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Land Transport Infrastructure Amendment Bill 2014

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7477 revised

2013-2014

 

The Parliament of th e

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Land Transport Infrastructure Amendment Bill 2014

 

 

(1)     Schedule 1, item 2, page 3 (after line 17), after paragraph (a) of the definition of approved funding recipient , insert:

                    (aa)  a Heavy Vehicle Safety and Productivity Project;

[ Heavy Vehicle Safety and Productivity Projects]

(2)     Schedule 1, item 3, page 3 (after line 26), after paragraph (a) of the definition of approved purposes , insert:

                    (aa)  a Heavy Vehicle Safety and Productivity Project;

[ Heavy Vehicle Safety and Productivity Projects]

(3)     Schedule 1, item 8, page 4 (before line 18), before the definition of Infrastructure Project , insert:

Heavy Vehicle Safety and Productivity Project has the meaning given by section 86A.

[ Heavy Vehicle Safety and Productivity Projects]

(4)     Schedule 1, item 11, page 5 (after line 16), after paragraph (a) of the definition of project approval instrument , insert:

                    (aa)  in relation to a Heavy Vehicle Safety and Productivity Project—the instrument approving the project under subsection 86B(1); and

[ Heavy Vehicle Safety and Productivity Projects]

(5)     Schedule 1, item 14, page 7 (after line 21), after section 4A, insert:

4B   Cost benefit analyses to be made public

             (1)  The Minister must ensure that the following information about a Black Spot Project, Heavy Vehicle Safety and Productivity Project, Investment Project or Transport Development and Innovation Project is made available on the Department’s website, if Commonwealth funding is provided for the project:

                     (a)  a description of the project;

                     (b)  when the project is to start and is likely to be completed;

                     (c)  in the case of an Investment Project capital expenditure on which is $100 million or more:

                              (i)  Infrastructure Australia’s evaluation of the project under subsection 17A(2); and

                             (ii)  any advice given by Infrastructure Australia in relation to the project as mentioned in paragraph 17A(4)(c).

             (2)  The information must be published no later than 14 days after the Commonwealth first informs a recipient of the funding that Commonwealth funding will be provided for the project.

[publishing requirements; Investment Projects]

(6)     Schedule  1 , item  20 , page 9 (line 8) , after “ efficiency, ”, insert “ integration, ”.

[ Investment Projects]

(7)     Schedule  1 , item  27 , page 10 (lines 4 to 6) , omit the item, substitute:

27  Subsections 16(1) and 17(1)

Omit “a Nation Building Program National”, substitute “an Investment”.

27A  At the end of Division 2 of Part 3

Add:

17A   Consultation with Infrastructure Australia

             (1)  This section applies to an Investment Project, if capital expenditure on the project is $100 million or more.

             (2)  Before the Minister approves the provision of Commonwealth funding for the project, the Minister must require Infrastructure Australia to give to the Minister an evaluation of the project so that the Minister can decide whether to approve the project.

             (3)  Infrastructure Australia’s evaluation of the project must:

                     (a)  contain a cost benefit analysis of the project; and

                     (b)  specify the priority that Infrastructure Australia would give the project in relation to priorities specified in its current Infrastructure Plan; and

                     (c)  set out any other matter that Infrastructure Australia considers relevant to the project.

             (4)  In determining whether to approve the provision of Commonwealth funding for the project, the Minister must have regard to:

                     (a)  Infrastructure Priority Lists and Infrastructure Plans developed by Infrastructure Australia under the Infrastructure Australia Act 2008 to the extent relevant to the project; and

                     (b)  Infrastructure Australia’s evaluation of the project under subsection (2); and

                     (c)  any other advice given by Infrastructure Australia that relates to the project.

             (5)  Subsection (4) does not limit the matters to which the Minister may have regard in determining whether to approve the provision of Commonwealth funding for the project.

27B  Subsection 18(1)

Omit “a Nation Building Program National”, substitute “an Investment”.

[ Investment Projects]

(8)     Schedule 1, page 11 (after line 29), after item 38, insert:

38A  After Part 7

Insert:

Part 7A Heavy Vehicle Safety and Productivity Projects

Division 1 Approval of Heavy Vehicle Safety and Productivity Projects

86A   What is a Heavy Vehicle Safety and Productivity Project?

