Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Northern Australia Infrastructure
Facility Bill 2016
No. , 2016
(Industry, Innovation and Science)
A Bill for an Act to establish the Northern
Australia Infrastructure Facility, and for related
purposes
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of this Act ............................................................................. 2
4
Simplified outline of this Act ............................................................ 2
5
Definitions ......................................................................................... 3
Part 2--Northern Australia Infrastructure Facility
5
6
Establishment .................................................................................... 5
7
Functions of Facility .......................................................................... 5
8
Time limit for making decisions to provide financial
assistance ........................................................................................... 6
Part 3--Investment Mandate
7
9
Investment Mandate .......................................................................... 7
10
Matters covered by Investment Mandate ........................................... 7
Part 4--Consideration by Minister
8
11
Consideration by Minister ................................................................. 8
12
Process if Minister decides that financial assistance should
not be provided .................................................................................. 9
Part 5--Board of the Facility
10
13
Establishment of Board ................................................................... 10
14
Functions of Board .......................................................................... 10
15
Appointment of members ................................................................ 11
16
Acting appointment as Chair ........................................................... 11
17
Remuneration of members ............................................................... 12
18
Leave of absence ............................................................................. 12
19
Other terms and conditions .............................................................. 12
20
Resignation of members .................................................................. 12
21
Termination of appointment ............................................................ 13
22
Board meetings ................................................................................ 13
23
Presiding at Board meetings ............................................................ 14
24
Quorum at Board meetings .............................................................. 14
25
Voting at Board meetings ................................................................ 14
26
Conduct of Board meetings ............................................................. 14
27
Decisions without meetings ............................................................. 14
Part 6--Administration
16
28
Chief Executive Officer ................................................................... 16
ii
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
29
CEO to act in accordance with policies and directions of
Board ............................................................................................... 16
30
Appointment of CEO ....................................................................... 16
31
Acting appointment as CEO ............................................................ 17
32
Remuneration of CEO ..................................................................... 17
33
Leave of absence of CEO ................................................................ 17
34
Outside employment ........................................................................ 18
35
Other terms and conditions .............................................................. 18
36
Resignation of CEO ......................................................................... 18
37
Termination of appointment of CEO ............................................... 18
38
Staff ................................................................................................. 19
39
Consultants ...................................................................................... 19
Part 7--Miscellaneous
20
40
Facility may charge fees .................................................................. 20
41
Appropriation of Consolidated Revenue Fund ................................ 20
42
Annual report ................................................................................... 20
43
Review of operation of Act ............................................................. 21
44
Regulations ...................................................................................... 21
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
1
A Bill for an Act to establish the Northern
1
Australia Infrastructure Facility, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Northern Australia Infrastructure
8
Facility Act 2016.
9
Part 1 Preliminary
Section 2
2
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2016.
1 July 2016
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
(1) The object of this Act is to provide grants of financial assistance to
14
the States and Territories for the construction of Northern Australia
15
economic infrastructure.
16
(2) Northern Australia economic infrastructure is infrastructure that:
17
(a) provides a basis for economic growth in Northern Australia;
18
and
19
(b) stimulates population growth in Northern Australia.
20
Note:
Infrastructure located outside Northern Australia can be Northern
21
Australia economic infrastructure as long as it meets the requirements
22
set out in paragraphs (2)(a) and (b).
23
4 Simplified outline of this Act
24
•
This Act establishes the Northern Australia Infrastructure
25
Facility and provides for the Facility:
26
Preliminary Part 1
Section 5
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
3
(a)
to grant financial assistance to States and Territories for
1
the construction of Northern Australia economic
2
infrastructure; and
3
(b)
to determine terms and conditions for the grants of
4
financial assistance; and
5
(c)
as agreed between the Facility and the States and
6
Territories, to provide incidental assistance to the States
7
and Territories in relation to financial arrangements and
8
agreements related to the terms and conditions of the
9
grants of financial assistance.
10
•
The Facility must act in accordance with directions given by
11
the Minister. The directions are known as the Investment
12
Mandate.
13
•
The Minister has the opportunity to consider proposals to
14
provide financial assistance for Northern Australia economic
15
infrastructure, and may decide that particular financial
16
assistance should not be provided.
17
5 Definitions
18
In this Act:
19
Board means the Board of the Facility.
20
CEO means the Chief Executive Officer of the Facility.
21
Chair means the Chair of the Board.
