South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Infrastructure SA Bill 2018
A BILL FOR
An Act to promote the provision and management of infrastructure for the
benefit of the South Australian community and economy, to establish
Infrastructure SA and for other purposes.
Contents
4Establishment of
Infrastructure SA
9Infrastructure SA may publish statements,
reports and guidelines
Part 3—Infrastructure
planning
Division 1—20-year State
Infrastructure Strategy
2120-year State Infrastructure
Strategy
22Adoption of 20-year State Infrastructure
Strategy
Division 2—Statement of Capital
Intentions
24Statement of Capital Intentions
25Adoption of Statement of
Capital Intentions
Division 3—Preparation of additional
infrastructure strategies, statements or plans
28Publication of additional infrastructure
strategies and plans
Division 4—Collection and use of
information
29Power to require information
30Obligation to preserve
confidentiality
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Infrastructure SA
Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
appointed member of the board means a member appointed by the
Governor under
section 10
;
board means the board of directors established as the
governing body of Infrastructure SA under
Part 2
Division 2
;
director means a person appointed or holding office as a
member of the board under
Part 2
Division 2
;
Infrastructure SA means the body corporate established
under
Part 2
Division 1
;
major infrastructure project means—
(a) a project to provide infrastructure that has a capital investment
value of $50 million or more or, if some other amount (whether greater or
smaller) is prescribed by regulation for the purposes of this definition, that
other amount; or
(b) a project, or a project of a class, to provide infrastructure that is
determined by the Minister to be a project, or project of a class, requiring
oversight or coordination by Infrastructure SA;
private sector includes the not-for-profit sector;
public sector agency has the same meaning as in the
Public
Sector Act 2009
.
(2) For the purposes of this Act—
capital investment value of a project includes all costs
necessary to establish the project (including design, construction and land
costs but not including GST).
4—Establishment
of Infrastructure SA
(1) Infrastructure SA is established.
(2) Infrastructure SA—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name.
(1) The objects of Infrastructure SA are—
(a) to promote such efficient, effective and timely coordination,
planning, prioritisation, delivery and operation of infrastructure as is
necessary for the economic, social or environmental benefit of the State;
and
(b) to promote the adoption and use of policies, practices, information
and analysis to support sound decision-making in relation to
infrastructure.
(2) Infrastructure SA has the following functions to further its
objects:
(a) to provide the Minister with strategies, statements and plans in
accordance with
Part 3
;
(b) to review and evaluate proposals for major infrastructure projects by
public sector agencies;
(c) to assess the risks involved in planning, funding, delivering and
managing infrastructure, and the management of those risks;
(d) to monitor the delivery of—
(i) major infrastructure projects and other infrastructure projects
identified in strategies, statements or plans adopted by the Minister under
Part 3
; and
(ii) any other infrastructure project at the request of the
Minister;
(e) to carry out reviews of—
(i) completed major infrastructure projects; and
(ii) any other completed infrastructure project at the request of the
Minister;
(f) to provide advice to the Minister—
(i) in respect of infrastructure submissions that may be made by the State
and its agencies to the Commonwealth Government and other bodies; and
(ii) on appropriate funding and financing models for infrastructure;
and
(iii) on economic or regulatory impediments to—
(A) the efficient delivery of particular infrastructure projects or
infrastructure projects of a particular class; or
(B) the efficient use of infrastructure; and
(iv) on any other matter relating to infrastructure referred by the
Minister;
(g) to administer this Act;
(h) to perform any other function conferred on Infrastructure SA
under this or any other Act;
(i) to do anything incidental to any of the preceding functions.
Infrastructure SA has all the powers of a natural person and, in
particular, may—
(a) enter into any form of contract or arrangement; and
(b) engage experts and consultants; and
(c) acquire, hold, deal with or dispose of real or personal property;
and
(d) establish and operate ADI accounts and invest money; and
(e) do anything necessary or convenient to be done in the exercise of its
functions.
(1) The Minister must, after consultation with Infrastructure SA, prepare
a statement setting out the Minister's expectations in relation to the
operations and performance of Infrastructure SA.
(2) The Minister may, after consultation with Infrastructure SA, review
and amend the statement at any time.
Except as provided under this or any other Act, Infrastructure SA is
not subject to Ministerial direction in the exercise of its functions or
powers.
