Federal Register of Legislation - Australian Government

Primary content

Infrastructure Australia Act 2008

Authoritative Version
  • - C2014C00639
  • In force - Superseded Version
  • View Series
Act No. 17 of 2008 as amended, taking into account amendments up to Infrastructure Australia Amendment Act 2014
An Act to establish Infrastructure Australia and the Infrastructure Coordinator, and for related purposes
Administered by: Infrastructure and Regional Development
Registered 01 Sep 2014
Start Date 01 Sep 2014
End Date 13 Apr 2015

Description: Commonwealth Coat of Arms

Infrastructure Australia Act 2008

No. 17, 2008 as amended

Compilation start date:                     1 September 2014

Includes amendments up to:            Act No. 77, 2014

 

About this compilation

This compilation

This is a compilation of the Infrastructure Australia Act 2008 as in force on 1 September 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 1 September 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

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

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

3............ Definitions.......................................................................................... 1

Part 2—Infrastructure Australia                                                                                 3

4............ Establishment...................................................................................... 3

5............ Functions—general............................................................................. 3

5A......... Functions—evaluating infrastructure proposals.................................. 4

5B......... Functions—developing Infrastructure Plans....................................... 5

5C......... Functions—providing advice on infrastructure matters....................... 6

6............ Minister may give directions to Infrastructure Australia..................... 7

6A......... Powers................................................................................................ 7

6B......... Consultation........................................................................................ 8

6C......... Infrastructure Australia does not have privileges and immunities of the Crown       8

Part 2A—Board of Infrastructure Australia                                                        9

Division 1—Establishment and functions of the Board                              9

6D......... Establishment...................................................................................... 9

6E.......... Functions............................................................................................ 9

Division 2—Constitution and membership of the Board                         10

7............ Constitution of the Board.................................................................. 10

8............ Appointment of members.................................................................. 10

9............ Term of appointment......................................................................... 11

10.......... Acting appointments......................................................................... 11

11.......... Remuneration.................................................................................... 11

12.......... Leave of absence............................................................................... 12

15.......... Outside employment......................................................................... 12

16.......... Other terms and conditions............................................................... 12

17.......... Resignation of members.................................................................... 12

18.......... Termination of appointment.............................................................. 13

Division 3—Meetings of the Board                                                                     15

19.......... Convening meetings.......................................................................... 15

20.......... Presiding at meetings........................................................................ 15

21.......... Quorum............................................................................................. 15

22.......... Voting at meetings............................................................................ 16

23.......... Conduct of meetings......................................................................... 16

24.......... Minutes............................................................................................. 16

25.......... Decisions without meetings.............................................................. 16

Part 3—Chief Executive Officer, staff and consultants                               18

Division 1—Chief Executive Officer of Infrastructure Australia      18

27.......... Establishment.................................................................................... 18

28.......... Role................................................................................................... 18

28A....... CEO to act in accordance with policies and directions of Board....... 18

29.......... Appointment..................................................................................... 19

30.......... Term of appointment......................................................................... 19

31.......... Acting CEO...................................................................................... 19

32.......... Remuneration.................................................................................... 19

33.......... Leave of absence............................................................................... 19

34.......... Disclosure of interests to the Board.................................................. 20

35.......... Outside employment......................................................................... 20

36.......... Other terms and conditions............................................................... 20

37.......... Resignation....................................................................................... 20

38.......... Termination of appointment.............................................................. 20

Division 2—Staff and consultants                                                                        21

39.......... Staff of Infrastructure Australia........................................................ 21

39A....... Staff seconded to Infrastructure Australia......................................... 21

39AA.... Consultants....................................................................................... 22

Part 3A—Planning and reporting                                                                             23

39B....... Corporate plan................................................................................... 23

39C....... Additional content for annual report.................................................. 23

Part 3B—Finance                                                                                                                 25

39D....... Money payable to Infrastructure Australia........................................ 25

39DA.... Application of money by Infrastructure Australia............................. 25

39DB.... Restrictions on financial transactions................................................ 25

39DC.... Taxation............................................................................................ 26

Part 4—Miscellaneous                                                                                                       27

40.......... Delegation by the Minister................................................................ 27

