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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

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

             (2)  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

                     (a)  the Authority is a listed entity; and

                     (b)  the Chair is the accountable authority of the Authority; and

                     (c)  the following persons are officials of the Authority:

                              (i)  the Chair;

                             (ii)  the other members;

                            (iii)  the staff of the Authority referred to in section 21;

                            (iv)  consultants engaged under section 22; and

                     (d)  the purposes of the Authority include the functions of the Authority referred to in section 9.

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 sections 33AB and 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 sections 33AB and 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 work that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.

17   Disclosure of interests

             (1)  A member who has a material personal interest that relates to the affairs of the Authority must disclose that interest, in writing, to the Minister.

             (2)  The disclosure must include details of:

                     (a)  the nature and extent of the interest; and

                     (b)  how the interest relates to the affairs of the Authority.

             (3)  The member must make the disclosure:

                     (a)  as soon as practicable after the member becomes aware of the interest; and

                     (b)  if there is a change in the nature or extent of the interest after the member has disclosed the interest under this section—as soon as practicable after the member becomes aware of that change.

             (4)  Subsections (1) to (3) apply in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 .

             (5)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the member is taken not to have complied with section 29 of that Act if the member does not comply with subsections (1), (2) and (3) of this section.

18   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.

19   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.

20   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; or

                     (c)  if the member:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with one or more of his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of one or more 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 work that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties (see section 16); or

                      (f)  if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

Division 4 Staff and consultants

21   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.

22   Consultants

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