Commonwealth of Australia Explanatory Memoranda

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INFRASTRUCTURE AUSTRALIA AMENDMENT BILL 2013

                                     2013-2014




       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                     SENATE




        INFRASTRUCTURE AUSTRALIA AMENDMENT BILL 2013




             SUPPLEMENTARY EXPLANATORY MEMORANDUM




              Amendments to be Moved on Behalf of the Government




(Circulated by Authority of the Minister for Infrastructure and Regional Development,
                              the Hon Warren Truss MP)
INFRASTRUCTURE AUSTRALIA AMENDMENT BILL 2013


OUTLINE

The Infrastructure Australia Amendment Bill 2013 (the Bill) strengthens the role of Infrastructure
Australia, as an independent, transparent and expert advisory body through a change in its
governance structure and through better clarification of its functions.

The Bill was passed by the House of Representatives on 10 December 2013 and introduced into the
Senate on 11 December 2013. The Senate Selection of Bills Committee referred the Bill to the
Rural and Regional Affairs and Transport Legislation Committee (Senate Committee) for inquiry
and report by
17 March 2014.

While the Senate Committee recommended the Bill to be passed in its current form, the
amendments to the Bill are in response to issues raised by some stakeholders through the
Parliamentary inquiry and through other Government consultative processes.


FINANCIAL IMPACT STATEMENT

There will be no impact on the Australian Government Budget flowing from these amendments to
the Bill.
INFRASTRUCTURE AUSTRALIA AMENDMENT BILL 2013

NOTES ON CLAUSES

Schedule 1 - Amendments

Item 8 - Subsection 5A(2) - Functions - evaluating infrastructure proposals

This amendment deletes this Subsection that provided for the Minister to determine a class of
proposals that Infrastructure Australia must not evaluate.

This has the effect of removing the authority for the Minister to determine that Infrastructure
Australia must not evaluate certain proposals.

The original intent of referring to a class of proposals was to exclude proposals seeking
Commonwealth funding under $100 million.

Item 8 - Subsection 5A(3) - Functions - evaluating infrastructure proposals

This amendment deletes the text in Subsection 5A(3) "or Subsection (2)". It is a consequential
amendment from deleting Subsection 5A(2).

Item 8 - Section 5D - Functions only performed when directed by the Minister

This amendment deletes Section 5D that provided for functions to be performed only when directed
by the Minister.

This has the effect of removing the Minister's authority to direct Infrastructure Australia on the
publication of materials and to confer additional functions such as provisions for advice on the
harmonisation of policies and laws relating to development and investment of infrastructure.

The original intent of this section was to provide a positive power which allowed the Minister to
direct Infrastructure Australia to publish its findings, while striking the right balance with
commercial in confidence matters. This will now be the responsibility of Infrastructure Australia in
accordance with general law principles.

Item 9 - Subsections 6(3) and (4)

This amendment deletes Subsections 6(3) and (4) which provided a ministerial power to specify
requirements related to the scope and manner in which Infrastructure Australia was to perform the
function. This has the effect of retaining Subsections 6(3) and (4) of the Infrastructure Australia
Act 2008.

The original intent of these Subsections was to ensure that Infrastructure Australia undertook its
functions in a timely manner and provided advice on key policy issues relating to Government
priorities.

Item 39 - Subsection 39C(a) - Additional Content For Annual Report

This amendment deletes the text in Subsection 39C(a) "paragraph 5D(1)(c) or" . It is a
consequential amendment from deleting Section 5D.

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Item 41 - Section 40

This amendment deletes the text in Section 40 "paragraph 5D(1)(c) or". It is a consequential
amendment from deleting Section 5D.




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