40A....... Delegation by Infrastructure Australia.............................................. 27

40B....... Delegation by Board......................................................................... 27

40C....... Delegation and subdelegation by CEO.............................................. 28

41.......... Regulations....................................................................................... 28

Endnotes                                                                                                                                    29

Endnote 1—About the endnotes                                                                            29

Endnote 2—Abbreviation key                                                                                31

Endnote 3—Legislation history                                                                             32

Endnote 4—Amendment history                                                                           33

Endnote 5—Uncommenced amendments [none]                                          36

Endnote 6—Modifications [none]                                                                         36

Endnote 7—Misdescribed amendments [none]                                             36

Endnote 8—Miscellaneous [none]                                                                        36

 


An Act to establish Infrastructure Australia, and for related purposes

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Infrastructure Australia Act 2008.

2  Commencement

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

3  Definitions

                   In this Act:

Board means the Board of Infrastructure Australia established by section 6D.

CEO means the Chief Executive Officer of Infrastructure Australia appointed under section 29.

Chair means the Chair of the Board.

COAG means the Council of Australian Governments.

Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.

full‑time Chair means a Chair appointed on a full‑time basis.

Infrastructure Australia means the body established by section 4.

member means a member of the Board and includes the Chair.

nationally significant infrastructure includes:

                     (a)  transport infrastructure; and

                     (b)  energy infrastructure; and

                     (c)  communications infrastructure; and

                     (d)  water infrastructure;

in which investment or further investment will materially improve national productivity.

part‑time Chair means a Chair appointed on a part‑time basis.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October of a year.

Part 2Infrastructure Australia

  

4  Establishment

             (1)  Infrastructure Australia is established by this section.

             (2)  Infrastructure Australia:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property; and

                     (d)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to Infrastructure Australia. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of executive officers.

             (3)  Infrastructure Australia’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.

             (4)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of Infrastructure Australia appearing on a document; and

                     (b)  presume that the document was duly sealed.

5  Functions—general

                   Infrastructure Australia has the following functions:

                     (a)  to conduct audits to determine the adequacy, capacity and condition of nationally significant infrastructure, taking into account:

                              (i)  forecast growth; and

                             (ii)  economic, social and environmental sustainability;

                     (b)  to develop lists (to be known as Infrastructure Priority Lists), based on audits conducted under paragraph (a) and any additional research by Infrastructure Australia, that prioritise Australia’s infrastructure needs;

                     (c)  to evaluate infrastructure proposals in accordance with section 5A;

                     (d)  to develop plans (to be known as Infrastructure Plans) in accordance with section 5B;

                     (e)  to provide advice on infrastructure matters in accordance with section 5C;

                      (f)  to identify any impediments to investment in nationally significant infrastructure and identify strategies to remove any impediments identified;

                     (g)  to promote investment in infrastructure;

                    (ga)  to review and provide advice on proposals to facilitate the harmonisation of policies, and laws, relating to development of, and investment in, infrastructure;

                   (gb)  to review Commonwealth infrastructure funding programs and their alignment with Infrastructure Plans given to the Minister under section 5B;

                     (h)  to undertake or commission research relating to Infrastructure Australia’s other functions;

                      (i)  any other functions conferred on Infrastructure Australia by or under this Act or any other law.

5A  Functions—evaluating infrastructure proposals

             (1)  For the purposes of paragraph 5(c), Infrastructure Australia has the function of evaluating proposals for investment in, or enhancements to:

                     (a)  nationally significant infrastructure; and

                     (b)  other infrastructure determined by the Minister.

             (3)  A determination made by the Minister under paragraph (1)(b) is a legislative instrument.

             (4)  As soon as practicable after the end of each quarter, Infrastructure Australia must make a summary of each proposal evaluated during the quarter available on its website.