9—Infrastructure
SA may publish statements, reports and guidelines
Infrastructure SA may publish statements, reports and guidelines relating
to the performance of its functions.
(1) A board of directors is established as the governing body of
Infrastructure SA.
(2) The board is to consist of—
(a) 4 members appointed by the Governor on the nomination of the Minister;
and
(b) the Chief Executives ex officio—
(i) of the Department of the Premier and Cabinet;
(ii) of the Department of Treasury and Finance;
(iii) of the administrative unit of the Public Service that is responsible
for assisting a Minister in the administration of the
Planning,
Development and Infrastructure Act 2016
.
(3) The Minister must, when nominating persons for appointment to the
board, seek to ensure that, as far as is practicable, the members of the board
collectively have qualifications, knowledge, expertise and experience in
infrastructure planning, funding, delivery, management and other relevant areas
of expertise.
(4) The Minister may appoint 1 of the appointed members to chair meetings
of the board.
(5) The Minister may
appoint another of the appointed members to be the deputy of the director
appointed to chair the board and the deputy may perform or exercise the
functions and powers of that director in that director's absence.
(6) On the office of an appointed member of the board becoming vacant, a
person may be appointed in accordance with this section to the vacant
office.
(1) An appointed member of the board is appointed on conditions determined
by the Governor and for a term, not exceeding 5 years, specified in the
instrument of appointment and, at the expiration of a term of appointment, is
eligible for reappointment.
(2) The Governor
may, on the recommendation of the Minister, remove an appointed member of the
board from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(3) The office of an appointed member of the board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or is sentenced to imprisonment
for an offence; or
(e) becomes bankrupt or applies to take the benefit of a law for the
relief of insolvent debtors; or
(f) is removed from office under
subsection (2)
.
An appointed member of the board is entitled to remuneration, allowances
and expenses determined by the Governor.
(1) A quorum of the board consists of a majority of the members of the
board in office for the time being.
(2) The member of the
board appointed to chair meetings will preside at meetings of the board or, in
the absence of that member, the member appointed under
section 10(5)
to be the deputy of that member will preside.
(3) In the absence of both of the members referred to in
subsection (2)
, another member chosen by those present at the meeting will
preside.
(4) A decision arising at a meeting of the board is a decision of the
board if carried by a majority of the votes cast by members at the
meeting.
(5) Each member present at a meeting of the board has 1 vote on any
question arising for decision and, if the votes are equal, the chair may
exercise a casting vote.
(6) A conference between members constituting a quorum by telephone, audio
visual or other means is a valid meeting of the board if—
(a) a notice of the conference is given to all members in the manner
determined by the board for that purpose; and
(b) the system of communication allows a participating member to
communicate with any other participating member during the conference.
(7) A resolution of the board—
(a) of which prior notice was given to members in accordance with
procedures determined by the board; and
(b) in which at least the majority of members of the board expressed their
concurrence in writing or by electronic communication,
will be taken to be a decision of the board made at a meeting of the
board.
(8) The board must cause accurate minutes to be kept of its
proceedings.
(9) Subject to this Act, the board may regulate its own
procedures.
An act or proceeding of the board is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
(1) Infrastructure SA may delegate any of its functions or
powers.
(2) A delegation—
(a) may be made—
(i) to a particular person or body; or
(ii) to the person for the time being occupying a particular office or
position; and
(b) may be made subject to conditions or limitations specified in the
instrument of delegation; and
(c) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(d) is revocable at will and does not derogate from the power of the
Infrastructure SA to act in any matter.
(1) The staff of Infrastructure SA may comprise—
(a) persons employed in the Public Service of the State and assigned to
assist Infrastructure SA; and
(b) persons appointed by Infrastructure SA on terms and conditions
determined by Infrastructure SA.
(2) Infrastructure SA may, by arrangement with the relevant body,
make use of the services, facilities or staff of an administrative unit or an
instrumentality or agency of the Crown.
The appointed members of the board are senior officials for the purposes of
the
Public
Sector (Honesty and Accountability) Act 1995
.
(1) Infrastructure SA must cause proper accounting records to be kept
in relation to the financial affairs of Infrastructure SA, and must have
annual statements of account prepared in respect of each financial
year.
(2) The Auditor-General may at any time, and must at least once in each
year, audit the accounts of Infrastructure SA.
