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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Regional Development Victoria Amendment (Jobs
and Infrastructure) Bill 2015
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Regional Development Victoria Act 2002 3
3 Heading to Part 1 inserted 3
4 Purpose 3
5 Definitions 3
6 Heading to Part 2 inserted 4
7 Functions and powers of Regional Development Victoria 5
8 Functions, powers and duties of Chief Executive 6
9 Ministerial directions 6
10 New section 10A inserted 6
11 Heading to Part 3 inserted 7
12 Advisory Committee 7
13 Section 12 substituted 7
14 Terms and conditions of appointment of Advisory Committee
members 8
15 Meetings of the Advisory Committee 8
16 New Parts 4, 5 and 6 inserted 9
Part 3--Amendment and repeal of other Acts 14
17 Parliamentary Committees Act 2003--as amended by
Parliamentary Committees and Inquiries Acts Amendment
Act 2015 14
18 Parliamentary Committees Act 2003--if Parliamentary
Committees and Inquiries Acts Amendment Bill 2015 is not
enacted 14
19 Repeal of Regional Growth Fund Act 2011 15
Part 4--Repeal of amending Act 16
20 Repeal of amending Act 16
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Clause Page
Endnotes 17
1 General information 17
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Regional Development Victoria
Amendment (Jobs and Infrastructure)
Bill 2015
A Bill for an Act to amend the Regional Development Victoria
Act 2002 to establish a Regional Jobs and Infrastructure Fund and to
establish a Regional Development Advisory Committee and to repeal
the Regional Growth Fund Act 2011 and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Regional Development
5 Victoria Act 2002 to establish--
(i) a Regional Jobs and Infrastructure
Fund; and
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Part 1--Preliminary
(ii) a Regional Development Advisory
Committee; and
(b) to repeal the Regional Growth Fund Act
2011; and
5 (c) to make other minor and consequential
amendments.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
10 (2) If a provision of this Act (other than section 17
or 18) does not come into operation before
14 April 2016, it comes into operation on that
day.
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Part 2--Amendment of Regional Development Victoria Act 2002
Part 2--Amendment of Regional
Development Victoria Act 2002
3 Heading to Part 1 inserted
Before section 1 of the Regional Development
5 Victoria Act 2002 insert--
"Part 1--Preliminary".
4 Purpose
For section 1 of the Regional Development
Victoria Act 2002 substitute--
10 "1 Purposes
The main purposes of this Act are--
(a) to establish Regional Development
Victoria to facilitate economic and
community development in rural and
15 regional Victoria; and
(b) to establish the Regional Development
Advisory Committee to advise and
assist the Minister in relation to
policies, projects and issues related to
20 rural and regional Victoria; and
(c) to establish the Regional Jobs and
Infrastructure Fund.".
5 Definitions
(1) In section 3 of the Regional Development
25 Victoria Act 2002--
(a) insert the following definitions--
"Council has the meaning given in
section 3(1) of the Local Government
Act 1989;
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Part 2--Amendment of Regional Development Victoria Act 2002
municipal district has the meaning given in
section 3(1) of the Local Government
Act 1989;
Regional Development Advisory Committee
5 means the committee established by
section 11;
Regional Jobs and Infrastructure Fund
means the fund established by
section 15;";
10 (b) for the definition of rural and regional
Victoria substitute--
"rural and regional Victoria means--
(a) the municipal districts of the
Councils set out in Column 3 of
15 Schedule 2; and
(b) the alpine resorts within the
meaning of the Alpine Resorts
Act 1983.".
(2) At the end of section 3 of the Regional
20 Development Victoria Act 2002 insert--
"(2) In this Act a reference to rural and regional
Victoria includes any other geographical
area prescribed by the regulations, in the
circumstances (if any) prescribed by the
25 regulations.".
