2013-2014

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

RAILWAY AGREEMENT (WESTERN AUSTRALIA) AMENDMENT BILL 2014

EXPLANATORY MEMORANDUM

(Circulated by authority of the Minister for Infrastructure and Regional Development

the Hon Warren Truss MP)

RAILWAY AGREEMENT (WESTERN AUSTRALIA) AMENDMENT BILL 2014

OUTLINE

The purpose of the Railway Agreement (Western Australia) Amendment Bill 2014 is to amend the Railway Agreement (Western Australia) Act 1961 (the Act) to allow Western Australia to pay the outstanding balance of the loan from the Commonwealth and to repeal the Act 28 days after the repayment is made.

Financial impact statement

Early repayment of the loan ($1.6 million as at 30 June 2013) would result in foregone interest revenue of up to $300,000 to 2040-41 that may be offset by the early repayment of the outstanding balance of the loan and may provide minor administrative efficiencies from the cessation of the administration of the Act.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Railway Agreement (Western Australia) Amendment Bill 2014

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill/Legislative Instrument

The Bill will amend the Railway Agreement (Western Australia) Act 1961 (the Act) and repeal the Act.

Key elements of the amendments to the Act include:

a.       Allowing Western Australia to pay the Commonwealth the outstanding balance of the loan.

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

Minister for Infrastructure and Regional Development, the Hon Warren Truss MP

NOTES ON CLAUSES

Clause 1: Short Title

1.      Provides for the Act to be cited as the Railway Agreement (Western Australia) Amendment Act 2014.

Clause 2: Commencement

2.      This Act commences on the day after this Act receives the Royal Assent.

Clause 3: Schedules

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      Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1 – Amendments

Railway Agreement (Western Australia) Act 1961

Item 1 – Sections 5 and 6

4.      New section 5(1) provides that Western Australia may pay to the Commonwealth, in a single lump, the total amount outstanding.

5.      New section 5(2) provides that if Western Australia pays to the Commonwealth the amount outstanding, Western Australia has no further liability to the Commonwealth under the Agreement (as amended by the Amending Agreement).

6.      New section 6(1) provides that if Western Australia makes the payment to the Commonwealth as mentioned in subsection 5(1), this Act is repealed on the 28th day (the repeal day) after the payment is made.

7.      New section 6(2)   provides that before the repeal day, the Minister must announce by notice in the Gazette the day this Act is to be repealed.