                   A Heavy Vehicle Safety and Productivity Project is a project for which an approval by the Minister under subsection 86B(1) is in force.

86B   Approval of Heavy Vehicle Safety and Productivity Projects

             (1)  The Minister may, in writing, approve a project as a Heavy Vehicle Safety and Productivity Project if, and only if:

                     (a)  the Minister is satisfied that the project is eligible for approval (see section 86C); and

                     (b)  the Minister considers that it is appropriate to approve the project (see section 86D).

             (2)  An instrument approving a project is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

86C   What projects are eligible for approval?

                   A project is eligible for approval as a Heavy Vehicle Safety and Productivity Project if the project aims:

                     (a)  to reduce the number of road accidents involving heavy vehicles, or the number of accidents relating to the loading or unloading of heavy vehicles in livestock transport operations; or

                     (b)  to increase heavy vehicle productivity by enhancing the capacity of existing roads;

including by any of the following means:

                     (c)  targeting driver fatigue;

                     (d)  improving the provision of heavy vehicle rest areas on key interstate routes;

                     (e)  providing heavy vehicle parking/decoupling areas and facilities in outer urban/regional areas;

                      (f)  trialling technologies;

                     (g)  enhancing the capacity or safety of roads (including bridges) to allow access by high productivity vehicles to more of the road network;

Note:       Roads includes bridges associated with roads (see section 4).

                     (h)  facilitating innovation to improve Heavy Vehicle Safety and Productivity Projects.

86D   Is it appropriate to approve a project?

                   The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Heavy Vehicle Safety and Productivity Project include, but are not limited to, the following matters:

                     (a)  the results of any assessment of the safety benefits, or the productivity benefits, and the costs of the project;

                     (b)  the results of any research conducted in relation to the project;

                     (c)  the extent to which persons other than the Commonwealth propose to contribute funding to the project.

86E   Submission of particulars of projects

             (1)  The Minister may invite the submission of particulars of projects for consideration for approval as Heavy Vehicle Safety and Productivity Projects.

             (2)  An invitation may be given:

                     (a)  to such States or authorities of a State as the Minister considers appropriate; and

                     (b)  by any method that the Minister considers appropriate.

             (3)  Subject to section 86B, the Minister may approve a project as a Heavy Vehicle Safety and Productivity Project, whether or not particulars of the project were submitted in response to an invitation.

             (4)  The Minister is not required to consider a project for approval as a Heavy Vehicle Safety and Productivity Project unless such particulars of the project as the Minister requires have been submitted to the Minister.

86F   Matters specified in project approval instrument

             (1)  The project approval instrument for a Heavy Vehicle Safety and Productivity Project must:

                     (a)  identify the project; and

                     (b)  specify the maximum funding amount that the Commonwealth may contribute to the project; and

                     (c)  identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and

                     (d)  if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.

             (2)  The project approval instrument for a Heavy Vehicle Safety and Productivity Project may exclude one or more specified purposes from being purposes on which funding may be expended.

86G   Requirements with which funding agreements must comply

                   If the project approval instrument for a Heavy Vehicle Safety and Productivity Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:

                     (a)  the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and

                     (b)  the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.

86H   Variation or revocation of project approval instrument

             (1)  The Minister may, in writing, vary or revoke the project approval instrument for a Heavy Vehicle Safety and Productivity Project.

             (2)  A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 86F.

Note:          For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.

             (3)  If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.

             (4)  An instrument varying or revoking the project approval instrument is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

Division 2 Provision of Commonwealth funding

86J   Commonwealth funding for Heavy Vehicle Safety and Productivity Projects

             (1)  Commonwealth funding for a Heavy Vehicle Safety and Productivity Project may be provided to the approved funding recipient:

                     (a)  in accordance with section 86K; or

                     (b)  if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 86G.

             (2)  The payments of funding are to be made out of money appropriated by the Parliament.

86K   Approval of provision of Commonwealth funding if no funding agreement

             (1)  The Minister may, in writing, approve the provision of Commonwealth funding for a Heavy Vehicle Safety and Productivity Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.

             (2)  The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.

             (3)  The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.