5B  Functions—developing Infrastructure Plans

             (1)  For the purposes of paragraph 5(d), Infrastructure Australia has the function of developing plans, to be given to the Minister, that:

                     (a)  specify priorities for nationally significant infrastructure for Commonwealth, State, Territory and local governments for the period covered by the plan (see subsection (2)); and

                     (b)  specify the following for proposals relating to those priorities during that period:

                              (i)  productivity gains that may be anticipated from each proposal;

                             (ii)  any complementary infrastructure required to maximise productivity gains from the proposals;

                            (iii)  timeframes for delivering the proposals; and

                   (ba)  includes a cost benefit analysis of each such proposal; and

                     (c)  take into account:

                              (i)  the audits, lists and evaluations mentioned in paragraphs 5(a), (b) and (c); and

                             (ii)  consultations with Commonwealth, State, Territory and local governments; and

                            (iii)  any other matters Infrastructure Australia considers relevant.

             (2)  A plan must cover a period of 15 years from the time the plan is prepared, or such other period as the Board determines.

             (3)  A cost benefit analysis included in a plan as mentioned in paragraph (1)(ba) must be prepared using the method approved by Infrastructure Australia. The method must enable the proposals to be compared.

             (4)  A plan must be prepared under this section every 5 years, or at such other intervals as the Board determines.

             (5)  Within 14 days of a plan being given to the Minister, the plan must be made available on Infrastructure Australia’s website.

             (6)  Infrastructure Australia must cause the method approved under subsection (3) to be reviewed:

                     (a)  no later than 6 months after the commencement of this section; and

                     (b)  every 24 months after that first review.

             (7)  Without limiting subsection (6), a review under that subsection must consider whether the cost benefit analyses take into account social, environmental and economic costs and benefits adequately.

             (8)  The report of the review must be made available on Infrastructure Australia’s website within 14 days of the report being given to Infrastructure Australia.

5C  Functions—providing advice on infrastructure matters

             (1)  For the purposes of paragraph 5(e), Infrastructure Australia has the function of providing advice to the Minister, Commonwealth, State, Territory and local governments, investors in infrastructure and owners of infrastructure on matters relating to infrastructure, including in relation to the following:

                     (a)  Australia’s current and future needs and priorities relating to nationally significant infrastructure;

                     (b)  policy, pricing and regulatory issues that may impact on the utilisation of infrastructure;

                   (ba)  policy issues arising from climate change;

                     (c)  impediments to the efficient utilisation of national infrastructure networks;

                     (d)  options and reforms, including regulatory reforms, to make the utilisation of national infrastructure networks more efficient;

                     (e)  the needs of users of infrastructure;

                      (f)  mechanisms for financing investment in infrastructure;

                     (g)  the delivery of infrastructure projects.

             (2)  For the purposes of paragraph (1)(g), Infrastructure Australia may evaluate the delivery of an infrastructure project, including evaluating:

                     (a)  the delivery against any targets set before or during delivery; and

                     (b)  any relevant assumptions made before or during delivery.

             (3)  Infrastructure Australia also has the function of promoting public awareness of the matters mentioned in subsections (1) and (2), including by publishing information on its website.

6  Minister may give directions to Infrastructure Australia

             (1)  The Minister may give written directions to Infrastructure Australia about the performance of its functions.

             (2)  The Minister may have regard to any decisions by COAG in giving directions under subsection (1).

             (3)  Directions given by the Minister under subsection (1) must be of a general nature only.

             (4)  However, the Minister must not give directions about the content of any audit, list, evaluation, plan or advice to be provided by Infrastructure Australia.

             (5)  Infrastructure Australia must comply with any direction given by the Minister under subsection (1).

             (6)  A direction given by the Minister under subsection (1) is not a legislative instrument.

6A  Powers

             (1)  Infrastructure Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  Infrastructure Australia’s powers include, but are not limited to, the following powers:

                     (a)  the power to enter into contracts and agreements;

                     (b)  the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of Infrastructure Australia;

                     (c)  the power to acquire, hold and dispose of real or personal property;

                     (d)  the power to negotiate and cooperate with other Commonwealth bodies and with State, Territory and local government bodies;

                     (e)  the power to do anything incidental to any of its powers.

6B  Consultation

                   Infrastructure Australia must, in performing its functions and exercising its powers, consult with such of the following as it considers appropriate:

                     (a)  government, commercial, industrial, consumer, academic, professional and other relevant bodies and organisations;

                     (b)  investors in infrastructure and owners of infrastructure.

