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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Infrastructure Australia Amendment
(Independent Review) Bill 2023
No. , 2023
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to amend the Infrastructure
Australia Act 2008, and for related purposes
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Functions
3
Infrastructure Australia Act 2008
3
Part 2--Governance
10
Infrastructure Australia Act 2008
10
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
1
A Bill for an Act to amend the Infrastructure
1
Australia Act 2008, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Infrastructure Australia Amendment (Independent
5
Review) Act 2023
.
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 (Independent Review) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
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,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
However, if the provisions 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.
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 Schedules
7
Legislation 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
Functions
Part 1
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
3
Schedule 1--Amendments
1
Part 1--Functions
2
Infrastructure Australia Act 2008
3
1 After section 2
4
Insert:
5
2A Object
6
The object of this Act is to establish Infrastructure Australia as the
7
Commonwealth Government's independent adviser on nationally
8
significant infrastructure investment planning and project
9
prioritisation.
10
2 Section 3 (definition of COAG)
11
Repeal the definition.
12
3 Paragraphs 5(a) to (gb)
13
Repeal the paragraphs, substitute:
14
(a) to conduct audits in accordance with section 5A;
15
(aa) to conduct or endorse evaluations in accordance with
16
section 5B;
17
(b) to develop lists (to be known as Infrastructure Priority Lists)
18
and plans (to be known as Infrastructure Plans) in accordance
19
with section 5C;
20
(c) the functions mentioned in section 5D (providing advice on
21
infrastructure matters);
22
4 Sections 5A to 5C
23
Repeal the sections, substitute:
24
5A Functions--conducting audits
25
(1) For the purposes of paragraph 5(a), Infrastructure Australia has the
26
function of conducting audits to determine the adequacy, capacity
27
Schedule 1
Amendments
Part 1
Functions
4
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
and condition of nationally significant infrastructure, taking into
1
account:
2
(a) forecast economic and population growth; and
3
(b) economic, social and environmental sustainability; and
4
(c) Australia's greenhouse gas emissions reduction targets.
5
(2) An audit must be prepared under this section at such intervals as
6
the Board determines.
7
(3) In performing this function, Infrastructure Australia may consider
8
State, Territory or local government reports on the adequacy,
9
capacity and condition of nationally significant infrastructure.
10
5B Functions--evaluating infrastructure proposals
11
National planning and assessment framework
12
(1) Infrastructure Australia must develop a national planning and
13
assessment framework to promote national consistency and
14
coordination in infrastructure evaluations.
15
(2) The framework is not a legislative instrument.
16
(3) Infrastructure Australia must give the framework to the Minister
17
and publish the framework on Infrastructure Australia's website.
18
(4) Infrastructure Australia must review the framework at least every 5
19
years.
20
(5) In developing and reviewing the framework, Infrastructure
21
Australia must consult with States and Territories.
22
Evaluations
23
(6) For the purposes of paragraph 5(aa), Infrastructure Australia has
24
the function of evaluating, or endorsing evaluations conducted by
25
or for States or Territories of, proposals covered by subsection (7)
26
that are submitted by any of the following:
27
(a) the Commonwealth;
28
(b) a Commonwealth entity (within the meaning of the
Public
29
Governance, Performance and Accountability Act 2013
);
30
(c) a Commonwealth company (within the meaning of that Act);
31
Amendments
Schedule 1
Functions
Part 1
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
5
(d) a State;
1
(e) a Territory.
2
(7) For the purposes of subsection (6), this subsection covers proposals
3
for investment in, or enhancements to, the following infrastructure:
4
(a) nationally significant infrastructure;
5
(b) other infrastructure determined by the Minister.
6
(8) A determination made by the Minister under paragraph (7)(b) is a
7
legislative instrument.
8
(9) As soon as practicable after the end of each quarter, Infrastructure
9
Australia must make available on its website:
10
(a) a summary of each proposal evaluated by Infrastructure
11
Australia during the quarter; and
12
(b) a summary of each proposal for which Infrastructure
13
Australia endorsed an evaluation during the quarter.