(1) Infrastructure SA must, on or before 30 September in each year,
deliver to the Minister a report on the work and operations of
Infrastructure SA for the preceding financial year.
(2) The report must contain the audited statements of account of
Infrastructure SA for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a report
under this section, have copies of the report laid before both Houses of
Parliament.
Part 3—Infrastructure
planning
Division 1—20-year
State Infrastructure Strategy
(1) Infrastructure SA must prepare a 20-year State Infrastructure
Strategy.
(2) The Strategy must be prepared and submitted to the Minister within
such time as the Minister directs.
(3) Infrastructure SA must review the Strategy at least once in every
5 years (and at such other times as the Minister directs) and, following any
such review, submit a revised Strategy to the Minister.
21—20-year
State Infrastructure Strategy
(1) The 20-year State Infrastructure Strategy must—
(a) be consistent with Infrastructure SA's objects; and
(b) assess the State's existing infrastructure; and
(c) consider relevant current State Government strategies; and
(d) consider relevant information provided by the public, private and
not-for-profit sectors; and
(e) consider trends in infrastructure provision; and
(f) assess the needs, strategic goals and priorities for infrastructure in
the State for the next 20 years.
(2) The Strategy may include—
(a) a statement of social, economic and environmental objectives with
respect to infrastructure in the State; and
(b) an assessment of the options relating to planning, funding, delivering
and managing infrastructure in the State to address the State's needs, strategic
goals and priorities for infrastructure for the next 20 years,
including—
(i) options involving infrastructure projects; and
(ii) policies and other reforms (such as the management of infrastructure
demand or structural reforms); and
(c) the identification of action that would best address the State's
needs, strategic goals and priorities for infrastructure for the next 20 years;
and
(d) such recommendations as Infrastructure SA thinks fit.
22—Adoption
of 20-year State Infrastructure Strategy
(1) The Minister must consider the 20-year State Infrastructure Strategy
submitted by Infrastructure SA and adopt the Strategy, with or without
amendments, or refer it back to Infrastructure SA for further
consideration.
(2) The Minister must—
(a) notify Infrastructure SA of the Minister's decision;
and
(b) make the adopted Strategy publicly available.
(3) If the Minister makes an amendment to the Strategy before it is
adopted by the Minister, Infrastructure SA may advise the Minister that it does
not agree with the amendment and make that advice available to the
public.
Division 2—Statement
of Capital Intentions
(1) Infrastructure SA must prepare a Statement of Capital Intentions
identifying the specific major infrastructure projects to be undertaken in the
State as a priority within the next 5 years.
(2) The Statement must be prepared and submitted to the Minister within
such time as the Minister directs.
(3) Infrastructure SA must review the Statement at least once in
every year (and at such other times as the Minister directs) and, following any
such review, submit a revised Statement to the Minister.
24—Statement
of Capital Intentions
(1) A Statement of Capital Intentions may include the following in
relation to the identified priority major infrastructure projects:
(a) the reasons for selecting the major infrastructure projects as
priority projects;
(b) the estimated cost of the priority projects;
(c) the recommended funding and delivery arrangements for the priority
projects;
(d) the estimated timeframe for the delivery of the priority
projects.
(2) In preparing the Statement, Infrastructure SA must have regard to
the following:
(a) the 20-year State Infrastructure Strategy adopted by the
Minister;
(b) any proposal for a priority project provided to Infrastructure SA by a
public sector agency.
25—Adoption
of Statement of Capital Intentions
(1) The Minister must consider a Statement of Capital Intentions submitted
by Infrastructure SA and adopt the Statement, with or without amendments,
or refer it back to Infrastructure SA for further consideration.
(2) The Minister—
(a) must notify Infrastructure SA of the Minister's decision;
and
(b) may make the adopted Statement publicly available.
(3) If the Minister makes an amendment to the Statement before it is
adopted by the Minister, Infrastructure SA may advise the Minister that it does
not agree with the amendment and make that advice available to the
public.
Division 3—Preparation
of additional infrastructure strategies, statements or
plans
(1) In addition to the preparation of the 20-year State Infrastructure
Strategy and the Statement of Capital Intentions,
Infrastructure SA—
(a) may, from time to time, on its own initiative; and
(b) must, on the request of the Minister,
prepare other strategies, statements or plans relating to infrastructure in
the State.