6 Heading to Part 2 inserted
After section 3 of the Regional Development
Victoria Act 2002 insert--
"Part 2--Regional Development
30 Victoria".
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Part 2--Amendment of Regional Development Victoria Act 2002
7 Functions and powers of Regional Development
Victoria
For section 5(1) of the Regional Development
Victoria Act 2002 substitute--
5 "(1) Regional Development Victoria has the
following functions--
(a) to facilitate new investment in rural and
regional Victoria;
(b) to facilitate the operation and growth of
10 existing businesses in rural and regional
Victoria;
(c) to facilitate the creation of jobs within
the private and public sectors in rural
and regional Victoria;
15 (d) to propose infrastructure development
opportunities in rural and regional
Victoria;
(e) to facilitate the coordinated delivery of
government programs, services and
20 resources in rural and regional Victoria;
(f) to facilitate consultation between the
public and private sectors and
communities about economic and
community development in rural and
25 regional Victoria;
(g) to administer money paid out of the
Regional Jobs and Infrastructure Fund
in accordance with Part 4;
(h) to promote rural and regional Victoria
30 as a place to invest, work and live in;
(i) to report to the Minister about the state
of rural and regional Victoria having
regard to economic, social and
environmental factors;
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Part 2--Amendment of Regional Development Victoria Act 2002
(j) to advise the Minister generally about
matters relating to development in rural
and regional Victoria and about any
particular matters referred to Regional
5 Development Victoria by the Minister;
(k) any other function that the Minister
directs it in writing to perform;
(l) any other function under this or any
other Act.".
10 8 Functions, powers and duties of Chief Executive
(1) In section 7(3) of the Regional Development
Victoria Act 2002, for "the Schedule" substitute
"Schedule 1 or 2".
(2) In section 7(4) of the Regional Development
15 Victoria Act 2002, for "Department of State
Development, Business and Innovation"
substitute "Department of Economic
Development, Jobs, Transport and Resources".
9 Ministerial directions
20 In section 10(2) of the Regional Development
Victoria Act 2002, for "the Schedule" substitute
"Schedule 1 or 2".
10 New section 10A inserted
After section 10 of the Regional Development
25 Victoria Act 2002 insert--
"10A Reporting
(1) Regional Development Victoria must, within
3 months after the end of a financial year,
submit a report to the Minister relating to the
30 operation and performance of Regional
Development Victoria during that financial
year as if the report were an annual report of
operations under Part 7 of the Financial
Management Act 1994.
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Part 2--Amendment of Regional Development Victoria Act 2002
(2) The Minister must cause the report to be laid
before each House of the Parliament--
(a) on or before 31 October; or
(b) if a House is not sitting during that
5 period, on the first sitting day of that
House after 31 October.".
11 Heading to Part 3 inserted
Before section 11 of the Regional Development
Victoria Act 2002 insert--
10 "Part 3--Regional Development
Advisory Committee".
12 Advisory Committee
(1) For the heading to section 11 of the Regional
Development Victoria Act 2002 substitute--
15 "Establishment".
(2) In section 11(1) and (2) of the Regional
Development Victoria Act 2002, for "Regional
Policy Advisory Committee" substitute "Regional
Development Advisory Committee".
20 13 Section 12 substituted
For section 12 of the Regional Development
Victoria Act 2002 substitute--
"12 Functions
(1) The Regional Development Advisory
25 Committee has the following functions--
(a) to advise the Minister on policies,
projects and issues related to rural and
regional Victoria;
(b) to undertake research in relation to rural
30 and regional Victoria;
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(c) to consult with persons who are
stakeholders in relation to the
development of rural and regional
Victoria;
5 (d) to undertake other activities related to
rural and regional Victoria as directed
by the Minister.
(2) The Regional Development Advisory
Committee is to exercise the functions set
10 out in subsection (1)(a), (b) and (c) only--
(a) as directed by the Minister; or
(b) with the Minister's approval.".
