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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Regional Growth Fund Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2--REGIONAL GROWTH FUND ESTABLISHED 3
4 Regional Growth Fund 3
5 Application of the Fund 3
6 Delegation 4
PART 3--GENERAL 6
7 Regulations 6
PART 4--REPEAL OF ACT AND TRANSITIONAL
PROVISIONS 7
Division 1--Repeal of Regional Infrastructure Development Fund
Act 1999 7
8 Repeal of the Regional Infrastructure Development Fund
Act 1999 7
Division 2--Transitional Provisions 7
9 Transitional provisions 7
PART 5--AMENDMENTS TO THE REGIONAL
DEVELOPMENT VICTORIA ACT 2002 10
Division 1--Regional Policy Advisory Committee 10
10 Sections 11, 12, 13 and 14 substituted 10
11 Regional Policy Advisory Committee 10
12 Functions of Regional Policy Advisory Committee 11
13 Terms and conditions of appointment of Regional
Policy Advisory Committee members 12
14 Meetings of the Regional Policy Advisory Committee 12
571009B.I-1/3/2011 i BILL LA INTRODUCTION 1/3/2011
Clause Page
Division 2--Consequential and other amendments 13
11 Definitions 13
12 Functions and powers of Regional Development Victoria 13
13 Functions, powers and duties of Chief Executive 13
14 New Schedule 2 inserted 14
SCHEDULE 2--Regions 14
Division 3--Repeal of Part 5 16
15 Repeal of Part 5 16
PART 6--AMENDMENT TO THE PARLIAMENTARY
COMMITTEES ACT 2003 17
16 Amendment of the Parliamentary Committees Act 2003 17
17 Repeal of Part 6 17
__________________
SCHEDULE 1--Municipal Councils in Regional Victoria 18
ENDNOTES 19
571009B.I-1/3/2011 ii BILL LA INTRODUCTION 1/3/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Regional Growth Fund Bill 2011
A Bill for an Act to provide for a fund to be called the Regional
Growth Fund to be established in the Public Account as part of the
Trust Fund, to amend the Regional Development Victoria Act 2002,
to repeal the Regional Infrastructure Development Fund Act 1999
and to make a consequential amendment to the Parliamentary
Committees Act 2003 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to establish in the Public Account as part of
5 the Trust Fund an account to be known as the
Regional Growth Fund and to provide for
that Fund;
(b) to repeal the Regional Infrastructure
Development Fund Act 1999;
571009B.I-1/3/2011 1 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 1--Preliminary
s. 2
(c) to amend the Regional Development
Victoria Act 2002--
(i) to abolish the Regional Development
Advisory Committee;
5 (ii) to establish a Regional Policy Advisory
Committee;
(iii) to make other amendments;
(d) to make a consequential amendment to the
Parliamentary Committees Act 2003.
10 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 May 2012, it comes into
15 operation on that day.
3 Definitions
(1) In this Act--
Fund means the Regional Growth Fund;
regional Victoria means--
20 (a) the municipal districts of the municipal
councils set out in Schedule 1; and
(b) the alpine resorts within the meaning of
the Alpine Resorts Act 1983;
Secretary means the Secretary to the Department
25 of Planning and Community Development.
(2) In this Act a reference to regional Victoria
includes any other geographical area prescribed
by the regulations, in the circumstances (if any)
prescribed by the regulations.
__________________
571009B.I-1/3/2011 2 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 2--Regional Growth Fund Established
s. 4
PART 2--REGIONAL GROWTH FUND ESTABLISHED
4 Regional Growth Fund
(1) There must be established in the Public Account
as part of the Trust Fund an account to be known
5 as the Regional Growth Fund.
(2) There must be paid into the Fund--
(a) all money that is appropriated by Parliament
for the purposes of the Fund; and
(b) money received from the investment of
10 money in the Fund.
(3) There may be paid into the Fund money received
from any other source for the purposes of the
Fund.
(4) Money standing to the credit of the Fund may be
15 invested in any manner in which trust funds may
be invested under the Trustee Act 1958.
5 Application of the Fund
(1) There must be paid out of the Fund amounts to be
used to--
20 (a) provide for better infrastructure, facilities
and services in regional Victoria;
(b) strengthen the economic, social and
environmental base of communities in
regional Victoria;
25 (c) facilitate the creation of jobs and the
improvement of career opportunities in
regional Victoria;
(d) support the planning for and the
development of projects in regional Victoria;
30 (e) support any other project that will benefit
regional Victoria as determined by the
Minister.