6C  Infrastructure Australia does not have privileges and immunities of the Crown

                   Infrastructure Australia does not have the privileges and immunities of the Crown in right of the Commonwealth.

Part 2ABoard of Infrastructure Australia

Division 1Establishment and functions of the Board

6D  Establishment

                   There is to be a Board of Infrastructure Australia.

6E  Functions

             (1)  The functions of the Board are:

                     (a)  to decide the objectives, strategies and policies to be followed by Infrastructure Australia; and

                     (b)  to ensure the proper, efficient and effective performance of the Infrastructure Australia’s functions; and

                     (c)  any other functions conferred on the Board by this Act.

             (2)  The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (3)  Anything done in the name of, or on behalf of, Infrastructure Australia by the Board, or with the authority of the Board, is taken to have been done by Infrastructure Australia.

             (4)  If a function or power of Infrastructure Australia is dependent on the opinion, belief or state of mind of Infrastructure Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.

Division 2Constitution and membership of the Board

7  Constitution of the Board

                   Infrastructure Australia consists of:

                     (a)  the Chair; and

                     (b)  11 other members.

Note:          Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.

8  Appointment of members

             (1)  Members (including the Chair) are to be appointed by the Minister by written instrument.

             (2)  In making appointments, the Minister must ensure that:

                     (a)  he or she is satisfied that each member has knowledge of, or experience in, a field relevant to Infrastructure Australia’s functions; and

                     (b)  9 members (of whom one is the Chair) are people nominated by the Commonwealth; and

                     (c)  5 of the members (of whom one is the Chair) covered by paragraph (b) have acquired the knowledge or experience referred to in paragraph (a) in the private sector; and

                     (d)  one of the members covered by paragraph (b) has acquired the knowledge or experience referred to in paragraph (a) in local government; and

                     (e)  3 members are people nominated by agreement between the States, the Australian Capital Territory and the Northern Territory.

             (3)  The Chair may be appointed on a full‑time or part‑time basis.

             (4)  A member, other than the Chair, must be appointed on a part‑time basis.

9  Term of appointment

                   A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note:          A member is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.

10  Acting appointments

             (1)  The Minister may appoint a member to act as the Chair:

                     (a)  during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (2)  The Minister may appoint a person to act as a member:

                     (a)  during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when a member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

11  Remuneration

             (1)  A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

             (2)  A member is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

12  Leave of absence

Full‑time Chair

             (1)  A full‑time Chair has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant a full‑time Chair leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Part‑time Chair

             (3)  The Minister may grant leave of absence to a part‑time Chair on the terms and conditions that the Minister determines.

Other members

             (4)  The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.

             (5)  The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.

15  Outside employment

                   A full‑time Chair must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

16  Other terms and conditions

                   A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

17  Resignation of members

             (1)  A member may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

18  Termination of appointment

All members

             (1)  The Minister may terminate the appointment of a member:

                     (a)  for misbehaviour; or

                     (b)  if the member is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Minister may terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with one or more of his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

                     (b)  the member fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 (disclosure of interests).

Additional grounds for full‑time Chair

             (3)  The Minister may terminate the appointment of a full‑time Chair if:

                     (a)  the Chair is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (b)  the Chair engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see section 15).

Additional ground for part‑time Chair and other members

             (4)  The Minister may terminate the appointment of a member (other than a full‑time Chair) if the member is absent, except on leave of absence, from 3 consecutive meetings of Infrastructure Australia.

Division 3Meetings of the Board

19  Convening meetings

             (1)  The Board must hold the meetings that are necessary for the efficient performance of its functions.

             (2)  Meetings are to be held at the times and places that the Board determines.

Note:          See also section 33B of the Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.

             (3)  The Chair:

                     (a)  may convene a meeting; and

                     (b)  must convene at least 4 meetings each calendar year; and

                     (c)  must convene a meeting if requested in writing by:

                              (i)  3 or more other members; or

                             (ii)  the Minister.

20  Presiding at meetings

             (1)  The Chair must preside at all meetings at which he or she is present.

             (2)  If the Chair is not present at a meeting, the other members present must appoint a member to preside.