             (4)  An instrument:

                     (a)  approving the provision of Commonwealth funding, or varying or revoking such an approval; or

                     (b)  determining the amount or timing of an instalment of funding;

is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

Division 3 Conditions that apply to Commonwealth funding

Subdivision A Sources of conditions

86L   Sources of conditions

             (1)  The conditions that apply to a payment (the funding payment ) of Commonwealth funding for a Heavy Vehicle Safety and Productivity Project (the funded project ) to an eligible funding recipient (the funding recipient ) are:

                     (a)  the mandatory conditions (see Subdivision B); and

                     (b)  either:

                              (i)  if the funding payment is provided in accordance with section 86K—the conditions (if any) determined under Subdivision C; or

                             (ii)  if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.

             (2)  A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Subdivision B The mandatory conditions

86M   This Subdivision sets out the mandatory conditions

                   The mandatory conditions are as set out in this Subdivision.

86N   Funding payment must be expended on the funded project

                   The funding payment must be wholly expended on approved purposes in relation to the funded project.

86P   Funding recipient must give Minister audited financial statements

                   For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:

                     (a)  a written statement as to:

                              (i)  the amount spent by the funding recipient during that year out of the funding payment; and

                             (ii)  the amount retained by the funding recipient out of the funding payment as at the end of that year; and

                     (b)  a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:

                              (i)  the statement is based on proper accounts and records; and

                             (ii)  the statement is in agreement with the accounts and records; and

                            (iii)  the expenditure referred to in subparagraph (a)(i) has been on the funded project.

86Q   Funding recipient must allow inspections by authorised persons

                   The funding recipient must, at all reasonable times, permit a person authorised by the Minister:

                     (a)  to inspect any work involved in the carrying out of the funded project; and

                     (b)  to inspect and make copies of any documents relating to the funded project.

86R   Funding recipient must provide information on request

                   The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project.

86S   State or State authority must call for public tenders for certain work

             (1)  If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:

                     (a)  work that is maintenance of a road; or

                     (b)  work that is to be carried out by a public utility; or

                     (c)  work that the Minister has, by a written exemption relating to the project , exempted from this condition because, in the Minister’s opinion:

                              (i)  the work is urgently required because of an emergency; or

                             (ii)  the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or

                            (iii)  the work is of a kind for which it is not practicable to prepare adequate tender specifications; or

                            (iv)  the work is of a kind for which competitive tenders are unlikely to be received; or

                             (v)  the work will contribute to employment in a region; or

                            (vi)  the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.

             (2)  The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).

             (3)  An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

             (4)  The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).

86T   State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of

             (1)  If:

                     (a)  the funding recipient is a State or an authority of a State; and

                     (b)  the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment;

the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:

where:

acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).

Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.

consideration or value means the greater of:

                     (a)  the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and

                     (b)  the market value of the interest at the time of the sale or disposal.

             (2)  The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.

             (3)  The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Heavy Vehicle Safety and Productivity Project.

             (4)  The Minister may, in writing, vary or revoke an approval referred to in subsection (3).

             (5)  If the funding recipient spends an amount in accordance with subsection (3) on another Heavy Vehicle Safety and Productivity Project, then, for the purposes of the application of this Act in relation to that other project:

                     (a)  the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and

                     (b)  the amount so spent is taken to have been paid out of that payment of Commonwealth funding.

             (6)  An instrument granting, varying or revoking an approval referred to in subsection (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

             (7)  For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.

86U   Amount repayable on breach of condition

             (1)  If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.

             (2)  The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).

             (3)  If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.

             (4)  A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

Subdivision C Determination of other conditions if no funding agreement

86V   Determination of other conditions if no funding agreement

             (1)  The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 86K.

             (2)  The Minister may determine different conditions to apply in different classes of situations.

             (3)  The Minister may, in writing, vary or revoke conditions determined under subsection (1).

             (4)  An instrument determining, varying or revoking conditions is a legislative instrument for the purposes of the Legislative Instruments Act 2003 , but neither section 42 nor Part 6 of that Act applies to the instrument.

             (5)  Despite subsection 14(2) of the Legislative Instruments Act 2003 , an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

[ Heavy Vehicle Safety and Productivity Projects]

(9)     Schedule 1, item 46, page 13 (lines 16 and 17), omit the item, substitute:

46  Section 94

Omit “6, 7”, substitute “7, 7A”.

[ Heavy Vehicle Safety and Productivity Projects]