571009B.I-1/3/2011 3 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 2--Regional Growth Fund Established
s. 6
(2) The payment of an amount or amounts from the
Fund for the purposes of subsection (1) in respect
of any project must not be made--
(a) if the payment of the amount or amounts
5 total or will total less than $5 000 000,
except with the authorisation of the Minister;
and
(b) if the payment of the amount or amounts
total or will total $5 000 000 or more, except
10 with the authorisation of the Minister and the
Treasurer.
(3) There must be paid out of the Fund amounts
authorised by the Minister for the payment of the
costs and expenses incurred in the following--
15 (a) administering this Act;
(b) administering sections 11, 12, 13 and 14 of
the Regional Development Victoria
Act 2002;
(c) monitoring and reporting on the financial
20 operations and financial position of the Fund.
6 Delegation
(1) The Minister, by instrument, may delegate his or
her power to authorise amounts to be paid out of
the Fund under section 5 to the Secretary.
25 (2) The Secretary, by instrument, may delegate a
power delegated to the Secretary by the Minister
under subsection (1) to authorise amounts to be
paid out of the Fund under section 5 to any of the
following--
30 (a) the Chief Executive within the meaning of
section 3 of the Regional Development
Victoria Act 2002;
571009B.I-1/3/2011 4 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 2--Regional Growth Fund Established
s. 6
(b) any person employed under Part 3 of the
Public Administration Act 2004.
__________________
571009B.I-1/3/2011 5 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 3--General
s. 7
PART 3--GENERAL
7 Regulations
The Governor in Council may make regulations
for or with respect to--
5 (a) prescribing geographical areas to be included
in regional Victoria for the purposes of this
Act and the circumstances (if any) in which
the prescribed geographical areas are to be
included in regional Victoria for the
10 purposes of this Act; and
(b) any matter or thing required or permitted by
this Act to be prescribed or necessary to be
prescribed to give effect to this Act.
__________________
571009B.I-1/3/2011 6 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 4--Repeal of Act and Transitional Provisions
s. 8
PART 4--REPEAL OF ACT AND TRANSITIONAL
PROVISIONS
Division 1--Repeal of Regional Infrastructure Development
Fund Act 1999
5 8 Repeal of the Regional Infrastructure Development See:
Fund Act 1999 Act No.
64/1999
The Regional Infrastructure Development and
amending
Fund Act 1999 is repealed. Act Nos
11/2002 and
32/2003.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Transitional Provisions
10 9 Transitional provisions
(1) At the commencement time--
(a) the Regional Infrastructure Development
Fund is abolished;
(b) all money standing to the credit of the
15 Regional Infrastructure Development Fund
immediately before the commencement time
forms part of the Fund;
(c) all property and rights of the Regional
Infrastructure Development Fund
20 immediately before the commencement time
become property and rights of the Fund;
(d) all liabilities of the Regional Infrastructure
Development Fund immediately before the
commencement time become liabilities of
25 the Fund.
(2) A reference to the Regional Infrastructure
Development Fund in any Act, subordinate
instrument, agreement or other document to the
extent that it relates to any matter on or after the
571009B.I-1/3/2011 7 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 4--Repeal of Act and Transitional Provisions
s. 9
commencement time is taken to be a reference to
the Fund, unless the contrary intention appears.
(3) No duty or other tax is chargeable under any Act
in respect of anything done under this section or in
5 respect of any act or transaction connected with or
necessary to be done by reason of this section,
including any transaction entered into or an
instrument made, executed, lodged or given, for
the purpose of, or connected with, the transfer of
10 property to or from the Fund.
(4) Despite the repeal of the Regional Infrastructure
Development Fund Act 1999, on and from the
commencement time any agreement for the
payment of an amount from the Regional
15 Infrastructure Development Fund, to the extent
that it relates to any matter on or after the
commencement time, is taken to be an agreement
for the payment of an amount out of the Fund,
unless the contrary intention appears.
20 (5) Despite the repeal of the Regional Infrastructure
Development Fund Act 1999, on and from the
commencement time any authorisation given by
the Minister under section 5 of that Act before the
commencement time--
25 (a) continues in force; and
(b) to the extent that it relates to any matter on
or after the commencement time, is taken to
be an authorisation under section 5 for the
payment of an amount out of the Fund.
30 (6) Nothing effected by this section is to be regarded
as placing any person in breach of or as
constituting a default under any provision of a
contract.
571009B.I-1/3/2011 8 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 4--Repeal of Act and Transitional Provisions
s. 9
(7) In this section--
commencement time means the time at which
Parts 1 and 2 come into operation;
liabilities means all liabilities, duties and
5 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 real or
10 personal property of any description;
Regional Infrastructure Development Fund
means the Fund within the meaning of the
Regional Infrastructure Development
Fund Act 1999 as in force before its repeal;
15 rights means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective.
