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Part 2—High Speed Rail Planning Authority

Part 2 High Speed Rail Planning Authority

Division 1 Establishment and functions

7   Establishment

                   The High Speed Rail Planning Authority is established by this section.

Note:          The Authority falls within the Infrastructure and Regional Development portfolio.

8   Membership

                   The Authority consists of 11 members.

9   Functions and powers

             (1)  The Authority has the following functions:

                     (a)  to engage in land use planning in relation to the HSR corridor;

                     (b)  to provide direction for efficient development and construction of the HSR system;

                     (c)  to consider specific measures aimed at preventing, controlling or reducing the environmental impact associated with the HSR system;

                     (d)  to ensure that the HSR system will provide safe, regular, efficient and cost-effective rail transport;

                     (e)  to consult with interested bodies and the public generally on matters relating to the HSR corridor and HSR system.

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

10   Authority has the privileges and immunities of the Crown

                   The Authority has the privileges and immunities of the Crown.

Division 2 Appointment of members

11   Appointment of members

             (1)  A member is to be appointed by the Minister by written instrument on a part-time basis.

             (2)  The Minister is to appoint:

                     (a)  5 members whom the Minister considers has appropriate qualifications, knowledge, skills or experience; and

                     (b)  1 member nominated, in writing, by the Governor of New South Wales; and

                     (c)  1 member nominated, in writing, by the Governor of Victoria; and

                     (d)  1 member nominated, in writing, by the Governor of Queensland; and

                     (e)  1 member nominated, in writing, by the Chief Minister of the Australian Capital Territory; and

                      (f)  1 member nominated, in writing, by the Australian Local Government Association; and

                     (g)  1 member nominated, in writing, by the Australasian Railway Association.

             (3)  The Minister must appoint one of the 5 members mentioned in paragraph (2)(a) to be the Chair.

12   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 may be reappointed, see section 33AA of the Acts Interpretation Act 1901 .

13   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 .

Division 3 Terms and conditions of appointment

14   Remuneration and allowances

             (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 by the rules.

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

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

15   Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

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

16   Outside employment

                   A member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.

17   Disclosure of interests

                   A member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s duties.

18   Disclosure of interests to the Authority

             (1)  A member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Authority must disclose the nature of the interest to a meeting of the Authority.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

             (3)  The disclosure must be recorded in the minutes of the meeting of the Authority.

             (4)  Unless the Authority otherwise determines, the member:

                     (a)  must not be present during any deliberation by the Authority on the matter; and

                     (b)  must not take part in any decision of the Authority with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the member:

                     (a)  must not be present during any deliberation of the Authority for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting of the Authority.

19   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.

20   Resignation

             (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.

21   Termination of appointment

                   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.

                     (c)  if the member:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with his or her creditors; or

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

                     (d)  if the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority; or

                     (e)  if the member engages in paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties (see section 16); or

                     (e)  if the member fails, without reasonable excuse, to comply with section 17 or 18 (disclosure of interests).

Division 4 Staff and consultants

22   Staff

             (1)  The staff of the Authority must be persons engaged under the Public Service Act 1999 .

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

                     (a)  the Chair and the staff together constitute a Statutory Agency; and

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

23   Consultants

                   The Chair may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.