22
Facility means the Northern Australia Infrastructure Facility
23
established by section 6.
24
Investment Mandate: see subsection 9(2).
25
member means a member of the Board and includes the Chair.
26
Minister's consideration period: see subsection 11(3).
27
Northern Australia means the area that includes the following:
28
(a) the Northern Territory;
29
Part 1 Preliminary
Section 5
4
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
(b) the areas of Queensland and Western Australia that are North
1
of the Tropic of Capricorn other than the Exmouth Statistical
2
Area level 2;
3
(c) the areas South of the Tropic of Capricorn of each Statistical
4
Area level 2 that has an area covered by paragraph (b);
5
(d) the town of Exmouth (despite paragraph (b));
6
(e) the following Statistical Areas level 2:
7
(i) Gladstone;
8
(ii) Gladstone Hinterland;
9
(iii) Newman;
10
(f) the territorial sea adjacent to areas covered by paragraphs (a)
11
to (e).
12
Northern Australia economic infrastructure: see subsection 3(2).
13
proposal notice: see subsection 11(2).
14
rejection notice: see subsection 11(4).
15
Statistical Area level 2 means a statistical area level 2 recognised
16
by the Australian Bureau of Statistics.
17
Northern Australia Infrastructure Facility Part 2
Section 6
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
5
Part 2--Northern Australia Infrastructure Facility
1
2
6 Establishment
3
(1) The Northern Australia Infrastructure Facility is established by this
4
section.
5
Note:
The Public Governance, Performance and Accountability Act 2013
6
applies to the Facility. That Act deals with matters relating to
7
Commonwealth entities, including reporting and the use and
8
management of public resources.
9
(2) The Facility:
10
(a) is a body corporate; and
11
(b) must have a seal; and
12
(c) may acquire, hold and dispose of real and personal property;
13
and
14
(d) may sue and be sued.
15
(3) The Facility's seal is to be kept in such custody as the Board
16
directs and must not be used except as authorised by the Board.
17
7 Functions of Facility
18
(1) The functions of the Facility are:
19
(a) to grant financial assistance to States and Territories for the
20
construction of Northern Australia economic infrastructure;
21
and
22
(b) to determine terms and conditions for the grants of financial
23
assistance; and
24
(c) as agreed between the Facility and the States and Territories,
25
to provide incidental assistance to the States and Territories
26
in relation to financial arrangements and agreements related
27
to the terms and conditions of the grants of financial
28
assistance.
29
Part 2 Northern Australia Infrastructure Facility
Section 8
6
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
(2) The Facility has the power to do all things necessary or convenient
1
to be done for or in connection with the performance of its
2
functions.
3
8 Time limit for making decisions to provide financial assistance
4
(1) The Facility must not make a decision after 30 June 2021 to
5
provide financial assistance for the construction of Northern
6
Australia economic infrastructure.
7
(2) However, subsection (1) does not prevent the Facility from doing
8
either of the following:
9
(a) deciding before 30 June 2021 to provide financial assistance
10
after that day;
11
(b) varying the terms and conditions for financial assistance
12
provided before or after 30 June 2021.
13
Investment Mandate Part 3
Section 9
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
7
Part 3--Investment Mandate
1
2
9 Investment Mandate
3
(1) The Minister must, by legislative instrument, give directions to the
4
Facility about the performance of the Facility's functions.
5
Note:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
6
to the direction--see regulations made for the purposes of
7
paragraph 44(2)(b) of that Act.
8
(2) The directions are the Investment Mandate.
9
(3) In performing its functions, the Facility must take all reasonable
10
steps to comply with the Investment Mandate.
11
Limit on Investment Mandate
12
(4) The Investment Mandate must not direct, or have the effect of
13
directing, the Facility to provide financial assistance:
14
(a) for the construction of particular infrastructure; or
15
(b) in relation to a particular person.
16
10 Matters covered by Investment Mandate
17
The Investment Mandate may include directions about the
18
following:
19
(a) objectives the Facility is to pursue in providing financial
20
assistance;
21
(b) strategies and policies to be followed for the effective
22
performance of the Facility's functions;
23
(c) loan characteristics for circumstances in which financial
24
assistance is used to provide or support loans;
25
(d) providing financial assistance for purposes other than to
26
provide or support loans;
27
(e) eligibility criteria for financial assistance;
28
(f) risk and return in relation to providing financial assistance;
29
(g) any other matters the Minister thinks appropriate.
