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Nation-building Funds Bill 2008

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5693

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Nation-building Funds Bill 2008

 

 

(1)     Clause 4, page 5 (after line 29), after the definition of COAG Reform Fund , insert:

committee means the Parliamentary Joint Committee on Nation-Building for the time being constituted under Part 2.5A.

committee member means a member of the Parliamentary Joint Committee on Nation-Building.

[PJC on Nation-Building]

(2)     Page 90 (after line 22), after Part 2.5, insert:

Part 2.5A Parliamentary Joint Committee on Nation-Building

   

115A   Parliamentary Joint Committee on Nation-Building

             (1)  As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on Nation-Building is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.

             (2)  The committee must consist of 12 committee members; namely, 6 members of the Senate appointed by the Senate, at least one of whom is to be nominated by any minority group or groups or independent senator or independent senators, and 6 members of the House of Representatives appointed by that House; provided that there must not be more than 5 members in total from either the Government or the Opposition.

             (3)  A member of the Parliament is not eligible for appointment as a committee member if he or she is:

                     (a)  a Minister;

                     (b)  the President of the Senate;

                     (c)  the Speaker of the House of Representatives; or

                     (d)  the Deputy-President and Chairman of Committees of the Senate or the Chairman of Committees of the House of Representatives.

             (4)  A committee member ceases to hold office:

                     (a)  when the House of Representatives expires by effluxion of time or is dissolved;

                     (b)  if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3);

                     (c)  if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or

                     (d)  if he or she resigns his or her office as provided by subsection (5) or (6).

             (5)  A committee member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.

             (6)  A committee member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.

             (7)  Either House of the Parliament may appoint one of its members to fill a vacancy amongst the committee members appointed by that House.

115B  Powers and proceedings of the committee

                   All matters relating to the powers and proceedings of the committee must be determined by resolution of both Houses of the Parliament.

115C   Duties of the committee

                   The duties of the Committee are:

                     (a)  to consider Infrastructure Australia advice that is referred to the committee under section 119B;

                     (b)  to consider EIF Advisory Board advice that is referred to the committee under section 171A;

                     (c)  to consider HHF Advisory Board advice that is referred to the committee under section 246A;

                     (d)  to consider relevant Ministers’ statements of reasons;

                     (e)  to report to both Houses of the Parliament, with such comments as it thinks fit, on any advice referred to it under paragraph (a), (b) or (c), and on any matter appertaining to or connected with that advice to which, in the opinion of the committee, the attention of the Parliament should be directed;

                      (f)  to examine each annual report on Infrastructure Australia and report to the Parliament on any matter appearing in, or arising out of, any such annual report;

                     (g)  to examine trends and changes in infrastructure provision and provision of education, health and hospital services and report to both Houses of the Parliament any change which the committee thinks desirable to:

                              (i)  the functions, structure and operations of Infrastructure Australia, the EIF Advisory Board or the HHF Advisory Board; or

                             (ii)  the operation of the Building Australia Fund, the Education Investment Fund or the Health and Hospitals Fund;

                     (h)  to inquire into any question in connection with its duties that is referred to it by either House of the Parliament, and to report to that House upon that question.

[PJC on Nation-Building]

(3)     Page 93 (after line 4), after clause 119, insert:

119A   Infrastructure Australia advice to be tabled

                   On receiving any advice prepared by Infrastructure Australia under subsection 116(1), 117(1), 118(1) or 119(1), the relevant Minister must cause a copy of the advice to be laid before each House of the Parliament within 3 sitting days of that House after the day on which he or she receives the advice.

[advice to be tabled]

(4)     Page 93 (after line 4), after clause 119, insert:

119B   Reference of advice of Infrastructure Australia to the Parliamentary Joint Committee on Nation-Building

             (1)  If Infrastructure Australia provides advice in accordance with subsection 116(1), 117(1), 118(1) or 119(1) in support of infrastructure the estimated cost of which exceeds the threshold amount, the advice and any document it considered when formulating that advice stands referred to the Parliamentary Joint Committee on Nation-Building for consideration and report.

             (2)  If Infrastructure Australia provides advice in accordance with subsection 116(1), 117(1), 118(1) or 119(1) in support of infrastructure the estimated cost of which does not exceed the threshold amount, the advice and any document it considered when formulating that advice must be provided to the Parliamentary Joint Committee on Nation-Building.

             (3)  On receiving the advice of Infrastructure Australia in support of infrastructure the estimated cost of which exceeds the threshold amount, the Minister must cause a copy of the advice to be laid before each House of the Parliament within 3 sitting days of that House after the day on which the Minister receives the advice, together with such plans, specifications and other particulars as the Minister thinks necessary.

             (4)  Development of infrastructure which is the subject of advice that has been referred to the committee in accordance with this section must not commence before a report of the committee concerning the work has been presented to both Houses of the Parliament.

             (5)  If, after a report of the committee in accordance with subsection (1) has been presented to both Houses of the Parliament and before the development of the infrastructure has commenced, each House resolves that, for reasons or purposes stated in the resolution, the advice of Infrastructure Australia is again referred to the committee for consideration and report, the committee must further consider the advice and the development of the infrastructure must not commence before a further report of the committee concerning the advice has been presented to both Houses.

             (6)  In this section:

estimated cost , in relation to the development of infrastructure, means an estimate of cost made when all the particulars of the development of the infrastructure substantially affecting its cost have been determined and includes the life-cycle costs of the infrastructure.

threshold amount means:

                     (a)  $50,000,000; or

                     (b)  if another lower amount is specified in the regulations for the purposes of this definition—that other amount.

