25
to assets of that kind; and
26
(b) make such entries in the register in relation to assets of that
27
kind as are necessary, having regard to the effect of this
28
Schedule.
29
(3)
A certificate under paragraph (1)(b) is not a legislative instrument.
30
Schedule 2 Transitional and savings provisions
Part 3 Transfer of other matters
32
Infrastructure Australia Amendment Bill 2013
No. , 2013
Part 3
--
Transfer of other matters
1
6 Transfer of records to Infrastructure Australia
2
The Secretary of the Department may transfer to Infrastructure
3
Australia records or documents of the Commonwealth that relate to the
4
functions of Infrastructure Australia.
5
Note:
The records and documents are Commonwealth records for the purposes of the Archives
6
Act 1983.
7
7 Legal proceedings of the Commonwealth
8
(1)
This item applies if:
9
(a) any proceedings to which the Commonwealth was a party
10
were pending in any court or tribunal immediately before the
11
transition time; and
12
(b) the proceedings:
13
(i) relate to an asset or liability that, as a result of a
14
declaration made under item 2 or 3, has vested in
15
Infrastructure Australia; or
16
(ii) otherwise relate to a function of Infrastructure Australia.
17
(2)
Infrastructure Australia is substituted for the Commonwealth as a party
18
to the proceedings:
19
(a) for proceedings not covered by subparagraph (1)(b)(i)--from
20
the transition time; and
21
(b) in any other case--from the specified succession time in
22
relation to the asset or liability.
23
8 References in certain instruments to the Commonwealth,
24
old Infrastructure Australia or Infrastructure
25
Coordinator
26
(1)
This item applies if:
27
(a) an instrument was in force immediately before the transition
28
time or the specified succession time for an asset or liability;
29
and
30
(b) the instrument contains a reference to:
31
(i) the Commonwealth; or
32
(ii) the old Infrastructure Australia; or
33
Transitional and savings provisions Schedule 2
Transfer of other matters Part 3
No. , 2013
Infrastructure Australia Amendment Bill 2013
33
(iii) the Infrastructure Coordinator; and
1
(c) the reference:
2
(i) relates to an asset or liability that, as a result of a
3
declaration under item 2 or 3, has vested in
4
Infrastructure Australia; or
5
(ii) otherwise relates to a function of Infrastructure
6
Australia or the CEO.
7
(2)
The Minister may, by legislative instrument, determine that the
8
instrument has effect, from the transition time or the specified
9
succession time (as appropriate), as if the reference to the body or
10
person mentioned in paragraph (1)(b) were a reference to:
11
(a) Infrastructure Australia; or
12
(b) the CEO; or
13
(c) a responsible person for the purposes of a provision under
14
section 415-95 of the Income Tax Assessment Act 1997.
15
(3)
For the purposes of this item, instrument:
16
(a) includes:
17
(i) a contract, undertaking, deed or agreement; and
18
(ii) a notice, authority, order or instruction; and
19
(iii) an instrument made under an Act or under regulations;
20
but
21
(b) does not include an exempt instrument.
22
(4)
For the purposes of this item, exempt instrument means:
23
(a) an Act; or
24
(b) an instrument made under this Act.
25
Schedule 2 Transitional and savings provisions
Part 4 Infrastructure Australia Special Account
34
Infrastructure Australia Amendment Bill 2013
No. , 2013
Part 4
--
Infrastructure Australia Special Account
1
9 Infrastructure Australia Special Account
2
(1)
At the transition time, the Special Account established under
3
subsection 20(1) of the Financial Management and Accountability Act
4
1997 with the name "Infrastructure Australia Special Account" is
5
abolished.
6
(2)
If an amount (the old amount) stands to the credit of that Special
7
Account immediately before the transition time, there is payable to
8
Infrastructure Australia, at the transition time, an amount equal to the
9
old amount.
10
(3)
The amount payable to Infrastructure Australia under subitem (2) is to
11
be paid out of the Consolidated Revenue Fund, which is appropriated
12
accordingly.
