Senate

Supplementary Explanatory Memorandum

(Circulated by Authority of the Minister for Infrastructure and Regional Development, the Hon Warren Truss MP)

Notes on clauses

Schedule 1 - Amendments

Item 8 - Subsection 5A(2) - Functions - evaluating infrastructure proposals

This amendment deletes this Subsection that provided for the Minister to determine a class of proposals that Infrastructure Australia must not evaluate.

This has the effect of removing the authority for the Minister to determine that Infrastructure Australia must not evaluate certain proposals.

The original intent of referring to a class of proposals was to exclude proposals seeking Commonwealth funding under $100 million.

Item 8 - Subsection 5A(3) - Functions - evaluating infrastructure proposals

This amendment deletes the text in Subsection 5A(3) "or Subsection (2)". It is a consequential amendment from deleting Subsection 5A(2).

Item 8 - Section 5D - Functions only performed when directed by the Minister

This amendment deletes Section 5D that provided for functions to be performed only when directed by the Minister.

This has the effect of removing the Minister's authority to direct Infrastructure Australia on the publication of materials and to confer additional functions such as provisions for advice on the harmonisation of policies and laws relating to development and investment of infrastructure.

The original intent of this section was to provide a positive power which allowed the Minister to direct Infrastructure Australia to publish its findings, while striking the right balance with commercial in confidence matters. This will now be the responsibility of Infrastructure Australia in accordance with general law principles.

Item 9 - Subsections 6(3) and (4)

This amendment deletes Subsections 6(3) and (4) which provided a ministerial power to specify requirements related to the scope and manner in which Infrastructure Australia was to perform the function. This has the effect of retaining Subsections 6(3) and (4) of the Infrastructure Australia Act 2008.

The original intent of these Subsections was to ensure that Infrastructure Australia undertook its functions in a timely manner and provided advice on key policy issues relating to Government priorities.

Item 39 - Subsection 39C(a) - Additional Content For Annual Report

This amendment deletes the text in Subsection 39C(a) "paragraph 5D(1)(c) or" . It is a consequential amendment from deleting Section 5D.

Item 41 - Section 40

This amendment deletes the text in Section 40 "paragraph 5D(1)(c) or". It is a consequential amendment from deleting Section 5D.