14
5C Functions--developing Infrastructure Priority Lists and
15
Infrastructure Plans
16
Infrastructure Priority Lists
17
(1) For the purposes of paragraph 5(b), Infrastructure Australia has the
18
function of developing targeted Infrastructure Priority Lists that:
19
(a) specify priorities for Commonwealth investment in nationally
20
significant infrastructure across Australia; and
21
(b) take into account:
22
(i) audits mentioned in section 5A; and
23
(ii) evaluations conducted or endorsed by Infrastructure
24
Australia in accordance with section 5B; and
25
(iii) consultations with Commonwealth, State and Territory
26
governments; and
27
(iv) any other matters Infrastructure Australia considers
28
relevant.
29
(2) Infrastructure Australia must develop Infrastructure Priority Lists
30
at such intervals as the Board determines. Infrastructure Australia
31
must also develop an Infrastructure Priority List if the Minister
32
requests.
33
Schedule 1
Amendments
Part 1
Functions
6
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
Infrastructure Plans
1
(3) For the purposes of paragraph 5(b), Infrastructure Australia has the
2
function of developing Infrastructure Plans specifying priorities for
3
nationally significant infrastructure across Australia.
4
(4) An Infrastructure Plan:
5
(a) must be developed at the request of the Minister; and
6
(b) may be developed on Infrastructure Australia's own initiative
7
after consultation with the Minister.
8
(5) An Infrastructure Plan must cover the period determined by the
9
Board after consultation with the Minister.
10
(6) Infrastructure Australia must make an Infrastructure Plan available
11
on Infrastructure Australia's website within 14 days after it is
12
developed.
13
5D Functions--providing advice on infrastructure matters
14
(1) For the purposes of paragraph 5(c), Infrastructure Australia has the
15
following functions:
16
(a) to identify any impediments to investment in nationally
17
significant infrastructure and identify strategies to remove
18
any impediments identified;
19
(b) to promote the timely and efficient delivery of nationally
20
significant infrastructure projects, consistent with
21
considerations of social and environmental sustainability;
22
(c) to identify and promote best practice in the planning and
23
procurement of nationally significant infrastructure projects;
24
(d) to review and provide advice on proposals to facilitate the
25
harmonisation of policies, and laws, relating to development
26
of, and investment in, infrastructure;
27
(e) to review Commonwealth infrastructure funding programs
28
and their alignment with Infrastructure Plans:
29
(i) at the request of the Minister; or
30
(ii) after consultation with the Minister;
31
(f) to inquire into and report on matters relating to nationally
32
significant infrastructure:
33
(i) at the request of the Minister; or
34
Amendments
Schedule 1
Functions
Part 1
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
7
(ii) after consultation with the Minister.
1
(2) For the purposes of paragraph 5(c), Infrastructure Australia has the
2
function of providing advice to the Minister and the
3
Commonwealth on matters relating to infrastructure, including in
4
relation to the following:
5
(a) Australia's current and future needs and priorities relating to
6
nationally significant infrastructure;
7
(b) policy, pricing and regulatory issues that may impact on the
8
utilisation of infrastructure;
9
(c) policy issues arising from climate change, including the
10
achievement of Australia's greenhouse gas emissions
11
reduction targets;
12
(d) impediments to the efficient utilisation of national
13
infrastructure networks;
14
(e) options and reforms, including regulatory reforms, to make
15
the utilisation of national infrastructure networks more
16
efficient;
17
(f) the needs of users of infrastructure;
18
(g) mechanisms for financing investment in infrastructure;
19
(h) the delivery of infrastructure projects.
20
(3) For the purposes of paragraph (2)(h), Infrastructure Australia may
21
evaluate the delivery of an infrastructure project, including
22
evaluating:
23
(a) the delivery against any targets set before or during delivery;
24
and
25
(b) any relevant assumptions made before or during delivery.
26
(4) Infrastructure Australia also has the function of promoting public
27
awareness of the matters mentioned in subsections (2) and (3),
28
including by publishing information on its website.
29
5E Infrastructure Australia must have regard to policies
30
In performing its functions and exercising its powers,
31
Infrastructure Australia must have regard to the policies of the
32
Commonwealth Government in relation to infrastructure.
33
Schedule 1
Amendments
Part 1
Functions
8
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
5 Subsection 6(2)
1
Repeal the subsection, substitute:
2
(2) In giving directions under subsection (1), the Minister may have
3
regard to any relevant decisions of a body (however described) that
4
consists only of, or that includes, the following:
5
(a) the Prime Minister;
6
(b) the Premiers of each State;
7
(c) the Chief Ministers of the Australian Capital Territory and
8
Northern Territory.
