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Regional Investment Corporation Bill 2017

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8225

2016-2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Regional Investment Corporation Bill 2017

 

 

( 1 )     Clause  11 , page 10 (lines 6 to 9) , omit the note, substitute:

Note:          Part 4 of Chapter 3 (sunsetting) of the Legislation Act 20 03 does not apply to the directions (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

[ Ministerial directions]

( 2 )     Clause  11 , page 10 (line 21) , paragraph 11(2)(c) to be opposed .

[rules]

( 3 )     Clause  11 , page 10 (after line 31) , at the end of the clause, add:

             (4)  Section 42 (Disallowance of legislative instruments) of the Legislation Act 2003 applies to a direction made by the responsible Ministers under subsection (1).

Rules

             (5)  The rules must prescribe, in relation to loans or financial assistance to be provided by the Corporation, the eligibility criteria for those loans or that assistance.

[ Ministerial directions/rules]

 ( 4 )    Clause  12 , page 11 (after line 15) , after subclause ( 3 ), insert:

          (3A)  For the purposes of subsection (3), any terms and conditions to be included in an agreement must be in accordance with the rules.

 [rules]

(5)     Clause 12, page 11 (lines 20 and 21), omit “responsible Ministers may give a writt en direction to the Corporation about”, substitute “rules must provide for”.

[rules]

( 6 )     Clause  12 , page 11 (after line 21) , at the end of the clause, add:

Ministerial directions—water infrastructure projects

             (6)  A direction made by the responsible Ministers under subsection (3) is a notifiable instrument.

             (7)  Section 38 (Tabling of legislation instruments) of the Legislation Act 2003 applies to the direction as if the direction were a legislative instrument.

             (8)  The Minister must cause a copy of the direction to be published on the internet within 30 days after it is issued by the Minister.

Agreements—water infrastructure projects

             (9)  The Corporation must give the Agriculture Minister a copy of an agreement entered into under subsection (3).

           (10)  The Minister must cause a copy of the agreement to be tabled in each House of Parliament within 15 sitting days of that House after its receipt by the Minister.

           (11)  The Minister must cause a copy of the agreement to be published on the internet within 30 days after its receipt by the Minister.

Rules

           (12)  The rules must prescribe, in relation to agreements to be entered into under subsection (3):

                     (a)  the terms and conditions, or the kinds of terms and conditions, that may be included in an agreement; and

                     (b)  the matters the Corporation must consider in specifying terms and conditions to be included in an agreement.

[ Ministerial directions/rules]

 ( 7 )    Page 23 (after line 10) , after clause  41 , insert:

41A   Disclosure of interests

             (1)  The CEO must give written notice to the Board of any disclosure made by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

             (2)  Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 .

             (3)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.

[disclosure of interests]

( 8 )     Clause  53 , page 28 (after line 5) , after subclause ( 1 ), insert:

          (1A)  The persons who undertake the review must undertake any consultation that is:

                     (a)  considered by the persons to be appropriate; and

                     (b)  reasonably practicable to undertake.

          (1B)  In determining whether any consultation that was undertaken is appropriate, the persons undertaking the review may have regard to any relevant matter, including the extent to which the consultation:

                     (a)  drew on the knowledge of persons having expertise in fields relevant to the matters relevant to the review; and

                     (b)  ensured that persons likely to be affected by the matters relevant to the review, including members of the general public, had an adequate opportunity to comment on the matters relevant to the review.

 [review]

( 9 )     Clause  53 , page 28 (line 6) , omit “ 1 July 2024 ”, substitute “ 1 July 2023 ”.

[review]

( 10 )   Clause  53 , page 28 (line 8) , omit “ 30 June 2026 ”, substitute “ 30 June 2024 ”.

[review]

( 11 )   Clause  53 , page 28 (after line 11) , at the end of subclause ( 2 ), add:

             ; and (c)  the effectiveness of the Corporation in facilitating the administration of farm business loans, including the ability of the Corporation to assess loans in a manner, and within a timeframe, that facilities the timely provision of loans to farmers in need; and

                     (d)  the ability of the Corporation to achieve national consistency in the provision and administration of loans; and

                     (e)  the effectiveness of the Corporation, in delivering grants of financial assistance to States and Territories in relation to water infrastructure projects, to fast-track particular water infrastructure projects that are considered, by the State or Territory, to be a priority.

[review]

( 12 )   Clause  53 , page 28 (after line 13) , at the end of the clause, add:

             (4)  The Minister must cause a copy of the report to be tabled in each House of Parliament within 15 sitting days of that House after its receipt by the Minister.

             (5)  The Minister must cause a copy of the report to be published on the internet within 30 days after its receipt by the Minister.

[review]