13
Transitional and savings provisions Schedule 2
Reporting obligation Part 5
No. , 2013
Infrastructure Australia Amendment Bill 2013
35
Part 5
--
Reporting obligation
1
10 Final annual report
2
(1)
The old Infrastructure Australia must, before the transition time, prepare
3
and give to the Minister, for presentation to the Parliament, a report on
4
the old Infrastructure Australia's operations during the final reporting
5
period.
6
(2)
Subsection 26(2) of the Infrastructure Australia Act 2008 as in force
7
immediately before the commencement of this item applies to the
8
report, as if a reference to a financial year were a reference to the final
9
reporting period.
10
(3)
The Minister must table the report in each House of the Parliament as
11
soon as practicable after the transition time.
12
(4)
A report given to the Minister under this item discharges the old
13
Infrastructure Australia's obligations under section 26 of the
14
Infrastructure Australia Act 2008 in respect of any period covered by
15
the report.
16
(5)
In this item:
17
final reporting period means the period:
18
(a) beginning:
19
(i) if, at the commencement of this item, no report under
20
section 26 of the Infrastructure Australia Act 2008 has
21
been given to the Minister for the financial year ending
22
before that commencement--at the start of that financial
23
year; or
24
(ii) otherwise--at the start of the financial year in which
25
this item commences; and
26
(b) ending immediately before the transition time.
27
Schedule 2 Transitional and savings provisions
Part 6 Officeholders
36
Infrastructure Australia Amendment Bill 2013
No. , 2013
Part 6
--
Officeholders
1
11 No transfer of appointment of officeholders
2
(1)
Nothing in this Schedule produces the result that the appointment of an
3
old Infrastructure Australia officer has effect as if it were an
4
appointment, engagement or employment of the person in relation to
5
Infrastructure Australia.
6
(2)
In this item:
7
old Infrastructure Australia officer means:
8
(a) a member of the old Infrastructure Australia; or
9
(b) the Infrastructure Coordinator.
10
Transitional and savings provisions Schedule 2
Provisions relating to Division 415 of the Income Tax Assessment Act 1997 Part 7
No. , 2013
Infrastructure Australia Amendment Bill 2013
37
Part 7
--
Provisions relating to Division 415 of the
1
Income Tax Assessment Act 1997
2
12 Things done by, or in relation to, Infrastructure
3
Coordinator
4
(1)
If, before the transition time, a thing was done by, or in relation to, the
5
Infrastructure Coordinator, then, for the purposes of the operation of:
6
(a) Division 415 of the Income Tax Assessment Act 1997 as in
7
force from the transition time; and
8
(b) the infrastructure project designation rules made under
9
section 415-100 of that Act; and
10
(c) any other law to the extent that it relates to that Division or
11
those rules;
12
the thing is taken to have been done by, or in relation to, the responsible
13
person under section 415-95 of that Act for the purposes of the
14
provision under, or in relation to, which the thing would have been done
15
if the thing had been done immediately after the transition time.
16
(2)
For the purposes of subitem (1), a thing done before the transition time
17
under a provision amended by Part 2 of Schedule 1 to this Act has effect
18
from that time as if it had been done under that provision as amended.
19
However, this is not taken to change the time at which the thing was
20
actually done.
21
(3)
For the purposes of subitem (1), if:
22
(a) any proceedings to which the Infrastructure Coordinator was
23
a party were pending in any court or tribunal immediately
24
before the transition time; and
25
(b) the proceedings relate to a thing done by, or in relation to, the
26
Infrastructure Coordinator under Division 415 of the Income
27
Tax Assessment Act 1997;
28
the responsible person mentioned in that subitem in relation to the thing
29
is substituted for the Infrastructure Coordinator as a party to the
30
proceedings from the transition time.