[reference of advice to PJC on Nation-Building]

(5)     Clause 171, page 132 (after line 21), after subclause (4), insert:

          (4A)  On receiving any advice prepared by the EIF Advisory Board under subsection (1) or (6), the relevant Minister must cause a copy of the advice to be laid before each House of the Parliament within 3 sitting days of that House after the day on which he or she receives the advice.

[advice to be tabled]

(6)     Page 133 (after line 7), after clause 171, insert:

171A   Reference of advice of EIF Board to the Parliamentary Joint Committee on Nation-Building

             (1)  If the EIF Advisory Board provides advice in accordance with subsection 171(1) or (6) in support of infrastructure the estimated cost of which exceeds the threshold amount, the advice and any document it considered when formulating that advice stands referred to the Parliamentary Joint Committee on Nation-Building for consideration and report.

             (2)  If the EIF Advisory Board provides advice in accordance with subsection 171(1) or (6) in support of infrastructure the estimated cost of which does not exceed the threshold amount, the advice and any document it considered when formulating that advice must be provided to the Parliamentary Joint Committee on Nation-Building .

             (3)  On receiving the advice of the EIF Advisory Board in support of infrastructure the estimated cost of which exceeds the threshold amount, the Minister must cause a copy of the advice to be laid before each House of the Parliament within 3 sitting days of that House after the day on which the Minister receives the advice, together with such plans, specifications and other particulars as the Minister thinks necessary.

             (4)  Development of infrastructure which is the subject of advice that has been referred to the committee in accordance with this section must not commence before a report of the committee concerning the work has been presented to both Houses of the Parliament.

             (5)  If, after a report of the committee in accordance with subsection (1) has been presented to both Houses of the Parliament and before the development of the infrastructure has commenced, each House resolves that, for reasons or purposes stated in the resolution, the advice of the EIF Advisory Board is again referred to the committee for consideration and report, the committee must further consider the advice and the development of the infrastructure must not commence before a further report of the committee concerning the advice has been presented to both Houses.

             (6)  In this section:

estimated cost , in relation to the development of infrastructure, means an estimate of cost made when all the particulars of the development of the infrastructure substantially affecting its cost have been determined and includes the life-cycle costs of the infrastructure.

threshold amount means:

                     (a)  $50,000,000; or

                     (b)  if another lower amount is specified in the regulations for the purposes of this definition—that other amount.

[reference of advice to PJC on Nation-Building]

(7)     Clause 246, page 186 (after line 8), at the end of the clause, add:

             (3)  On receiving any advice prepared by the HHF Advisory Board under subsection (1), the Health Minister must cause a copy of the advice to be laid before each House of the Parliament within 3 sitting days of that House after the day on which he or she receives the advice.

[advice to be tabled]

(8)     Page 186 (after line 8), after clause 246, insert:

246A   Reference of advice of HHF Board to the Parliamentary Joint Committee on Nation-Building

             (1)  If the HHF Advisory Board provides advice in accordance with subsection 246(1) in support of infrastructure the estimated cost of which exceeds the threshold amount, the advice and any document it considered when formulating that advice stands referred to the Parliamentary Joint Committee on Nation-Building for consideration and report.

             (2)  If the HHF Advisory Board provides advice in accordance with subsection 246(1) in support of infrastructure the estimated cost of which does not exceed the threshold amount, the advice and any document it considered when formulating that advice must be provided to the Parliamentary Joint Committee on Nation-Building .

             (3)  On receiving the advice of the HHF Advisory Board in support of infrastructure the estimated cost of which exceeds the threshold amount, the Minister must cause a copy of the advice to be laid before each House of the Parliament within 3 sitting days of that House after the day on which the Minister receives the advice, together with such plans, specifications and other particulars as the Minister thinks necessary.

             (4)  Development of infrastructure which is the subject of advice that has been referred to the committee in accordance with this section must not commence before a report of the committee concerning the work has been presented to both Houses of the Parliament.

             (5)  If, after a report of the committee in accordance with subsection (1) has been presented to both Houses of the Parliament and before the development of the infrastructure has commenced, each House resolves that, for reasons or purposes stated in the resolution, the advice of the HHF Advisory Board is again referred to the committee for consideration and report, the committee must further consider the advice and the development of the infrastructure must not commence before a further report of the committee concerning the advice has been presented to both Houses.

             (6)  In this section:

estimated cost , in relation to the development of infrastructure, means an estimate of cost made when all the particulars of the development of the infrastructure substantially affecting its cost have been determined and includes the life-cycle costs of the infrastructure.

threshold amount means:

                     (a)  $50,000,000; or

                     (b)  if another lower amount is specified in the regulations for the purposes of this definition—that other amount.

[reference of advice to PJC on Nation-Building]

(9)     Page 204 (after line 9), at the end of the bill, add:

Schedule 1 Amendment of other Acts

Infrastructure Australia Act 2008

1  At the end of section 5

Add:

             (6)  On receiving any advice or other document prepared by Infrastructure Australia under subsection (1) or (2), the Minister must cause a copy of the advice or other document, as the case may be, to be laid before each House of the Parliament within 3 sitting days of that House after the day on which the Minister receives the advice or other document, as the case may be.

[Infrastructure Australia advice to be tabled]