__________________
571009B.I-1/3/2011 9 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 10
PART 5--AMENDMENTS TO THE REGIONAL
DEVELOPMENT VICTORIA ACT 2002
Division 1--Regional Policy Advisory Committee
10 Sections 11, 12, 13 and 14 substituted
5 See:
Act No.
For sections 11, 12, 13 and 14 of the Regional
53/2002 Development Victoria Act 2002 substitute--
and
amending "11 Regional Policy Advisory Committee
Act No.
108/2004. (1) There is to be a Regional Policy Advisory
LawToday:
www. Committee.
legislation.
10 vic.gov.au (2) The Regional Policy Advisory Committee
consists of--
(a) a member who is to be Chairperson
appointed by the Governor in Council
on the recommendation of the Minister;
15 and
(b) no more than 8 other members
appointed by the Governor in Council
on the recommendation of the Minister.
(3) The Minister, in recommending people to be
20 members of the Committee, must ensure
that--
(a) the majority of members are from rural
and regional Victoria; and
(b) the Committee consists of at least one
25 member from each region specified in
an item in column 2 of Schedule 2,
being the region consisting of the
municipal districts of the municipal
councils and the areas of the alpine
30 resorts set out in column 3 of
Schedule 2 opposite that item; and
571009B.I-1/3/2011 10 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 10
(c) the members of the Committee have
between them skills and knowledge in
economic development and community
development.
5 12 Functions of Regional Policy Advisory
Committee
The functions of the Regional Policy
Advisory Committee are to advise the
Minister about--
10 (a) strategic infrastructure priorities and
projects that have State-wide
significance or significance to rural and
regional Victoria which could be
funded from the Regional Growth Fund
15 under the Regional Growth Fund Act
2011;
(b) the operation of the Regional Growth
Fund and the outcomes of projects
funded with amounts authorised by the
20 Minister from the Regional Growth
Fund under the Regional Growth
Fund Act 2011;
(c) the impact of Acts and subordinate
legislation on rural and regional
25 Victoria;
(d) policy matters that affect rural and
regional Victoria;
(e) any other matter relating to rural and
regional Victoria referred to the
30 Committee by the Minister.
571009B.I-1/3/2011 11 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 10
13 Terms and conditions of appointment of
Regional Policy Advisory Committee
members
(1) A member of the Regional Policy Advisory
5 Committee appointed under section 11(2)
holds office--
(a) for a term not exceeding 4 years; and
(b) in accordance with the terms and
conditions specified in his or her
10 instrument of appointment.
(2) A member of the Committee appointed
under section 11(2) is eligible for re-
appointment.
(3) A member of the Committee appointed
15 under section 11(2) is entitled to be paid the
remuneration and allowances for that
member that are fixed from time to time by
the Governor in Council on the
recommendation of the Minister.
20 (4) A member of the Committee appointed
under section 11(2) may at any time resign
by writing signed and delivered to the
Minister.
(5) The Governor in Council may remove any
25 member of the Committee appointed under
section 11(2) from office.
14 Meetings of the Regional Policy Advisory
Committee
(1) Meetings of the Regional Policy Advisory
30 Committee must be held at least 6 times a
year or at the times determined by the
Minister.
571009B.I-1/3/2011 12 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 11
(2) The Chairperson must preside at any meeting
of the Committee at which he or she is
present.
(3) If the Chairperson is absent a member
5 elected by the members present must preside.
(4) A majority of members currently in office
constitutes a quorum for a meeting of the
Committee.".
Division 2--Consequential and other amendments
10 11 Definitions
In section 3 of the Regional Development
Victoria Act 2002, for the definition of rural and
regional Victoria substitute--
"rural and regional Victoria has the same
15 meaning as regional Victoria in section 3(1)
of the Regional Growth Fund Act 2011.".
12 Functions and powers of Regional Development
Victoria
For section 5(1)(g) of the Regional Development
20 Victoria Act 2002 substitute--
"(g) administer money paid out of the Regional
Growth Fund in accordance with the
Regional Growth Fund Act 2011;".
13 Functions, powers and duties of Chief Executive
25 In section 7(4) of the Regional Development
Victoria Act 2002, for "Department of
Innovation, Industry and Regional Development"
substitute "Department of Planning and
Community Development".