31
(4)
The Minister may, by writing, determine either or both of the following:
32
(a) that subitem (1) does not apply in relation to a specified thing
33
done by, or in relation to, the Infrastructure Coordinator;
34
Schedule 2 Transitional and savings provisions
Part 7 Provisions relating to Division 415 of the Income Tax Assessment Act 1997
38
Infrastructure Australia Amendment Bill 2013
No. , 2013
(b) that subitem (1) has effect as if a different responsible person
1
for the purposes of a provision under section 415-95 of the
2
Income Tax Assessment Act 1997 were substituted for the
3
responsible person mentioned in that subitem.
4
The determination has effect accordingly.
5
(5)
A determination made under subitem (4) is not a legislative instrument.
6
Note:
See also item 14 of this Schedule (continuation of Infrastructure Priority Lists).
7
13 Infrastructure project designation rules
8
(1)
A reference to the Infrastructure Coordinator in a provision of the
9
infrastructure project designation rules made under section 415-100 of
10
the Income Tax Assessment Act 1997 has effect, after the transition
11
time, as if it were a reference to the responsible person for the purposes
12
of the provision under section 415-95 of that Act.
13
(2)
Subsection 415-100(2) of the Income Tax Assessment Act 1997 applies
14
on and after the transition time as if the reference in that subsection to
15
Infrastructure Australia included a reference to the old Infrastructure
16
Australia.
17
Transitional and savings provisions Schedule 2
Miscellaneous Part 8
No. , 2013
Infrastructure Australia Amendment Bill 2013
39
Part 8
--
Miscellaneous
1
14 Continuation of Infrastructure Priority Lists
2
An Infrastructure Priority List under paragraph 5(2)(b) of the
3
Infrastructure Australia Act 2008 in effect immediately before the
4
transition time has effect, from the transition time, as if it had been
5
made by Infrastructure Australia.
6
15 Exemption from stamp duty and other State or Territory
7
taxes
8
(1)
No stamp duty or other tax is payable under a law of a State or a
9
Territory in respect of an exempt matter, or anything connected with an
10
exempt matter.
11
(2)
For the purposes of this item, an exempt matter is:
12
(a) the vesting of an asset or liability as a result of a declaration
13
made under item 2 or 3; or
14
(b) the operation of this Schedule in any other respect.
15
(3)
The Minister may certify in writing:
16
(a) that a specified matter is an exempt matter; or
17
(b) that a specified thing was connected with a specified exempt
18
matter.
19
(4)
In all courts, and for all purposes (other than for the purposes of
20
criminal proceedings), a certificate under subitem (3) is prima facie
21
evidence of the matters stated in the certificate.
22
16 Certificates taken to be authentic
23
A document that appears to be a certificate made or issued under a
24
particular provision of this Schedule:
25
(a) is taken to be such a certificate; and
26
(b) is taken to have been properly given;
27
unless the contrary is established.
28
17 Delegation by Minister
29
(1)
The Minister may, by writing, delegate all or any of his or her powers
30
and functions under this Schedule to:
31
Schedule 2 Transitional and savings provisions
Part 8 Miscellaneous
40
Infrastructure Australia Amendment Bill 2013
No. , 2013
(a) the Secretary of the Department; or
1
(b) an SES employee, or acting SES employee, in the
2
Department.
3
(2)
In exercising powers or functions under a delegation, the delegate must
4
comply with any directions of the Minister.
5
18 Constitutional safety net
6
(1)
If the operation of this Schedule would result in an acquisition of
7
property (within the meaning of paragraph 51(xxxi) of the Constitution)
8
from a person otherwise than on just terms (within the meaning of that
9
paragraph), the Commonwealth is liable to pay a reasonable amount of
10
compensation to the person.
11
(2)
If the Commonwealth and the person do not agree on the amount of the
12
compensation, the person may institute proceedings in a court of
13
competent jurisdiction for the recovery from the Commonwealth of
14
such reasonable amount of compensation as the court determines.
15
19 Transitional rules
16
The Minister may, by legislative instrument, make rules in relation to
17
transitional matters arising out of the amendments made by Schedule 1.
18
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