30
Part 4 Consideration by Minister
Section 11
8
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
Part 4--Consideration by Minister
1
2
11 Consideration by Minister
3
(1) The Facility must not provide financial assistance:
4
(a) before the end of the Minister's consideration period; or
5
(b) if the Minister has notified the Facility in writing that the
6
financial assistance should not be provided.
7
(2) If the Facility proposes to provide financial assistance, the Facility
8
must give the Minister written notice of the proposal (the proposal
9
notice).
10
(3) The Minister's consideration period is:
11
(a) unless paragraph (b) applies--the period that ends 21 days
12
after the proposal notice is given; or
13
(b) if, within that period of 21 days, or that period as extended,
14
the Minister requires by written notice given to the Facility
15
an extension of that period--that extended period, which
16
must end not later than 60 days after the proposal notice is
17
given.
18
(4) At any time during the Minister's consideration period, the
19
Minister may notify the Facility in writing (the rejection notice)
20
that the financial assistance should not be provided.
21
(5) However, the Minister may give the rejection notice only if the
22
Minister is satisfied that providing the financial assistance would:
23
(a) be inconsistent with the objectives and policies of the
24
Commonwealth Government; or
25
(b) have adverse implications for Australia's national or
26
domestic security; or
27
(c) have an adverse impact on Australia's international
28
reputation or foreign relations.
29
Consideration by Minister Part 4
Section 12
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
9
12 Process if Minister decides that financial assistance should not be
1
provided
2
(1) A rejection notice must be accompanied by the Minister's written
3
reasons for the notice.
4
(2) Within 20 sitting days after the rejection notice is given, the
5
Minister must table the notice in each House of the Parliament.
6
Note:
The rejection notice must also be included in the Facility's annual
7
report: see paragraphs 42(b) and (c).
8
Part 5 Board of the Facility
Section 13
10
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
Part 5--Board of the Facility
1
2
13 Establishment of Board
3
(1) The Board of the Facility is established by this section.
4
(2) The Board consists of:
5
(a) the Chair; and
6
(b) no less than 4 and no more than 6 other members.
7
(3) The performance of the functions or the exercise of the powers of
8
the Board is not affected by reason only of the number of members
9
falling below 5 for a period of not more than 6 months.
10
14 Functions of Board
11
(1) The functions of the Board are:
12
(a) to decide, within the scope of the Investment Mandate, the
13
strategies and policies to be followed by the Facility; and
14
(b) to ensure the proper, efficient and effective performance of
15
the Facility's functions; and
16
(c) any other functions conferred on the Board by this Act.
17
(2) Anything that the Board does in the Facility's name, or on the
18
Facility's behalf, is taken to have been done by the Facility.
19
(3) The Board has the power to do all things necessary or convenient
20
to be done for or in connection with the performance of its
21
functions.
22
(4) If a function or power of the Facility is dependent on the opinion,
23
belief or state of mind of the Facility in relation to a matter, the
24
function or power may be exercised upon the opinion, belief or
25
state of mind of a person or body acting as mentioned in
26
subsection (3) in relation to that matter.
27
Board of the Facility Part 5
Section 15
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
11
15 Appointment of members
1
(1) Members of the Board (including the Chair) are to be appointed by
2
the Minister by written instrument.
3
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
4
1901.
5
(2) A member must be appointed on a part-time basis.
6
(3) A member holds office for the period specified in his or her
7
instrument of appointment. The period must not exceed 3 years.
8
(4) A person is not eligible for appointment as a member unless the
9
person has experience or expertise in one or more of the following
10
fields:
11
(a) banking and finance;
12
(b) private equity or investment by way of lending or provision
13
of credit;
14
(c) economics;
15
(d) infrastructure planning and financing;
16
(e) engineering;
17
(f) government funding programs or bodies;
18
(g) financial accounting or auditing;
19
(h) law.
20
16 Acting appointment as Chair
21
The Minister may, by written instrument, appoint a member to act
22
as the Chair:
23
(a) during a vacancy in the office of Chair (whether or not an
24
appointment has previously been made to the office); or
25
(b) during any period, or during all periods, when the Chair:
26
(i) is absent from duty or from Australia; or
27
(ii) is, for any reason, unable to perform the duties of the
28
office.
29
Note:
For rules that apply to acting appointments, see sections 33AB and
30
33A of the Acts Interpretation Act 1901.