9
6 After subsection 6E(2)
10
Insert:
11
(2A) In performing its functions and exercising its powers, the Board
12
must have regard to the policies of the Commonwealth
13
Government in relation to infrastructure.
14
7 Section 39C
15
Omit all the words after "must also", substitute "include details of any
16
directions given to Infrastructure Australia by the Minister under
17
subsection 6(1) of this Act during the period".
18
8 Application, saving and transitional provisions
19
Existing Infrastructure Priority Lists
20
(1)
Despite the amendments made by this Part, paragraph 5(b) of the
21
Infrastructure Australia Act 2008
continues to apply, as if those
22
amendments had not been made, in relation to any list developed for the
23
purposes of that paragraph before the commencement of this item.
24
Existing evaluations and Infrastructure Plans
25
(2)
An evaluation of an infrastructure proposal conducted before the
26
commencement of this item under subsection 5A(1) of the
27
Infrastructure Australia Act 2008
as in force before that commencement
28
has effect after that commencement as if it had been conducted under
29
subsection 5B(6) of that Act as amended by this Part.
30
Amendments
Schedule 1
Functions
Part 1
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
9
(3)
A plan developed before the commencement of this item under
1
subsection 5B(1) of the
Infrastructure Australia Act 2008
as in force
2
before that commencement has effect after that commencement as if it
3
had been developed under subsection 5C(3) of that Act as amended by
4
this Part.
5
Ministerial directions
6
(4)
The amendments of section 6 of the
Infrastructure Australia Act 2008
7
made by this Part do not affect the continuity of a direction given under
8
that section before the commencement of this item.
9
Reporting requirements
10
(5)
Subsection 5B(9) of the
Infrastructure Australia Act 2008
, as inserted
11
by this Part, applies in relation to any quarter ending on or after the
12
commencement of this item.
13
(6)
The amendments of section 39C of the
Infrastructure Australia Act
14
2008
made by this Part apply in relation to any reporting period (within
15
the meaning of the
Public Governance, Performance and
16
Accountability Act 2013
) of Infrastructure Australia starting at or after
17
the commencement of this item.
18
Schedule 1
Amendments
Part 2
Governance
10
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
Part 2--Governance
1
Infrastructure Australia Act 2008
2
9 Section 3 (definition of Board)
3
Repeal the definition.
4
10 Section 3 (definition of Chair)
5
Repeal the definition.
6
11 Section 3
7
Insert:
8
Chief Commissioner
means the Chief Commissioner appointed
9
under section 8.
10
Commissioner
means a Commissioner appointed under section 8
11
and includes the Chief Commissioner.
12
12 Section 3 (definition of full-time Chair)
13
Repeal the definition.
14
13 Section 3
15
Insert:
16
full-time Commissioner
means a Commissioner appointed on a
17
full-time basis.
18
14 Section 3 (definition of member)
19
Repeal the definition.
20
15 Section 3 (definition of part-time Chair)
21
Repeal the definition.
22
16 Section 3
23
Insert:
24
Amendments
Schedule 1
Governance
Part 2
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
11
part-time Commissioner
means a Commissioner appointed on a
1
part-time basis.
2
17 Subsection 4(3)
3
Omit "Board directs", substitute "Commissioners direct".
4
18 Subsection 4(3)
5
Omit "by the Board", substitute "by the Commissioners".
6
19 Subsection 5A(2)
7
Omit "Board determines", substitute "Commissioners determine".
8
20 Subsection 5C(2)
9
Omit "Board determines", substitute "Commissioners determine".
10
21 Subsection 5C(5)
11
Omit "Board", substitute "Commissioners".
12
22 Part 2A
13
Repeal the Part, substitute:
14
Part 2A--Commissioners
15
Division 1--Functions
16
6E Functions
17
(1) The functions of the Commissioners are:
18
(a) to decide the objectives, strategies and policies to be
19
followed by Infrastructure Australia; and
20
(b) to ensure the proper, efficient and effective performance of
21
Infrastructure Australia's functions; and
22
(c) any other functions conferred on the Commissioners by this
23
Act.
24
(2) The Commissioners have the power to do all things necessary or
25
convenient to be done for or in connection with the performance of
26
their functions.