(2) A strategy, statement or plan that has been requested by the Minister
must be prepared and submitted to the Minister within such time as the Minister
directs.
(1) The Minister must consider a strategy, statement or plan submitted by
Infrastructure SA under this Division and adopt it, with or without
amendments, or refer it back to Infrastructure SA for further
consideration.
(2) The Minister—
(a) must notify Infrastructure SA of the Minister's decision;
and
(b) may make the adopted strategy, statement or plan publicly
available.
(3) If the Minister makes an amendment to any strategy, statement or plan
before it is adopted by the Minister, Infrastructure SA may advise the Minister
that it does not agree with the amendment and make that advice available to the
public.
28—Publication
of additional infrastructure strategies and plans
Infrastructure SA may publish a strategy, statement or plan prepared
on its own initiative under this Division on its website.
Division 4—Collection
and use of information
29—Power
to require information
(1) Infrastructure SA
may, by written notice served personally or by post, require a person to provide
Infrastructure SA with such information and material as may be reasonably
required for the purposes of assisting Infrastructure SA in the performance
of its functions under this Act.
(2) A person required to provide information or material under
subsection (1)
must—
(a) provide the information and material within the time specified in the
notice (which must be reasonable); and
(b) provide the information and material in the manner and form specified
in the notice (which may, for example, include the provision of a business
case).
Maximum penalty: $20 000.
(3) A person cannot be compelled to give information under this section if
the information might tend to incriminate the person of an offence or is
privileged on the ground of legal professional privilege.
30—Obligation
to preserve confidentiality
(1) Information
gained under this Part that—
(a) could affect the competitive position of a person; or
(b) is commercially sensitive for some other reason,
is, for the purposes of this Act, confidential information and a person
performing a function under this Act is guilty of an offence if the person
discloses such information otherwise than as authorised under this
section.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2) Confidential
information may be disclosed if—
(a) the disclosure is made to another who is also performing a function
under this Act; or
(b) the disclosure is made with the consent of the person who gave the
information or to whom the information relates; or
(c) the disclosure is authorised or required under any other Act or law;
or
(d) the disclosure is authorised or required by a court or tribunal
constituted by law; or
(e) the disclosure is authorised by regulation.
(3) Infrastructure SA may disclose confidential information if
Infrastructure SA is of the opinion that the public benefit in making the
disclosure outweighs any detriment that might be suffered by a person in
consequence of the disclosure.
(4) If a person, when giving information to Infrastructure SA in
response to a requirement of Infrastructure SA under this Part, claims that
the information is confidential information, Infrastructure SA must, before
disclosing the information otherwise than as referred to in
subsection (2)
, give the person written notice of the proposed disclosure and the reasons
for the disclosure.
(5) A person performing a function under this Act must not use
confidential information for the purpose of securing a private benefit for
themself or for some other person.
Maximum penalty: $20 000 or imprisonment for 2 years.
(6) Information classified by Infrastructure SA as being confidential
under
subsection (1)
is not liable to disclosure under the
Freedom
of Information Act 1991
.
Infrastructure SA may require a person who is required by or under
this Act to give information to Infrastructure SA to verify the information
to be given by statutory declaration and, in that event, the person will not be
taken to have given the information as required unless it has been verified in
accordance with the requirements of Infrastructure SA.
(1) A notice or
other document required or authorised to be given to or served on a person under
this Act may be given or served—
(a) by delivering it personally to the person or an agent of the person;
or
(b) by leaving it for the person at the person's place of residence or
business with someone apparently over the age of 16 years; or
(c) by posting it to the person or agent of the person at the person's or
agent's last known place of residence or business.
(2) Without limiting the effect of
subsection (1)
, a notice or other document required or authorised to be given to or
served on a person may be given to or served on the person in accordance with
the Corporations Act 2001 of the Commonwealth (if applicable to the
person).
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting
subsection (1)
, the regulations may—
(a) prescribe, or provide for the calculation of, fees to be paid in
respect of any matter under this Act and the recovery, refund, waiver or
reduction of such fees; and
(b) prescribe penalties not exceeding $5 000 for contravention of a
regulation.
(3) The regulations may—
(a) be of general application or limited in application according to the
persons, areas, times or circumstances to which it is expressed to apply;
and
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined, regulated or prohibited according to the discretion of
the Minister or Infrastructure SA.