31
Part 5 Board of the Facility
Section 17
12
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
17 Remuneration of members
1
(1) A member is to be paid the remuneration that is determined by the
2
Remuneration Tribunal. If no determination of that remuneration
3
by the Tribunal is in operation, the member is to be paid the
4
remuneration that is prescribed under subsection (4).
5
(2) A member is to be paid the allowances that are prescribed under
6
subsection (4).
7
(3) This section has effect subject to the Remuneration Tribunal Act
8
1973.
9
(4) The Minister may, by legislative instrument, prescribe:
10
(a) remuneration for the purposes of subsection (1); and
11
(b) allowances for the purposes of subsection (2).
12
18 Leave of absence
13
(1) The Minister may grant leave of absence to the Chair on the terms
14
and conditions that the Minister determines.
15
(2) The Chair may grant leave of absence to a member (other than the
16
Chair) on the terms and conditions that the Chair determines.
17
19 Other terms and conditions
18
A member holds office on the terms and conditions (if any) in
19
relation to matters not covered by this Act that are determined by
20
the Minister.
21
20 Resignation of members
22
(1) A member may resign his or her appointment by giving the
23
Minister a written resignation.
24
(2) The resignation takes effect on the day it is received by the
25
Minister or, if a later day is specified in the resignation, on that
26
later day.
27
Board of the Facility Part 5
Section 21
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
13
21 Termination of appointment
1
(1) The Minister may terminate the appointment of a member:
2
(a) for misbehaviour; or
3
(b) if the member is unable to perform the duties of his or her
4
office because of physical or mental incapacity; or
5
(c) if the Minister is satisfied that the member's performance has
6
been unsatisfactory.
7
(2) The Minister may terminate the appointment of a member if the
8
member:
9
(a) becomes bankrupt; or
10
(b) takes steps to take the benefit of any law for the relief of
11
bankrupt or insolvent debtors; or
12
(c) compounds with one or more of his or her creditors; or
13
(d) makes an assignment of his or her remuneration for the
14
benefit of one or more of his or her creditors.
15
(3) The Minister may terminate the appointment of a member if the
16
member is absent, except on leave of absence, from 3 consecutive
17
meetings of the Board.
18
Note:
The appointment of a member may also be terminated under
19
section 30 of the Public Governance, Performance and Accountability
20
Act 2013 (which deals with terminating the appointment of an
21
accountable authority, or a member of an accountable authority, for
22
contravening general duties of officials).
23
22 Board meetings
24
(1) The Chair:
25
(a) must convene at least 2 meetings of the Board in each
26
financial year; and
27
(b) may convene other meetings of the Board if, in the Chair's
28
opinion, the meetings are necessary for the efficient
29
performance of the Board's functions.
30
(2) The Minister may, at any time, direct the Chair to convene a
31
meeting of the Board.
32
Part 5 Board of the Facility
Section 23
14
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
(3) The Chair must convene a meeting of the Board if at least 4
1
members by writing request the Chair to convene a meeting.
2
23 Presiding at Board meetings
3
(1) The Chair must preside at a meeting at which he or she is present.
4
(2) If the Chair is not present at a meeting, the members present must
5
appoint a member to preside.
6
24 Quorum at Board meetings
7
At a meeting of the Board a quorum is constituted by:
8
(a) if there are 6 or more appointed members--4 members; and
9
(b) otherwise--3 members.
10
Note:
Section 33B of the Acts Interpretation Act 1901 provides for
11
participation in meetings by telephone etc.
12
25 Voting at Board meetings
13
(1) A question arising at a meeting of the Board is to be determined by
14
a majority of the votes of the members present and voting.
15
Note:
For rules about members being present and voting, see section 29 of
16
the Public Governance, Performance and Accountability Act 2013,
17
and rules made under that section.
18
(2) The person presiding at a meeting of the Board has a deliberative
19
vote and, in the event of an equality of votes, also has a casting
20
vote.
21
26 Conduct of Board meetings
22
(1) The Board may regulate proceedings at its meetings as it considers
23
appropriate.
24
(2) The Board must keep minutes of its meetings.
25
27 Decisions without meetings
26
(1) The Board is taken to have made a decision at a meeting if:
27
Board of the Facility Part 5
Section 27
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
15
(a) without meeting, a majority of the members entitled to vote
1
on the proposed decision indicate agreement with the
2
decision; and
3
(b) that agreement is indicated in accordance with the method
4
determined by the Board under subsection (2); and
5
(c) all the members were informed of the proposed decision, or
6
reasonable efforts were made to inform all members of the
7
proposed decision.
