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Southern and Eastern Integrated Transport
Authority Bill
As Sent Print
EXPLANATORY MEMORANDUM
General
This Bill establishes the Southern and Eastern Integrated Transport Authority
and provides that Authority with the powers and functions to oversee and
deliver the Southern and Eastern Integrated Transport Project.
Clause Notes
Clause 1 states the purpose of the proposed Act as being the establishment
of the Southern and Eastern Integrated Transport Authority and
the facilitation of the Southern and Eastern Integrated Transport
Project.
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed or 31 December 2003 at the latest.
Clause 3 contains definitions of "Authority", "member" and "Project".
Clause 4 defines the Project as the project for an integrated transport
corridor connecting the Eastern Freeway to the Frankston
Freeway including tunnels under the Mullum Mullum Creek and
a link with the Ringwood By-Pass.
Clause 5 provides that the Act binds the Crown.
Clause 6 establishes the Southern and Eastern Integrated Transport
Authority.
Clause 7 provides that, in performing its functions and exercising its
powers, the Authority represents the Crown.
Clause 8 provides that the Authority will be subject to the general
direction and control of the Minister. It also provides that the
Authority will be subject to any specific direction given to it by
the Minister with the approval of the Treasurer.
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Clause 9 provides for the Authority to consist of between 3 and 5 members
appointed by the Governor in Council on the recommendation of
the Minister after consultation with the Treasurer.
Clause 10 provides for the appointment of a chairperson and a deputy
chairperson by the Governor in Council.
Clause 11 provides for vacancies, resignations and removal from office of
members of the Authority.
Clause 12 provides for the Governor in Council to make acting member
appointments.
Clause 13 provides for the chairperson to preside at meetings of the
Authority and for the chairing of the meetings in the absence of
the chairperson.
Clause 14 provides for proceedings of the Authority.
Clause 15 provides that Authority meetings can be held without members
being present at the same time or place.
Clause 16 deems Authority resolutions to be passed if a majority of
Authority members sign a document supporting the resolution.
Clause 17 provides that an act or decision of the Authority is not invalid by
reason of certain technical defects.
Clause 18 provides for the appointment of a chief executive officer by the
Authority for a period not exceeding 5 years, with the approval of
the Minister after consultation with the Treasurer.
Clause 19 confers functions on the Authority including the following--
· to facilitate, on behalf of the State, the development of
the Project;
· to seek and evaluate submissions from persons
interested in undertaking the Project;
· to negotiate with persons interested in undertaking the
Project;
· to make recommendations in relation to contractual
arrangements between the State and any other person
for the development or delivery of the Project;
· to facilitate and co-ordinate consultations with statutory
authorities and agencies of the State and other bodies or
persons involved in or affected by the development or
operation of the Project;
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· to ensure agreements between the State and any person
relating to the facilitation, co-ordination, construction
and delivery of the Project are performed in accordance
with their terms.
Clause 20 provides that the Authority may employ or engage staff and
consultants, may enter into arrangements for services of staff and
may appoint agents and attorneys.
Clause 21 provides that the Authority may delegate all its powers except the
power of delegation.
Clause 22 provides for continuity of superannuation entitlements for
employees of the Authority who were officers within the
meaning of the State Superannuation Act 1988 or members
within the meaning of the Transport Superannuation Act 1988
before becoming employees of the Authority.
Clause 23 requires the Authority to pay all money received into banking
accounts and only allows the expenditure of money in accordance
with a budget approved jointly by the Minister and the Treasurer.
Clause 24 confers on the Authority powers under the Borrowing and
Investment Powers Act 1987 and enables the Authority to enter
into hedging arrangements with the approval of the Treasurer.
Clause 25 enables the making of regulations.
Clause 26 amends Schedule 1 to the Borrowing and Investment Powers
Act 1987 to list the powers under that Act conferred on the
Authority.
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