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Public Works Committee Regulation 2016

Authoritative Version
  • - F2018C00503
  • In force - Superseded Version
  • View Series
Regulations as amended, taking into account amendments up to Public Works Committee Amendment (Snowy Hydro Limited) Regulations 2018
This instrument repeals the Public Works Committee Regulations 1969 and prescribes: matters included in the definition of work in accordance with paragraph 5(f) of the Public Works Committee Act 1969; authorities of the Commonwealth to which the Act does not apply; the forms for oaths, affirmations, summons and warrants; and fees and expenses of witnesses and assessors.
Administered by: Finance
Registered 03 Aug 2018
Start Date 14 Jul 2018
End Date 22 Mar 2019

Commonwealth Coat of Arms of Australia

Public Works Committee Regulation 2016

made under the

Public Works Committee Act 1969

Compilation No. 2

Compilation date:                              14 July 2018

Includes amendments up to:            F2018L01029

Registered:                                         3 August 2018

 

About this compilation

This compilation

This is a compilation of the Public Works Committee Regulation 2016 that shows the text of the law as amended and in force on 14 July 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Definitions in, and application of, Act                                                                              2

6............ Matters included in the definition of work in section 5 of Act....................................... 2

7............ Authorities of the Commonwealth to which the Act does not apply.............................. 2

Part 3—Forms relating to witnesses                                                                                                      3

8............ Forms of oath and affirmation by witnesses.................................................................. 3

9............ Form of summons to witness........................................................................................ 3

10.......... Form of warrant for apprehension of summoned witness............................................. 3

Part 4—Fees and expenses of witnesses and assessors                                                              4

11.......... Fees and expenses of witnesses and assessors.............................................................. 4

12.......... No double payment for attending both Committee meeting and Sectional Committee meeting 4

Schedule 1—Forms relating to witnesses                                                                         6

Part 1—Form for oath of witness                                                                                                           6

Part 2—Form for affirmation of witness                                                                                           7

Part 3—Form for summons to witness                                                                                                8

Part 4—Form of warrant for apprehension of summoned witness                                  9

Endnotes                                                                                                                                                               10

Endnote 1—About the endnotes                                                                                                      10

Endnote 2—Abbreviation key                                                                                                          11

Endnote 3—Legislation history                                                                                                       12

Endnote 4—Amendment history                                                                                                     13


Part 1Preliminary

  

1  Name

                   This is the Public Works Committee Regulation 2016.

3  Authority

                   This instrument is made under the Public Works Committee Act 1969.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    assessor;

(b)    authority of the Commonwealth;

(c)    member;

(d)    the Committee.

                   In this instrument:

Act means the Public Works Committee Act 1969.

Sectional Committee means a Sectional Committee mentioned in section 10 of the Act.

Part 2Definitions in, and application of, Act

  

6  Matters included in the definition of work in section 5 of Act

                   For the purposes of paragraph (f) of the definition of work in section 5 of the Act, an activity that:

                     (a)  is described in paragraph (a), (b), (c) or (d) of that definition; and

                     (b)  relates to:

                              (i)  a temporary building or structure; or

                             (ii)  a demountable building or structure;

is declared to be a work.

7  Authorities of the Commonwealth to which the Act does not apply

                   For the purposes of subsection 6A(3) of the Act, it is declared that the Act does not apply to an authority of the Commonwealth mentioned in the following table.

 

Item

Authority of the Commonwealth

1

ASC Pty Ltd

2

ASC Engineering Pty Ltd

3

ASC Shipbuilding Pty Ltd

4

Deep Blue Tech Pty Ltd

5

ASC AWD Shipbuilder Pty Ltd

6

ASC Modules Pty Ltd

7

A wholly‑owned subsidiary of a company mentioned in item 1, 2, 3, 4, 5 or 6

8

A wholly‑owned subsidiary of a wholly‑owned subsidiary mentioned in item 7

9

Australian Grape and Wine Authority

10

Australian Postal Corporation

11

Defence Housing Australia

12

Export Finance and Insurance Corporation

13

Moorebank Intermodal Company Limited

14

NBN Co Limited

14A

Snowy Hydro Limited

14B

A wholly‑owned subsidiary of Snowy Hydro Limited

14C

A wholly‑owned subsidiary of a wholly‑owned subsidiary mentioned in item 14B

15

WSA Co Limited

Note:          Some Acts dealing with particular authorities of the Commonwealth (such as certain Aboriginal Land Trusts) also provide that the Public Works Committee Act 1969 does not apply to those authorities.

Part 3Forms relating to witnesses

  

8  Forms of oath and affirmation by witnesses

             (1)  For the purposes of subsection 20(2) of the Act, Part 1 of Schedule 1 prescribes a form of an oath of a witness.

             (2)  For the purposes of subsection 20(2) of the Act, Part 2 of Schedule 1 prescribes a form of an affirmation of a witness.

9  Form of summons to witness

                   For the purposes of subsection 21(2) of the Act, Part 3 of Schedule 1 prescribes a form of a summons to a person to appear to give evidence.

10  Form of warrant for apprehension of summoned witness

                   For the purposes of subsection 22(2) of the Act, Part 4 of Schedule 1 prescribes a form of a warrant for the apprehension of a person who has been summoned to give evidence and has failed to appear, or to continue to attend, as a witness.