8
(2) Subsection (1) applies only if the Board:
9
(a) has determined that it may make decisions of that kind
10
without meeting; and
11
(b) has determined the method by which members are to indicate
12
agreement with proposed decisions.
13
(3) For the purposes of paragraph (1)(a), a member is not entitled to
14
vote on a proposed decision if the member would not have been
15
entitled to vote on that proposal if the matter had been considered
16
at a meeting of the Board.
17
(4) The Board must keep a record of decisions made in accordance
18
with this section.
19
Part 6 Administration
Section 28
16
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
Part 6--Administration
1
2
28 Chief Executive Officer
3
(1) There is to be a Chief Executive Officer of the Facility.
4
(2) The CEO is responsible for the day-to-day administration of the
5
Facility.
6
(3) The CEO also has any functions conferred on the CEO by or under
7
this Act or any other law.
8
(4) The CEO has power to do all things necessary or convenient to be
9
done for or in connection with the performance of his or her
10
functions.
11
29 CEO to act in accordance with policies and directions of Board
12
(1) The CEO must act in accordance with policies determined by the
13
Board.
14
(2) The Board may give written directions to the CEO about the
15
performance of the CEO's functions. The CEO must comply with a
16
direction.
17
(3) A direction made under subsection (2) is not a legislative
18
instrument.
19
30 Appointment of CEO
20
(1) The CEO is to be appointed by the Board by written instrument for
21
a period of up to 5 years.
22
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
23
1901.
24
(2) The CEO may be appointed on a full-time or part-time basis.
25
(3) A member must not be appointed as the CEO.
26
Administration Part 6
Section 31
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
17
31 Acting appointment as CEO
1
The Board may appoint a person to act as the CEO:
2
(a) during a vacancy in the office of CEO (whether or not an
3
appointment has previously been made to the office); or
4
(b) during any period, or during all periods, when the CEO:
5
(i) is absent from duty or from Australia; or
6
(ii) is, for any reason, unable to perform the duties of the
7
office.
8
Note:
For rules that apply to acting appointments, see sections 33AB and
9
33A of the Acts Interpretation Act 1901.
10
32 Remuneration of CEO
11
(1) The CEO is to be paid the remuneration that is determined by the
12
Remuneration Tribunal. If no determination of that remuneration
13
by the Tribunal is in operation, the CEO is to be paid the
14
remuneration that is prescribed under subsection (4).
15
(2) The CEO is to be paid the allowances that are prescribed under
16
subsection (4).
17
(3) This section has effect subject to the Remuneration Tribunal Act
18
1973.
19
(4) The Minister may, by legislative instrument prescribe:
20
(a) remuneration for the purposes of subsection (1); and
21
(b) allowances for the purposes of subsection (2).
22
33 Leave of absence of CEO
23
(1) A full-time CEO has the recreation leave entitlements that are
24
determined by the Remuneration Tribunal.
25
(2) The Board may grant a full-time CEO leave of absence, other than
26
recreation leave, on the terms and conditions as to remuneration or
27
otherwise that the Board determines.
28
(3) The Board may grant leave of absence to a part-time CEO on the
29
terms and conditions that the Board determines.
30
Part 6 Administration
Section 34
18
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
34 Outside employment
1
(1) If the CEO is appointed on a full-time basis, the CEO must not
2
engage in any work (whether paid or unpaid) outside the duties of
3
his or her office without the Chair's approval.
4
(2) If the CEO is appointed on a part-time basis, the CEO must not
5
engage in any work (whether paid or unpaid) that conflicts or could
6
conflict with the proper performance of his or her duties.
7
35 Other terms and conditions
8
The CEO holds office on the terms and conditions (if any) in
9
relation to matters not covered by this Act that are determined by
10
the Board.
11
36 Resignation of CEO
12
(1) The CEO may resign his or her appointment by giving the Board a
13
written resignation.
14
(2) The resignation takes effect on the day it is received by the Board
15
or, if a later day is specified in the resignation, on that later day.
16
37 Termination of appointment of CEO
17
(1) The Board may terminate the appointment of the CEO:
18
(a) for misbehaviour; or
19
(b) if the CEO is unable to perform the duties of his or her office
20
because of physical or mental incapacity.
21
(c) if the Board is satisfied that the CEO's performance has been
22
unsatisfactory.