27
Schedule 1
Amendments
Part 2
Governance
12
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
(3) In performing their functions and exercising their powers, the
1
Commissioners must have regard to the policies of the
2
Commonwealth Government in relation to infrastructure.
3
(4) Anything done in the name of, or on behalf of, Infrastructure
4
Australia by the Commissioners, or with the authority of the
5
Commissioners, is taken to have been done by Infrastructure
6
Australia.
7
(5) If a function or power of Infrastructure Australia is dependent on
8
the opinion, belief or state of mind of Infrastructure Australia in
9
relation to a matter, the function or power may be exercised upon
10
the opinion, belief or state of mind of a person or body acting as
11
mentioned in subsection (4) in relation to that matter.
12
Division 2--Constitution and appointment
13
7 Constitution
14
Infrastructure Australia consists of:
15
(a) the Chief Commissioner; and
16
(b) 2 other Commissioners.
17
Note:
The Commissioners are the accountable authority of Infrastructure
18
Australia: see section 12 of the
Public Governance, Performance and
19
Accountability Act 2013
.
20
8 Appointment of Commissioners
21
(1) Commissioners (including the Chief Commissioner) are to be
22
appointed by the Minister by written instrument.
23
(2) A Commissioner may be appointed on a full-time or part-time
24
basis.
25
(3) A person must not be appointed as a Commissioner unless the
26
Minister is satisfied that:
27
(a) the person has appropriate qualifications, knowledge, skills
28
or experience; and
29
(b) the selection of the person for the appointment is the result of
30
a process that:
31
(i) was merit-based; and
32
Amendments
Schedule 1
Governance
Part 2
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
13
(ii) included public advertising of the position.
1
(4) Paragraph (3)(b) does not prevent the Minister:
2
(a) taking affirmative action in relation to the appointment of
3
women to positions; or
4
(b) taking into consideration appropriate representation among
5
States, Territories and local government areas in relation to
6
appointments to positions.
7
(5) Paragraph (3)(b) does not apply in relation to the reappointment of
8
a person who, immediately before the start of the period of
9
reappointment, holds office as a Commissioner under a previous
10
appointment under subsection (1).
11
9 Term of appointment
12
A Commissioner holds office for the period specified in the
13
instrument of appointment. The period must not exceed 5 years.
14
Note:
A Commissioner is eligible for reappointment: see section 33AA of
15
the
Acts Interpretation Act 1901
.
16
10 Acting appointments
17
(1) The Minister may appoint a Commissioner to act as the Chief
18
Commissioner:
19
(a) during a vacancy in the office of Chief Commissioner
20
(whether or not an appointment has previously been made to
21
the office); or
22
(b) during any period, or during all periods, when the Chief
23
Commissioner is absent from duty or from Australia, or is,
24
for any reason, unable to perform the duties of the office.
25
Note:
For rules that apply to acting appointments, see section 33A of the
26
Acts Interpretation Act 1901
.
27
(2) The Minister may appoint a person to act as a Commissioner:
28
(a) during a vacancy in the office of a Commissioner (whether or
29
not an appointment has previously been made to the office);
30
or
31
(b) during any period, or during all periods, when a
32
Commissioner is absent from duty or from Australia, or is,
33
for any reason, unable to perform the duties of the office.
34
Schedule 1
Amendments
Part 2
Governance
14
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
Note:
For rules that apply to acting appointments, see section 33A of the
1
Acts Interpretation Act 1901
.
2
11 Remuneration
3
(1) A Commissioner is to be paid the remuneration that is determined
4
by the Remuneration Tribunal. If no determination of that
5
remuneration by the Tribunal is in operation, the Commissioner is
6
to be paid the remuneration that is prescribed.
7
(2) A Commissioner is to be paid the allowances that are prescribed.
8
(3) This section has effect subject to the
Remuneration Tribunal Act
9
1973
.
10
12 Leave of absence
11
Full-time Commissioner
12
(1) A full-time Commissioner has the recreation leave entitlements
13
that are determined by the Remuneration Tribunal.
14
(2) If the Chief Commissioner is a full-time Commissioner, the
15
Minister may grant the Chief Commissioner leave of absence,
16
other than recreation leave, on the terms and conditions as to
17
remuneration or otherwise that the Minister determines.
18
(3) The Chief Commissioner may grant a full-time Commissioner
19
(other than the Chief Commissioner) leave of absence, other than
20
recreation leave, on the terms and conditions as to remuneration or
21
otherwise that the Chief Commissioner determines.
