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2013 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES HIGH SPEED RAIL PLANNING AUTHORITY BILL 2013 EXPLANATORY MEMORANDUM and STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Circulated by authority of Anthony Albanese MPOUTLINE The Bill establishes an Authority to continue work towards establishing high speed rail on the east coast of Australia. FINANCIAL IMPACT The bill will have no financial impact. NOTES ON CLAUSES Clause 1 sets the title of the Act. Clause 2 states that the Act commences on a day when a budget appropriation is made for the operation of the Authority. Clause 3 lists the objects of the Bill - to establish an Authority to advise on, plan and develop high speed rail (HSR) and to ensure the HSR corridor is reserved. Clause 4 outlines the Act. Clause 5 lists definitions. Clause 6 provides that the Crown is bound. Clause 7 establishes the Authority. Clause 8 provides that the Authority will have eleven members. Clause 9 lists the functions and powers of the Authority - including land use planning, efficient development, reducing environmental impacts, ensuring efficient and cost- effective rail transport, and to consult with interested bodies and the public on HSR matters. The Authority is empowered to do all things necessary to perform its functions. Clause 10 provides that the Authority has the privileges and immunities of the Crown. Clause 11 provides for the membership of the Authority, appointed by the Minister. Five members (one of which will be nominated as Chair) who the Minister considers has appropriate qualifications, knowledge, skills or experience; one each nominated by the Governments of NSW, Victoria, Queensland and the ACT; one nominated by the Australian Local Government Association and one appointed by the Australasian Railway Association. Clause 12 provides for three year terms of appointment. Clause 13 provides for acting appointments to the Authority. Division 3 (clauses 14-21) lists standard terms and conditions of appointment of Authority members.
Division 4 (clauses 22-23) sets out the basis under which staff and consultants can be engaged. Part 3 (clauses 24-29) sets out standard rules for the conduct of meetings of the Authority, including calling of meetings, quorum, voting and keeping of minutes. Clause 30 requires for the Authority to provide an Annual Report to the Minister, for presentation to the Parliament, and sets out some required contents. Clause 31 empowers the Minister to require the Authority to report or provide information on specified matters within its functions. Clause 32 allows the Minister to make regulations in support of the objects of the Act.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 HIGH SPEED RAIL PLANNING AUTHORITY BILL 2013 This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the bill The Bill establishes an Authority to continue work towards establishing high speed rail on the east coast of Australia. Human rights implications Nil Conclusion This bill is compatible with human rights because it does not raise any human rights issues. Anthony Albanese MP