23
(2) The Board may terminate the appointment of the CEO if the CEO:
24
(a) becomes bankrupt; or
25
(b) takes steps to take the benefit of any law for the relief of
26
bankrupt or insolvent debtors; or
27
(c) compounds with one or more of his or her creditors; or
28
(d) makes an assignment of his or her remuneration for the
29
benefit of one or more of his or her creditors.
30
Administration Part 6
Section 38
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
19
(3) If the CEO is appointed on a full-time basis, the Board may
1
terminate the appointment if:
2
(a) the CEO is absent, except on leave of absence, for 14
3
consecutive days or for 28 days in any 12 months; or
4
(b) the CEO engages, without the Chair's approval, in work
5
(whether paid or unpaid) outside the duties of his or her
6
office (see subsection 34(1)).
7
(4) If the CEO is appointed on a part-time basis, the Board may
8
terminate the appointment if the CEO engages in work (whether
9
paid or unpaid) that conflicts or could conflict with the proper
10
performance of his or her duties (see subsection 34(2)).
11
(5) The Board may terminate the appointment of the CEO if the CEO
12
fails, without reasonable excuse, to comply with section 29 of the
13
Public Governance, Performance and Accountability Act 2013
14
(which deals with the duty to disclose interests) or rules made for
15
the purposes of that section.
16
38 Staff
17
(1) The Facility may employ such persons as it considers necessary for
18
the performance of its functions and the exercise of its powers.
19
(2) An employee is to be employed on the terms and conditions that
20
the Facility determines in writing.
21
Arrangements relating to staff
22
(3) The Facility may make arrangements for the services of officers or
23
employees of the following to be made available to the Facility:
24
(a) the Commonwealth, a State or a Territory;
25
(b) an authority of the Commonwealth or of a State or Territory;
26
(c) any other organisation or body.
27
39 Consultants
28
The Facility may engage consultants to assist in the performance of
29
its functions.
30
Part 7 Miscellaneous
Section 40
20
Northern Australia Infrastructure Facility Bill 2016
No. , 2016
Part 7--Miscellaneous
1
2
40 Facility may charge fees
3
(1) The Facility may charge a fee in relation to anything done in
4
performing its functions.
5
(2) A fee must not be such as to amount to taxation.
6
41 Appropriation of Consolidated Revenue Fund
7
The Consolidated Revenue Fund is appropriated to the extent of $5
8
billion for the purposes of providing grants of financial assistance
9
to the States and Territories for the construction of Northern
10
Australia economic infrastructure.
11
42 Annual report
12
The annual report prepared by the Board and given to the Minister
13
under section 46 of the Public Governance, Performance and
14
Accountability Act 2013 for a period must include the following:
15
(a) the particulars of any changes to the Investment Mandate
16
during the period and their impact on the operations of the
17
Facility;
18
(b) a summary of the proposal notices given by the Facility to the
19
Minister during the period;
20
(c) a summary of any rejection notices given by the Minister
21
during the period and the Minister's reasons for giving the
22
notices;
23
(d) for financial assistance provided by the Facility during the
24
period, a summary of:
25
(i) the amounts of financial assistance and kinds of
26
Northern Australia economic infrastructure concerned;
27
and
28
(ii) the kinds of loan contracts used, and their important
29
features;
30
(iii) the risks and returns to the Commonwealth;
31
Miscellaneous Part 7
Section 43
No. , 2016
Northern Australia Infrastructure Facility Bill 2016
21
(e) a summary of any adjustments or concessions made by the
1
Facility during the period in relation to Northern Australia
2
economic infrastructure projects that have not progressed as
3
planned.
4
43 Review of operation of Act
5
(1) The Minister must cause a review of the operation of this Act to be
6
undertaken as soon as possible after the period of 3 years
7
beginning when this Act commences.
8
(2) Without limiting the matters to be covered by the review, the
9
review must consider:
10
(a) whether the time limit of 30 June 2021 set out in section 8 for
11
making decisions to provide financial assistance should be
12
extended; and
13
(b) the appropriate governance arrangements for the Facility
14
after that date.
15
(3) The persons undertaking the review must give the Minister a
16
written report of the review.
17
(4) The Minister must cause a copy of the report of the review to be
18
tabled in each House of the Parliament within 15 sitting days of
19
that House after the report is given to the Minister.
20
44 Regulations
21
The Governor-General may make regulations prescribing matters:
22
(a) required or permitted by this Act to be prescribed by the
23
regulations; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to this Act.
26