21  Quorum

             (1)  At a meeting of the Board, 8 members constitute a quorum.

             (2)  However, if:

                     (a)  a member is required by section 27J of the Commonwealth Authorities and Companies Act 1997 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and

                     (b)  when the member leaves the meeting concerned there is no longer a quorum present;

the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

22  Voting at meetings

             (1)  A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.

             (2)  The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.

23  Conduct of meetings

                   The Board may regulate proceedings at its meetings as it considers appropriate.

24  Minutes

                   The Board must keep minutes of its meetings.

25  Decisions without meetings

             (1)  The Board is taken to have made a decision at a meeting if:

                     (a)  without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and

                     (b)  that agreement is indicated in accordance with the method determined by the Board under subsection (2); and

                     (c)  all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

             (2)  Subsection (1) applies only if the Board:

                     (a)  has determined that it may make decisions of that kind without meeting; and

                     (b)  has determined the method by which members are to indicate agreement with proposed decisions.

             (3)  For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.

             (4)  The Board must keep a record of decisions made in accordance with this section.

Part 3Chief Executive Officer, staff and consultants

Division 1Chief Executive Officer of Infrastructure Australia

27  Establishment

                   There is to be a Chief Executive Officer of Infrastructure Australia.

28  Role

             (1)  The CEO is responsible for the day‑to‑day administration of Infrastructure Australia.

             (2)  The CEO has any functions conferred on the CEO by or under this Act or any other law.

             (3)  The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.

28A  CEO to act in accordance with policies and directions of Board

             (1)  The CEO is to act in accordance with policies determined by the Board.

             (2)  The Board may give written directions to the CEO about the performance of the CEO’s responsibilities.

             (3)  The CEO must comply with a direction under subsection (2).

             (4)  Subsection (3) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999.

             (5)  A direction under subsection (2) is not a legislative instrument.

29  Appointment

             (1)  The CEO is to be appointed by the Board by written instrument.

             (2)  The CEO is to be appointed on a full‑time basis.

30  Term of appointment

                   The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:          The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.

31  Acting CEO

                   The Board may appoint a person to act as the CEO:

                     (a)  during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

32  Remuneration

             (1)  The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.

             (2)  The CEO is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

33  Leave of absence

             (1)  The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.

34  Disclosure of interests to the Board

                   The CEO must give written notice to the Board of all interests, pecuniary or otherwise, that the CEO has or acquires and that conflict or could conflict with the proper performance of the CEO’s functions and responsibilities.

35  Outside employment

                   The CEO must not engage in paid employment outside the duties of his or her office without the Chair’s approval.

36  Other terms and conditions

                   The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.

37  Resignation

             (1)  The CEO may resign his or her appointment by giving the Chair a written resignation.

             (2)  The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.

38  Termination of appointment

                   The Board may terminate the appointment of the CEO at any time, by instrument in writing.

Division 2Staff and consultants

39  Staff of Infrastructure Australia

             (1)  Infrastructure Australia may do either or both of the following:

                     (a)  engage persons under the Public Service Act 1999;

                     (b)  employ under written agreements such persons as Infrastructure Australia thinks necessary for the performance or exercise of any of its functions or powers.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the CEO and the APS employees referred to in paragraph (1)(a) together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.

             (3)  The terms and conditions of employment of persons employed under paragraph (1)(b) are such as the CEO determines from time to time.

39A  Staff seconded to Infrastructure Australia

             (1)  Infrastructure Australia may be assisted by:

                     (a)  persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to Infrastructure Australia in connection with the performance of its functions or the exercise of its powers; and

                     (b)  persons whose services are so made available under arrangements made under subsection (2).

             (2)  Infrastructure Australia may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to Infrastructure Australia to perform services in connection with the performance of its functions or the exercise of its powers.

39AA  Consultants

                   Infrastructure Australia may engage consultants to assist in the performance of its functions.

Part 3APlanning and reporting

  

39B  Corporate plan

             (1)  Infrastructure Australia must prepare a corporate plan at least once each financial year and give it to the Minister.

             (2)  The plan must cover a period of 3 financial years.