14 Terms and conditions of appointment of Advisory
Committee members
15 (1) For the heading to section 13 of the Regional
Development Victoria Act 2002 substitute--
"Terms and conditions of appointment".
(2) In section 13(1) of the Regional Development
Victoria Act 2002, for "Regional Policy Advisory
20 Committee" substitute "Regional Development
Advisory Committee".
15 Meetings of the Advisory Committee
(1) For the heading to section 14 of the Regional
Development Victoria Act 2002 substitute--
25 "Meetings".
(2) In section 14(1) of the Regional Development
Victoria Act 2002, for "Regional Policy Advisory
Committee" substitute "Regional Development
Advisory Committee".
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Part 2--Amendment of Regional Development Victoria Act 2002
16 New Parts 4, 5 and 6 inserted
For section 15 of the Regional Development
Victoria Act 2002 substitute--
"Part 4--Regional Jobs and
5 Infrastructure Fund
15 Regional Jobs and Infrastructure Fund
There is established in the Public Account as
part of the Trust Fund an account to be
known as the Regional Jobs and
10 Infrastructure Fund.
16 Payments into Fund
There must be paid into the Regional Jobs
and Infrastructure Fund--
(a) all money that is appropriated by
15 Parliament for the purposes of the
Fund; and
(b) all money that is received from the
investment of money in the Fund; and
(c) money received from any other source
20 for the purposes of the Fund.
17 Payments from Fund
(1) There must be paid from the Regional Jobs
and Infrastructure Fund amounts to be used
for the following purposes--
25 (a) to provide for better infrastructure,
facilities and services in rural and
regional Victoria;
(b) to strengthen the economic, social and
environmental bases of communities in
30 rural and regional Victoria;
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(c) to create jobs and improve career
opportunities in rural and regional
Victoria;
(d) to support the development and
5 planning of local projects in rural and
regional Victoria;
(e) for projects, determined by the
Minister, to support the economic or
community development of rural and
10 regional Victoria.
(2) A payment made for a purpose set out in
subsection (1) must not be made without the
authorisation of--
(a) if the payment is for less than
15 $5 000 000, the Minister; or
(b) otherwise, the Minister and the
Treasurer.
(3) There must be paid from the Regional Jobs
and Infrastructure Fund amounts authorised
20 by the Minister for the payment of costs and
expenses incurred in--
(a) administering Part 3 and this Part; and
(b) monitoring and reporting on the
financial operations and financial
25 position of the Fund.
18 Delegation of power to authorise
payments
The Minister, by instrument, may delegate
the Minister's power to authorise payments
30 under section 17 to--
(a) the Chief Executive; or
(b) a person employed under Part 3 of the
Public Administration Act 2004.
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Part 2--Amendment of Regional Development Victoria Act 2002
Part 5--General
19 Regulations
The Governor in Council may make
regulations for or with respect to--
5 (a) prescribing geographical areas to be
included in rural and regional Victoria
for the purposes of this Act and the
circumstances (if any) in which the
prescribed geographical areas are to be
10 included in rural and regional Victoria
for the purposes of this Act; and
(b) any other matter or thing required or
permitted by this Act to be prescribed
or necessary to be prescribed to give
15 effect to this Act.
Part 6--Transitional Provisions
20 Transitional provision--Regional
Development Victoria Amendment
(Jobs and Infrastructure) Act 2015
20 (1) On the commencement day--
(a) the Regional Growth Fund is abolished;
and
(b) all money standing to the credit of the
Regional Growth Fund immediately
25 before the commencement day becomes
part of the Regional Jobs and
Infrastructure Fund; and
(c) all property, rights and liabilities of the
Regional Growth Fund immediately
30 before the commencement day become
property, rights and liabilities of the
Regional Jobs and Infrastructure Fund.