22
Part-time Commissioner
23
(4) If the Chief Commissioner is a part-time Commissioner, the
24
Minister may grant leave of absence to the Chief Commissioner on
25
the terms and conditions that the Minister determines.
26
(5) The Chief Commissioner may grant leave of absence to a part-time
27
Commissioner (other than the Chief Commissioner) on the terms
28
and conditions that the Chief Commissioner determines.
29
Amendments
Schedule 1
Governance
Part 2
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
15
15 Outside employment
1
A full-time Commissioner must not engage in paid employment
2
outside the duties of the Commissioner's office without the
3
Minister's approval.
4
16 Other terms and conditions
5
A Commissioner holds office on the terms and conditions (if any)
6
in relation to matters not covered by this Act that are determined
7
by the Minister.
8
17 Resignation of Commissioners
9
(1) A Commissioner may resign the Commissioner's appointment by
10
giving the Minister a written resignation.
11
(2) The resignation takes effect on the day it is received by the
12
Minister or, if a later day is specified in the resignation, on that
13
later day.
14
18 Termination of appointment
15
All Commissioners
16
(1) The Minister may terminate the appointment of a Commissioner:
17
(a) for misbehaviour; or
18
(b) if the Commissioner is unable to perform the duties of the
19
Commissioner's office because of physical or mental
20
incapacity.
21
(2) The Minister may terminate the appointment of a Commissioner if
22
the Commissioner:
23
(a) becomes bankrupt; or
24
(b) takes steps to take the benefit of any law for the relief of
25
bankrupt or insolvent debtors; or
26
(c) compounds with one or more of the Commissioner's
27
creditors; or
28
(d) makes an assignment of the Commissioner's remuneration
29
for the benefit of one or more of the Commissioner's
30
creditors.
31
Schedule 1
Amendments
Part 2
Governance
16
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
Note:
The appointment of a Commissioner may also be terminated under
1
section 30 of the
Public Governance, Performance and Accountability
2
Act 2013
(which deals with terminating the appointment of an
3
accountable authority, or a member of an accountable authority, for
4
contravening general duties of officials).
5
Additional grounds for full-time Commissioner
6
(3) The Minister may terminate the appointment of a full-time
7
Commissioner if:
8
(a) the Commissioner is absent, except on leave of absence, for
9
14 consecutive days or for 28 days in any 12 months; or
10
(b) the Commissioner engages, except with the Minister's
11
approval, in paid employment outside the duties of the
12
Commissioner's office (see section 15).
13
Additional ground for part-time Commissioner
14
(4) The Minister may terminate the appointment of a part-time
15
Commissioner if the Commissioner is absent, except on leave of
16
absence, from 3 consecutive meetings of Infrastructure Australia.
17
Division 3--Meetings
18
19 Convening meetings
19
(1) The Commissioners must hold the meetings that are necessary for
20
the efficient performance of their functions.
21
(2) Meetings are to be held at the times and places that the
22
Commissioners determine.
23
(3) The Chief Commissioner:
24
(a) may convene a meeting; and
25
(b) must convene at least 4 meetings each calendar year; and
26
(c) must convene a meeting if requested in writing by:
27
(i) another Commissioner; or
28
(ii) the Minister.
29
Amendments
Schedule 1
Governance
Part 2
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
17
20 Presiding at meetings
1
(1) The Chief Commissioner must preside at all meetings at which the
2
Chief Commissioner is present.
3
(2) If the Chief Commissioner is not present at a meeting, the other
4
Commissioners present must appoint one of themselves to preside.
5
21 Quorum
6
(1) At a meeting of the Commissioners, 2 Commissioners constitute a
7
quorum.
8
(2) However, if:
9
(a) a Commissioner is required by rules made for the purposes of
10
section 29 of the
Public Governance, Performance and
11
Accountability Act 2013
not to be present during the
12
deliberations, or to take part in any decision, of the
13
Commissioners with respect to a particular matter; and
14
(b) when the Commissioner leaves the meeting concerned there
15
is no longer a quorum present;
16
the remaining Commissioners at the meeting constitute a quorum
17
for the purpose of any deliberation or decision at that meeting with
18
respect to that matter.
19
22 Voting at meetings
20
(1) A question arising at a meeting is to be determined by a majority of
21
the votes of the Commissioners present and voting.