             (3)  The plan must include details of the following matters:

                     (a)  a statement of the objectives that Infrastructure Australia will pursue;

                     (b)  the strategies and policies that Infrastructure Australia will adopt to achieve those objectives;

                     (c)  performance indicators for the assessment of Infrastructure Australia’s performance of its functions.

             (5)  The Board may vary the plan.

Consultation requirements

             (6)  In preparing the plan, or a variation of the plan, Infrastructure Australia must consult with:

                     (a)  the Minister; and

                     (b)  such of the following as it considers appropriate:

                              (i)  government, commercial, industrial, consumer and other relevant bodies and organisations;

                             (ii)  investors in infrastructure and owners of infrastructure.

39C  Additional content for annual report

                   The annual report for Infrastructure Australia prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 for a year must also include:

                     (a)  details of any directions given to it by the Minister under subsection 6(1) during the year; and

                     (b)  an assessment of the extent to which Infrastructure Australia’s operations during the year have contributed to the objectives set out in the corporate plan applicable for the year; and

                     (c)  an evaluation of Infrastructure Australia’s overall performance during the year against the performance indicators set out in the corporate plan for the year;

                     (d)  details of each method of preparing cost benefit analyses approval of which was in force under subsection 5B(3) at any time during the year, including the weight required to be assigned to each factor the method required to be taken into account.

Part 3BFinance

  

39D  Money payable to Infrastructure Australia

             (1)  There is payable to Infrastructure Australia such money as is appropriated by the Parliament for the purposes of Infrastructure Australia.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Infrastructure Australia.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

39DA  Application of money by Infrastructure Australia

             (1)  The money of Infrastructure Australia is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Infrastructure Australia in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act.

             (2)  Subsection (1) does not prevent investment of surplus money of Infrastructure Australia under section 18 of the Commonwealth Authorities and Companies Act 1997.

39DB  Restrictions on financial transactions

             (1)  Infrastructure Australia must not, without the written approval of the Minister:

                     (a)  acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or

                     (b)  dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or

                     (c)  enter into a lease of land for a period exceeding 10 years.

             (2)  Paragraphs (1)(a) and (b) do not apply to the investment of money by Infrastructure Australia under section 18 of the Commonwealth Authorities and Companies Act 1997.

             (3)  Infrastructure Australia must not borrow money from any person.

             (4)  Nothing in subsection (3) affects Infrastructure Australia’s ability to obtain goods or services on credit in accordance with section 28A of the Commonwealth Authorities and Companies Act 1997.

             (5)  An approval under subsection (1) is not a legislative instrument.

39DC  Taxation

                   Infrastructure Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.

Note:          Despite this section, Infrastructure Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).

Part 4Miscellaneous

  

40  Delegation by the Minister

             (1)  The Minister may, by writing, delegate any or all of his or her functions and powers under this Act (other than a function or power under section 6, 8 or 18) to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

             (2)  In exercising functions or powers delegated under subsection (1), the delegate must comply with any directions of the Minister.

40A  Delegation by Infrastructure Australia

             (1)  Infrastructure Australia may, in writing under its seal, delegate any or all of its powers or functions under this Act to:

                     (a)  a member of the Board; or

                     (b)  the CEO.

             (2)  In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of Infrastructure Australia.

40B  Delegation by Board

             (1)  The Board may, in writing, delegate any or all of its powers or functions under this Act to:

                     (a)  a member of the Board; or

                     (b)  the CEO.

             (2)  In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Board.

40C  Delegation and subdelegation by CEO

             (1)  The CEO may, in writing, delegate any of the CEO’s powers or functions under this Act to a person mentioned in section 39 or 39A who:

                     (a)  is an SES employee, or acting SES employee; or

                     (b)  holds, or is acting in, an Executive Level 2 position; or

                     (c)  occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.

             (2)  If the Infrastructure Australia or the Board delegates a power or function under subsection 40A(1) or 40B(1) to the CEO, the CEO may, in writing, subdelegate the power or function to a person mentioned in paragraph (1)(a), (b) or (c) of this section.

             (3)  In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the CEO.

             (4)  Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.