571009B.I-1/3/2011 13 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 14
14 New Schedule 2 inserted
(1) For the heading to the Schedule to the Regional
Development Victoria Act 2002 substitute--
"SCHEDULES
5 SCHEDULE 1".
(2) After Schedule 1 to the Regional Development
Victoria Act 2002 insert--
"__________________
SCHEDULE 2
10 REGIONS
Column 1 Column 2 Column 3
Item No. Region Municipal Council or Alpine
Resort
1 Hume Alpine Shire Council
Benalla Rural City Council
Falls Creek Alpine Resort
Greater Shepparton City
Council
Indigo Shire Council
Lake Mountain Alpine Resort
Mansfield Shire Council
Mitchell Shire Council
Moira Shire Council
Mount Bulla Alpine Resort
Mount Hotham Alpine Resort
Mount Stirling Alpine Resort
Murrindindi Shire Council
Strathbogie Shire Council
Towong Shire Council
Wangaratta Rural City
Council
Wodonga City Council
571009B.I-1/3/2011 14 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 14
Column 1 Column 2 Column 3
Item No. Region Municipal Council or Alpine
Resort
2 Loddon Buloke Shire Council
Mallee Campaspe Shire Council
Central Goldfields Shire
Council
Gannawarra Shire Council
Greater Bendigo City Council
Loddon Shire Council
Macedon Ranges Shire
Council
Mildura Rural City Council
Mount Alexander Shire
Council
Swan Hill Rural City Council
3 Grampians Ararat Rural City Council
Ballarat City Council
Golden Plains Shire Council
Hepburn Shire Council
Hindmarsh Shire Council
Horsham Rural City Council
Moorabool Shire Council
Northern Grampians Shire
Council
Pyrenees Shire Council
West Wimmera Shire Council
Yarriambiack Shire Council
4 Barwon Borough of Queenscliffe
South West Colac-Otway Shire Council
Corangamite Shire Council
Glenelg Shire Council
Greater Geelong City Council
Moyne Shire Council
Southern Grampians Shire
Council
Surf Coast Shire Council
Warrnambool City Council
571009B.I-1/3/2011 15 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 5--Amendments to the Regional Development Victoria Act 2002
s. 15
Column 1 Column 2 Column 3
Item No. Region Municipal Council or Alpine
Resort
5 Gippsland Bass Coast Shire Council
Baw Baw Shire Council
East Gippsland Shire Council
Latrobe City Council
Mount Baw Baw Alpine
Resort
South Gippsland Shire
Council
Wellington Shire Council
".
Division 3--Repeal of Part 5
15 Repeal of Part 5
This Part is repealed on 1 May 2013.
5 Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
571009B.I-1/3/2011 16 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Part 6--Amendment to the Parliamentary Committees Act 2003
s. 16
PART 6--AMENDMENT TO THE PARLIAMENTARY
COMMITTEES ACT 2003
16 Amendment of the Parliamentary Committees See:
Act 2003 Act No.
110/2003.
5 In section 16(2) of the Parliamentary Reprint No. 1
as at
Committees Act 2003, for the definition of 26 July 2006
regional Victoria substitute-- and
amending
Act Nos
"regional Victoria has the same meaning as in 43/2006 and
section 3(1) of the Regional Growth Fund 4/2007.
LawToday:
10 Act 2011.". www.
legislation.
vic.gov.au
17 Repeal of Part 6
This Part is repealed on 1 May 2013.
Note
The repeal of this Part does not affect the continuing operation of
15 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
571009B.I-1/3/2011 17 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Sch. 1
SCHEDULE 1
MUNICIPAL COUNCILS IN REGIONAL VICTORIA
Alpine Shire Council Macedon Ranges Shire Council
Ararat Rural City Council Mansfield Shire Council
Ballarat City Council Mildura Rural City Council
Bass Coast Shire Council Mitchell Shire Council
Baw Baw Shire Council Moira Shire Council
Benalla Rural City Council Moorabool Shire Council
Buloke Shire Council Mount Alexander Shire Council
Campaspe Shire Council Moyne Shire Council
Central Goldfields Shire Council Murrindindi Shire Council
Colac-Otway Shire Council Northern Grampians Shire Council
Corangamite Shire Council Pyrenees Shire Council
East Gippsland Shire Council Borough of Queenscliffe
Gannawarra Shire Council South Gippsland Shire Council
Glenelg Shire Council Southern Grampians Shire Council
Golden Plains Shire Council Strathbogie Shire Council
Greater Bendigo City Council Surf Coast Shire Council
Greater Geelong City Council Swan Hill Rural City Council
Greater Shepparton City Council Towong Shire Council
Hepburn Shire Council Wangaratta Rural City Council
Hindmarsh Shire Council Warrnambool City Council
Horsham Rural City Council Wellington Shire Council
Indigo Shire Council West Wimmera Shire Council
Latrobe Shire Council Wodonga City Council
Loddon Shire Council Yarriambiack Shire Council
571009B.I-1/3/2011 18 BILL LA INTRODUCTION 1/3/2011
Regional Growth Fund Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571009B.I-1/3/2011 19 BILL LA INTRODUCTION 1/3/2011
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