Public Works Committee Act 1960 (Cth)

PUBLIC WORKS COMMITTEE.

 

No. 13 of 1960.

An Act relating to the Parliamentary Standing Committee on Public Works.

[Assented to 13th May, 1960.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Public Works Committee Act 1960.

 

(2.) The Public Works Committee Act 1913–1953 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Public Works Committee Act 1913–1960.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. Section two of the Principal Act is repealed and the following section inserted in its stead:—

Parts.

“2. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–2).

Part II.—Parliamentary Standing Committee on Public Works (Sections 3–13).

Part III.—Powers of the Committee (Sections 14–32).

Part IV.—Sectional Committees (Sections 33–35).

Part V.—Miscellaneous (Sections 36–41).”.

Constitution of Committee.

4. Section three of the Principal Act is amended by omitting from sub-section (1.) the words “As soon as conveniently practicable after the commencement of this Act, and thereafter at” and inserting in their stead the word “At”.

Functions of Committee.

5. Section fourteen of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The Committee shall, subject to the provisions of this Act, consider and report upon any public work that is referred to it in accordance with this Act.”.

Conditions precedent to commencement of public works.

6. Section fifteen of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “the estimated cost of which exceeds Twenty-five thousand pounds”;

(b) by omitting from sub-section (6a.) the words “a proposed work the estimated cost of which exceeds Twenty-five thousand pounds” and inserting in their stead the words “any proposed work”; and

(c) by inserting after sub-section (6a.) the following sub-section:—

“(6b.) A proposed public work the estimated cost of which exceeds Two hundred and fifty thousand pounds shall not be commenced unless—

(a) the proposed work has been referred to the Committee in pursuance of this section;

 

(b)the House of Representatives has resolved that it is expedient that the proposed work should be carried out without having been referred to the Committee; or

(c) the Governor-General has, by order, declared that the proposed work is for defence purposes and that reference of the proposed work to the Committee would be contrary to the public interest.”.

7. After section fifteen of the Principal Act the following section is inserted:—

Review of reports.

“15a.—(1.) Subject to the next succeeding sub-section, where the Committee has made a report concerning a proposed public work, the Committee (including a subsequent Committee) may, of its own motion, review the report and make a further report to the House of Representatives concerning the proposed work.

“(2.) The Committee shall not undertake the review of a report in accordance with this section after the proposed work has been commenced.

“(3.) Without prejudice to the operation of sub-section (7.) of the last preceding section, if the chairman or vice-chairman of the Committee notifies the Minister in writing that the Committee has decided to review a report in accordance with this section, the proposed work shall not be commenced unless—

(a) the Committee has resolved that it does not desire the commencement of the work to be deferred;

(b) the further report of the Committee has been made;

(c) the House of Representatives has resolved that it is expedient that the work be commenced without awaiting the further report of the Committee; or

(d) the further report of the Committee has not been made before the House of Representatives is dissolved or expires by effluxion of time.

“(4.) Where the Committee makes a further report under this section in relation to a proposed work—

(a) if the House of Representatives has previously by resolution declared that it is expedient to carry out the proposed work—the House of Representatives may, before the proposed work has been commenced, rescind the resolution, and thereupon the resolution shall cease to have effect for the purposes of subsection (7.) of the last preceding section; or

(b) if the House of Representatives has previously by resolution declared that it is not expedient to carry out the proposed work—the House of Representatives may rescind the resolution and, if it does so, may by resolution declare that it is expedient to carry out the proposed work.

 

“(5.) For the purposes of this section, a proposed work shall be deemed to have been commenced if a tender for the carrying out of the whole or a part of the proposed work has been accepted.”.

Sectional Committees may be appointed.

8. Section thirty-three of the Principal Act is amended by omitting from sub-section (3.) the words “the Act” and inserting in their stead the words “this Act”.

The Schedule.

9. The Schedule to the Principal Act is amended—

(a) by omitting from Forms A, B and C the words “The Commonwealth Public Works Committee Act 1913” and inserting in their stead the words “Public Works Committee Act 1913–1960”; and

(b)by omitting from Forms B and C the words “Standing Parliamentary Committee on Public Works” (where-ever occurring) and inserting in their stead the words “Parliamentary Standing Committee on Public Works”.

Amendment of Public Works Committee Act 1953.

10. Section four of the Public Works Committee Act 1953