41  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Infrastructure Australia Act 2008

17, 2008

8 Apr 2008

9 Apr 2008

 

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 711–718) and Sch 3 (items 10, 11): 27 Dec 2011

Sch 3 (items 10, 11)

Tax Laws Amendment (2013 Measures No. 2) Act 2013

124, 2013

29 June 2013

Sch 2 (items 43–46): 11 July 2013 (F2013L01359)

Sch 2 (item 46)

Infrastructure Australia Amendment Act 2014

77, 2014

17 July 2014

Sch 1 (items 1‑42): 1 Sept 2014 (s 2(1) item 2 and F2014L01120)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title......................................

am No 77, 2014

Pt 1

 

s 3........................................

am No 77, 2014

Pt 2

 

Div 1

 

hdg to Div 1 of Pt 2..............

rep No 77, 2014

s 4........................................

rs No 77, 2014

s 5........................................

rs No 77, 2014

s 5A.....................................

ad No 77, 2014

s 5B......................................

ad No 77, 2014

s 5C......................................

ad No 77, 2014

s 6........................................

am No 77, 2014

6A........................................

ad No 77, 2014

6B........................................

ad No 77, 2014

6C........................................

ad No 77, 2014

Pt 2A

 

Pt 2A....................................

ad No 77, 2014

Div 1

 

6D........................................

ad No 77, 2014

6E........................................

ad No 77, 2014

Div 2

 

hdg to Div 2 of Pt 2A...........

rs No 77, 2014

s 7........................................

rs No 77, 2014

Note to s 9............................

am No 46, 2011

s 10......................................

am No 46, 2011

Note to s 10(1).....................

ad No 46, 2011

Note to s 10(2).....................

rs No 46, 2011

s 13......................................

rep No 77, 2014

s 14......................................

rep No 77, 2014

s 18......................................

am No 77, 2014

Div 3

 

hdg to Div 3 of Pt 2A...........

rs No 77, 2014

s 19......................................

am No 77, 2014

s 21......................................

am No 77, 2014

s 23......................................

am No 77, 2014

s 24......................................

am No 77, 2014

s 25......................................

am No 77, 2014

Div 4 of Pt 2.........................

rep No 77, 2014

s 26......................................

rep No 77, 2014

Pt 3

 

hdg to Pt 3............................

rs No 77, 2014

Div 1

 

Div 1 of Pt 3.........................

rs No 77, 2014

s 27......................................

rs No 77, 2014

s 28......................................

am No 124, 2013

 

rs No 77, 2014

s 28A...................................

ad No 77, 2014

hdg to Div 2 of Pt 3..............

rep No 77, 2014

s 29......................................

am No 77, 2014

s 30......................................

am No 77, 2014

Note to s 30..........................

am No 46, 2011; No 77, 2014

hdg to s 31...........................

rs No 77, 2014

s 31......................................

am No 46, 2011; No 77, 2014

Note to s 31..........................

rs No 46, 2011

s 32......................................

am No 77, 2014

s 33......................................

am No 77, 2014

s 34......................................

rs No 77, 2014

s 35......................................

rs No 77, 2014

s 36......................................

rs No 77, 2014

s 37......................................

rs No 77, 2014

s 38......................................

rs No 77, 2014

Div 3 of Pt 3...................... re

rep No 77, 2014

s 39......................................

rep No 77, 2014

Div 2

 

Div 2 of Pt 3.........................

ad No 77, 2014

s 39......................................

ad No 77, 2014

s 39A...................................

ad No 77, 2014

s 39AA.................................

ad No 77, 2014

Pt 3A

 

Pt 3A....................................

ad No 77, 2014

s 39B....................................

ad No 77, 2014

s 39C....................................

ad No 77, 2014

Pt 3B

 

Pt 3B....................................

ad No 77, 2014

s 39D...................................

ad No 77, 2014

s 39DA.................................

ad No 77, 2014

s 39DB.................................

ad No 77, 2014

s 39DC.................................

ad No 77, 2014

Pt 4

 

hdg to s 40........................... .......................................... rs

rs No 77, 2014

s 40......................................

am No 124, 2013; No 77, 2014

s 40A...................................

ad No 77, 2014

s 40B....................................

ad No 77, 2014

s 40C....................................

ad No 77, 2014

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]