22
(2) The person presiding at a meeting has a deliberative vote and, in
23
the event of an equality of votes, a casting vote.
24
23 Conduct of meetings
25
The Commissioners may regulate proceedings at their meetings as
26
they consider appropriate.
27
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
28
information about the ways in which Commissioners may participate
29
in meetings.
30
Schedule 1
Amendments
Part 2
Governance
18
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
24 Minutes
1
The Commissioners must keep minutes of their meetings.
2
25 Decisions without meetings
3
(1) The Commissioners are taken to have made a decision at a meeting
4
if:
5
(a) without meeting, a majority of the Commissioners entitled to
6
vote on the proposed decision indicate agreement with the
7
decision; and
8
(b) that agreement is indicated in accordance with the method
9
determined by the Commissioners under subsection (2); and
10
(c) all the Commissioners were informed of the proposed
11
decision, or reasonable efforts were made to inform all the
12
Commissioners of the proposed decision.
13
(2) Subsection (1) applies only if the Commissioners:
14
(a) have determined that they may make decisions of that kind
15
without meeting; and
16
(b) have determined the method by which Commissioners are to
17
indicate agreement with proposed decisions.
18
(3) For the purposes of paragraph (1)(a), a Commissioner is not
19
entitled to vote on a proposed decision if the Commissioner would
20
not have been entitled to vote on that proposal if the matter had
21
been considered at a meeting of the Commissioners.
22
(4) The Commissioners must keep a record of decisions made in
23
accordance with this section.
24
23 Section 28A (heading)
25
Omit "
Board
", substitute "
Commissioners
".
26
24 Subsections 28A(1) and (2)
27
Omit "Board", substitute "Commissioners".
28
25 Subsection 29(1)
29
Omit "Board", substitute "Commissioners".
30
Amendments
Schedule 1
Governance
Part 2
No. , 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
19
26 Section 31
1
Omit "Board", substitute "Commissioners".
2
27 Subsection 33(2)
3
Omit "Chair" (wherever occurring), substitute "Chief Commissioner".
4
28 Subsection 34(1)
5
Omit "Board", substitute "Commissioners".
6
29 Section 35
7
Omit "Chair's", substitute "Chief Commissioner's".
8
30 Section 36
9
Omit "Board", substitute "Commissioners".
10
31 Subsections 37(1) and (2)
11
Omit "Chair", substitute "Chief Commissioner".
12
32 Section 38
13
Omit "Board", substitute "Commissioners".
14
33 Section 39B
15
Omit "Board", substitute "Commissioners".
16
34 Paragraph 39B(b)
17
Omit "it considers", substitute "the Commissioners consider".
18
35 Section 39C
19
Omit "Board", substitute "Commissioners".
20
36 Paragraph 40A(1)(a)
21
Omit "member of the Board", substitute "Commissioner".
22
37 Section 40B (heading)
23
Omit "
Board
", substitute "
Commissioners
".
24
Schedule 1
Amendments
Part 2
Governance
20
Infrastructure Australia Amendment (Independent Review) Bill 2023
No. , 2023
38 Subsection 40B(1)
1
Omit "Board may, in writing, delegate any or all of its powers",
2
substitute "Commissioners may, in writing, delegate any or all of the
3
Commissioners' powers".
4
39 Paragraph 40B(1)(a)
5
Omit "member of the Board", substitute "Commissioner".
6
40 Subsection 40B(2)
7
Omit "Board", substitute "Commissioners".
8
41 Subsection 40C(2)
9
Omit "the Infrastructure Australia or the Board delegates", substitute
10
"Infrastructure Australia or the Commissioners delegate".
11
42 Application, saving and transitional provisions
12
Things done by or in relation to Board before commencement
13
(1)
A thing done before the commencement of this item under the
14
Infrastructure Australia Act 2008
by, or in relation to, the Board (within
15
the meaning of that Act immediately before that commencement) is
16
taken, after that commencement, to have been done by, or in relation to,
17
the Commissioners.
18
Things done by or in relation to Chair before commencement
19
(2)
A thing done before the commencement of this item under the
20
Infrastructure Australia Act 2008
by, or in relation to, the Chair (within
21
the meaning of that Act immediately before that commencement) is
22
taken, after that commencement, to have been done by, or in relation to,
23
the Chief Commissioner.
24