Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Infrastructure Australia Act 2008 to ensure proper assessment of the proposed National Broadband Network and other projects, and for related purposes
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Registered 18 Jun 2009
Introduced Senate 15 Jun 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Infrastructure Australia Amendment (National Broadband Network and Other Projects) Bill 2009

 

No.      , 2009

 

(Senator Minchin)

 

 

 

A Bill for an Act to amend the Infrastructure Australia Act 2008 to ensure proper assessment of the proposed National Broadband Network and other projects, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Objects................................................................................................ 1

4............ Schedule(s).......................................................................................... 1

Schedule 1—Amendment relating to a proposed National Broadband Network    1

Infrastructure Australia Act 2008                                                                            1

Schedule 2—Amendment relating to the functions of Infrastructure Australia       1

Infrastructure Australia Act 2008                                                                            1

 


A Bill for an Act to amend the Infrastructure Australia Act 2008 to ensure proper assessment of the proposed National Broadband Network and other projects, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Infrastructure Australia Amendment (National Broadband Network and Other Projects) Act 2009.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Objects

                   The objects of this Act are:

                     (a)  to ensure that the Government’s proposal to spend up to $43 billion to build and operate a National Broadband Network is assessed by Infrastructure Australia, in accordance with its functions to provide advice on nationally significant infrastructure; and

                     (b)  to provide that either House of the Parliament may refer projects to Infrastructure Australia for assessment.

4  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1—Amendment relating to a proposed National Broadband Network

Infrastructure Australia Act 2008

1        After section 5

Insert:

5A  Infrastructure Australia to advise about National Broadband Network

             (1)  It is a function of Infrastructure Australia to advise the Communications Minister about the proposal for a national broadband network.

             (2)  Consistent with paragraphs 5(1)(b) and 5(2)(d), it is also a function of Infrastructure Australia to advise taxpayers, as majority owners of a proposed infrastructure company, about the proposal for a national broadband network.

             (3)  In undertaking these functions, Infrastructure Australia may undertake any function specified in section 5 which is relevant.

             (4)  In giving advice about the proposal for a national broadband network, Infrastructure Australia must apply the BAF evaluation criteria.

             (5)  Infrastructure Australia must prepare and give to the Communications Minister a written report of its advice under this section by 30 July 2009.

             (6)  The written report made under subsection (5) must include details of the methodology used in the assessment.

             (7)  The Minister must cause a copy of the report to be laid before each House of Parliament within 7 sitting days of receiving the report.

             (8)  In this section:

BAF evaluation criteria has the meaning given by the Nation-building Funds Act 2008.

Communications Minister has the meaning given by the Nation-building Funds Act 2008.

national broadband network means the network proposed to be developed by a majority Government-owned wholesale company to provide “fibre to the premises” broadband services to 90 per cent of Australian homes and to connect all other premises in Australia with “next generation wireless and satellite technologies”, which was announced by the Communications Minister on 7 April 2009.


 

 

Schedule 2—Amendment relating to the functions of Infrastructure Australia

Infrastructure Australia Act 2008

1  Subsection 5(4)

At the end of the subsection, add “or by resolution of either House of the Parliament”.