Part 4Fees and expenses of witnesses and assessors

  

11  Fees and expenses of witnesses and assessors

             (1)  A witness appearing before, or an assessor attending, the Committee or a Sectional Committee is to be paid such fees and travelling expenses as the Chair of the Committee or the Chair of the Sectional Committee (as appropriate) allows in accordance with this section.

Fees for expert witnesses and assessors

             (2)  A witness who is an expert, or an assessor, is to be allowed a fee of an amount:

                     (a)  not less than the amount worked out using the rate specified for witnesses’ expenses in the High Court Rules 2004; and

                     (b)  not more than the actual fees:

                              (i)  of the witness for preparing to give evidence and for appearing; or

                             (ii)  of the assessor for preparing to attend and attending.

             (3)  A witness who is an expert, or an assessor, is to be allowed a fee of a reasonable amount for qualifying to give evidence to, or attend, the Committee or Sectional Committee, in addition to a fee allowed under subsection (2).

Fees for ordinary witnesses

             (4)  A witness who is not an expert is to be allowed a fee worked out using the hourly rate specified in the High Court Rules 2004 for witnesses’ expenses.

Travelling expenses for witnesses and assessors

             (5)  A witness or assessor is to be allowed a reasonable amount for:

                     (a)  travel to and from the place where he or she appears before, or attends, the Committee or Sectional Committee; and

                     (b)  if he or she needs to be absent from his or her usual place of residence for that appearance or attendance—meals and accommodation.

12  No double payment for attending both Committee meeting and Sectional Committee meeting

             (1)  A witness or assessor who would, apart from this subsection, be entitled to be paid both of the following is to be paid only the greater of them, and not both of them:

                     (a)  fees and expenses for appearing before, or attending, the Committee on a particular day;

                     (b)  fees and expenses for appearing before, or attending, a Sectional Committee on that day.

             (2)  A witness or assessor who would, apart from this subsection, be entitled to be paid both of the following is to be paid only the greater of them, and not both of them:

                     (a)  expenses for travel on a particular journey to appear before, or attend, the Committee;

                     (b)  expenses for travel on the same journey to appear before, or attend, a Sectional Committee.

             (3)  This section has effect despite section 11.


Schedule 1Forms relating to witnesses

Note:       See sections 8 , 9 and 10.

Part 1Form for oath of witness

The evidence I will give on this examination will be the truth, the whole truth and nothing but the truth.

 

So help me God!

Part 2Form for affirmation of witness

I solemnly and sincerely affirm and declare that the evidence I will give on this examination will be the truth, the whole truth and nothing but the truth.

Part 3Form for summons to witness

Commonwealth of Australia

 

Public Works Committee Act 1969

 

Summons to a witness

 

To [insert name, address and occupation of witness]

 

You are summoned to appear before *the Parliamentary Standing Committee on Public Works/*a Sectional Committee of the Parliamentary Standing Committee on Public Works at [insert place] at [insert time] on [insert day, month and year], to give evidence *and to produce [specify the documents required to be produced].

 

You must continue in attendance, unless excused or released by a member from continuing in attendance.

 

Dated [insert date].

 

*Chair of the Parliamentary Standing Committee on Public Works

*Member of the Parliamentary Standing Committee on Public Works

*Chair of a Sectional Committee of the Parliamentary Standing Committee on Public Works

*Deputy Chair of a Sectional Committee of the Parliamentary Standing Committee on Public Works

 

* Delete if inapplicable

Part 4Form of warrant for apprehension of summoned witness

Commonwealth of Australia

 

Public Works Committee Act 1969

 

Warrant for the apprehension of a witness

 

To [insert description of persons to whom the warrant is addressed]

 

[Insert name, address and occupation of witness] has been summoned to appear before *the Parliamentary Standing Committee on Public Works/*a Sectional Committee of the Parliamentary Standing Committee on Public Works but has failed *to appear/*to continue in attendance as required by the summons.

 

You are commanded and authorised:

                     (a)  to apprehend [insert name of witness]; and

                     (b)  to bring *him/*her before the *Parliamentary Standing Committee on Public Works/*Sectional Committee of the Parliamentary Standing Committee on Public Works to give evidence; and

                     (c)  to detain *him/*her in custody for that purpose until *he/*she is released by order of the Chair of the *Parliamentary Standing Committee on Public Works/*Sectional Committee of the Parliamentary Standing Committee on Public Works or a member.

 

Dated [insert date].

 

*Chair of the Parliamentary Standing Committee on Public Works

*Member of the Parliamentary Standing Committee on Public Works

*Chair of a Sectional Committee of the Parliamentary Standing Committee on Public Works

*Deputy Chair of a Sectional Committee of the Parliamentary Standing Committee on Public Works

 

* Delete if inapplicable


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Public Works Committee Regulation 2016

25 Nov 2016 (F2016L01808)

26 Nov 2016 (s 2(1) item 1)

 

Public Works Committee Amendment (WSA Co Limited) Regulations 2017

11 Aug 2017 (F2017L01016)

12 Aug 2017 (s 2(1) item 1)

Public Works Committee Amendment (Snowy Hydro Limited) Regulations 2018

13 July 2018 (F2018L01029)

14 July 2018 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

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

rep LA s 48C

Part 2

 

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

am F2017L01016; F2018L01029

Schedule 2................................

rep LA s 48C