Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
High Speed Rail Planning Authority Bill 2017

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2016-2017

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

 

HIGH SPEED RAIL PLANNING AUTHORITY BILL 2017

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

(Circulated by authority of Senator Farrell)



 

 

HIGH SPEED RAIL PLANNING AUTHORITY BILL 2017

 

OUTLINE

 

The Bill establishes an Authority to advise on, plan and develop high speed rail on the east coast of Australia. The Authority will ensure that the high speed rail (HSR) corridor is preserved so that provision can be made for regular, efficient and cost effective rail transport on the east coast of Australia.

 

The HSR Authority provides direction for efficient development and construction of the HSR system by considering specific measures aimed at preventing, controlling or reducing the environmental impact associated with the HSR system. Consultation with interested bodies and the public generally on matters relating to the HSR corridor and HSR system with is a responsibility of the Authority.

 

FINANCIAL IMPACT

 

The Bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1: Short title

 

1.                   Clause 1 sets the title of the Act.

 

Clause 2: Commencement

 

2.                   Clause 2 states that the Act commences the day after the day the Consolidated Revenue

Fund is appropriated for payment to the Authority.

 

Clause 3: Objects

 

3.                   Clause 3 lists the objects of the Bill which is to establish an Authority to advise on, plan and

develop HSR and to ensure the HSR corridor is reserved.

 

Clause 4: Simplified outline

 

4.                   This Act establishes the High Speed Rail Planning Authority. The Authority has functions

pertaining to the planning and development of the HSR system.

 

Clause 5: Definitions

 

5.                   Clause 5 lists definitions that appear in the Act.

 

Clause 6: Crown to be bound

 

6.                   Provides that the Crown is bound in each of its capacities.

 



 

Clause 7: Establishment

 

7.                   This clause establishes the Authority and its governance under finance law.

 

Clause 8: Membership

 

8.                   Clause 8 provides that the Authority will have 11 members.

 

 

Clause 9 : Functions and Powers

 

9.                   Clause 9 lists the functions and powers of the Authority - including land use planning, efficient development, reducing environmental impacts, ensuring efficient and cost-effective rail transport, and to consult with interested bodies and the public on high-speed rail matters. The Authority is empowered to do all things necessary to perform its functions.

 

Clause 10 : Authority has the privileges and immunities of the Crown

 

10.               This clause provides that the Authority has the privileges and immunities of the Crown.

 

Clause 11: Appointment of members

 

11.               Clause 11 provides for the membership of the Authority which is appointed by the Minister by writing. Membership is on a part time basis. Five members will be appointed by the Minister (one of which will be nominated as Chair) who are considered to have appropriate qualifications, knowledge, skills or experience. The Governments of NSW, Victoria, Queensland and the ACT will nominate one member each. One member will be nominated by the Australian Local Government Association and one appointed by the Australasian Railway Association.

 

Clause 12: Term of appointment

 

12.               This clause provides for three year terms of appointment.

 

Clause 13: Acting appointments

 

13.                Clause 13 provides for acting appointments to the Authority for the Chair and general members during vacancies; absence from duty or Australia; or if they are unable to perform the duties of their office.

 

Division 3 (clauses 14-21): Terms and conditions of appointment

 

14.       These clauses list standard terms and conditions of the appointment of Authority members, including remuneration and allowances, leave of absence, outside employment, disclosure of interests, resignation and termination.

 

Division 4 (clauses 22-23): Staff and consultants

 

15.       These clauses set out the basis under which staff and consultants can be engaged.

 



 

Part 3 (clauses 24-29): Meetings of the High Speed Rail Planning Authority

 

16.       These clauses set out the rules for the conduct of meetings of the Authority, including

how meetings can be called, convened, presided upon, quorum, voting, conduct and the keeping of minutes.

 

Part 4 (clause 30 - 31): Reports and information

 

17.       These clauses provide that the Authority will be required to prepare reports, and the

Minister may require the Authority to prepare reports and request information pertaining to the Authority and its work.

 

Part 5 clause 32: Miscellaneous

 

18.       The Minister may, by legislative instrument, make the rules prescribing matters required or permitted by this Act or convenient to be prescribed for carrying out or giving effect to this Act.

                                                                                                                            



 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

High Speed Rail Planning Authority Bill 2017

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

 

The Bill establishes an Authority to continue work towards establishing high speed rail on the east coast of Australia.

 

 

Human rights implications

 

Nil

 

Conclusion

 

This Bill is compatible with human rights because it does not raise any human rights issues.

 

 

 

Senator Farrell