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Part 2--Amendment of Regional Development Victoria Act 2002
(2) A reference to the Regional Growth Fund in
any Act, subordinate instrument, agreement
or other document is taken to be a reference
to the Regional Jobs and Infrastructure Fund
5 to the extent that the reference relates to any
matter on or after the commencement day
unless the contrary intention appears.
(3) No duty or other tax is chargeable under any
Act in respect of anything done by this
10 section or in respect of any act or transaction
connected with or necessary to be done
because of this section, including a
transaction entered into or an instrument
made, executed, lodged or given, for the
15 purposes of, or connected with, the transfer
of property to or from the Regional Jobs and
Infrastructure Fund.
(4) Despite the repeal of the Regional Growth
Fund Act 2011, on and after the
20 commencement day any agreement for the
payment of an amount from the Regional
Growth Fund is taken to be an agreement for
the payment of an amount from the Regional
Jobs and Infrastructure Fund to the extent
25 that the agreement relates to any matter on or
after the commencement day unless the
contrary intention appears.
(5) Despite the repeal of the Regional Growth
Fund Act 2011, on and after the
30 commencement day any authorisation given
by the Minister or the Treasurer under
section 5(2) of that Act before the
commencement day--
(a) continues to have effect; and
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(b) to the extent that it relates to any matter
on or after the commencement day, is
taken to be an authorisation under
section 17(2) of this Act for the
5 payment of an amount out of the
Regional Jobs and Infrastructure Fund.
(6) Nothing effected by this section is to be
regarded as--
(a) placing a person in breach of a contract;
10 or
(b) constituting a default under a provision
of a contract.
(7) In this section--
commencement day means the day on
15 which section 16 of the Regional
Development Victoria Amendment
(Jobs and Infrastructure) Act 2015
comes into operation;
liabilities means all liabilities, duties and
20 obligations, whether actual, contingent
or prospective;
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
25 real or personal property of any
description;
Regional Growth Fund means the Fund
within the meaning of the Regional
Growth Fund Act 2011 as in force
30 immediately before its repeal;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective.".
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Part 3--Amendment and repeal of other Acts
Part 3--Amendment and repeal of other Acts
17 Parliamentary Committees Act 2003--as amended
by Parliamentary Committees and Inquiries Acts
Amendment Act 2015
5 (1) In section 3 of the Parliamentary Committees
Act 2003, for the definition of regional Victoria
substitute--
"rural and regional Victoria has the meaning
given in section 3(1) of the Regional
10 Development Victoria Act 2002 and
includes any other geographical area
prescribed by regulations referred to in
section 3(2) of that Act in the circumstances
(if any) prescribed by those regulations;".
15 (2) In section 8(2) of the Parliamentary Committees
Act 2003, in the definition of urban regions, for
"regional Victoria" substitute "rural and regional
Victoria".
(3) In section 10(d) and (e) of the Parliamentary
20 Committees Act 2003, for "regional Victoria"
substitute "rural and regional Victoria".
18 Parliamentary Committees Act 2003--if
Parliamentary Committees and Inquiries Acts
Amendment Bill 2015 is not enacted
25 (1) In section 8(2) of the Parliamentary Committees
Act 2003, for "regional Victoria" substitute "rural
and regional Victoria".
(2) In section 16(1)(a) and (b) of the Parliamentary
Committees Act 2003, for "regional Victoria"
30 substitute "rural and regional Victoria".
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Part 3--Amendment and repeal of other Acts
(3) In section 16(2) of the Parliamentary
Committees Act 2003, for the definition of
regional Victoria substitute--
"rural and regional Victoria has the meaning
5 given in section 3(1) of the Regional
Development Victoria Act 2002 and
includes any other geographical area
prescribed by regulations referred to in
section 3(2) of that Act in the circumstances
10 (if any) prescribed by those regulations;".
19 Repeal of Regional Growth Fund Act 2011
The Regional Growth Fund Act 2011 is
repealed.
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Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
20 Repeal of amending Act
This Act is repealed on 14 April 2017.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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