Suburban Rail Loop Act 2021 (Vic)

Version No. 007

Suburban Rail Loop Act 2021

No. 43 of 2021

Version incorporating amendments as at

25 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Filming Approval Act 2014

5Suburban Rail Loop program objectives

6Act binds the Crown

7Extraterritorial operation

Part 2—Suburban Rail Loop Authority

Division 1—Establishment

8Establishment

9Official seal

10Object of Authority

11Authority represents the Crown

Division 2—Functions and powers

12Functions of Authority

13General powers of Authority

14Ministerial approval required for certain activities

15Ministerial approval required for certain transactions

16Land and other property transfers

17Ministerial directions

18Power to give direction to act in commercial manner

Division 3—Board of the Authority

19Board of Directors

20Constitution of board

21Appointment of directors

22Eligibility criteria for appointment of directors

23Acting appointments

24Vacancies and removal from office

25Resignation

26Suspension

27Proceedings of board

28Participation in meetings by telephone etc.

29Resolutions without meetings

30Disclosure of interests

31Authority must publish certain codes, policies, procedures or processes

32Authority not to make loans to directors

33Indemnity

Division 4—Staffing and delegation

34Chief executive officer

35Acting chief executive officer

36Staff

37Delegation by Authority

Division 5—Corporate plan

38Corporate plan

39Consultation regarding corporate plan

40Modification of corporate plan

41Directions in relation to corporate plan

42Statement of corporate intent—contents

43Corporate plan to be followed

44Board to give notice of significant events

45Nothing void merely because of non-compliance

Division 6—Financial provisions

46General Fund

47Project Funds

48Borrowing and investment by Authority

49Capital

50Dividends

51Exceptions from State Owned Enterprises Act 1992

52Exemption from duties, rates, taxes, levies or charges

Division 7—Special land acquisition and development powers

53Compulsory acquisition of land

54Cultural and Recreational Lands Act 1963

55Authority may enter into certain agreements for land within or anticipated to be within a project area

Division 8—Special project development related functions and powers

56Power to enter land by persons authorised by Authority

57Authorised persons for the purposes of section 56

58Utility interface powers in relation to Suburban Rail Loop program

Division 9—Reports by the Authority

59Reports to Minister or Treasurer

60Annual report of operations

Division 10—Miscellaneous

61Validity of decisions—board

62Validity of decisions—chief executive officer

63Reciprocal arrangements with Ministers, public sector entities and public authorities

64Minister may declare subsidiary represents Crown

Part 3—Suburban Rail Loop planning interface

65Declaration of Suburban Rail Loop planning areas

66Preparation of plans of the purposes of Suburban Rail Loop planning area declarations

67Publication of Suburban Rail Loop planning area declaration

68When a Suburban Rail Loop planning area declaration takes effect

69Minister to ensure consolidated version of Suburban Rail Loop planning area declaration is available

70Minister to give Suburban Rail Loop planning area declaration to Planning and Environment Act Minister

71Minister to give Suburban Rail Loop planning area declaration to affected Councils

Part 4—Suburban Rail Loop projects

Division 1—Commencement of projects

72Declaration of Suburban Rail Loop projects

73Content of Suburban Rail Loop project declaration

74More than one Suburban Rail Loop project declaration may specify the same area of land

75Publication of Suburban Rail Loop project declaration

76When a Suburban Rail Loop project declaration takes effect

77Premier to ensure consolidated version of Suburban Rail Loop project declaration is available

78Interrelationship with Major Transport Projects Facilitation Act 2009

Division 2—Completion of projects

79Notification of completion of Suburban Rail Loop project or a part of a project

80Project completion declaration

81Content of project completion declaration

82Publication of project completion declaration

83When project completion declaration takes effect

84Authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

Part 5—General

85Delegation by Minister

86Improper use of information

87Information to be confidential

88Who is connected with Authority

89Obligations of public entities and public service bodies

90Governor in Council may require public authorities to act

91Proceedings

92Evidence

93Service of documents

94Other laws not affected

95Exclusion of proportionate liability under Wrongs Act 1958

96Excluded matter for Corporations Act

97Certain instruments are not legislative instruments for the purposes of Subordinate Legislation Act 1994

98Regulations

Part 6—Savings, transitionals and related provisions

Division 1—Preliminary

99Definitions

100Application of Interpretation of Legislation Act 1984

101Minister may fix relevant date

Division 2—Transfer of property, rights and liabilities

102Secretary to prepare allocation statement or statements

103Certificate of Secretary

104Property, rights and liabilities allocated in accordance with statement

105Allocation of property etc. subject to encumbrances

106Substitution of party to agreement

107Former Crown instruments

108Proceedings

109Taxes

110Evidence

Division 3—Other transitional arrangements

111Chief executive officer of the Authority

112Superseded references

Division 4—Other provisions related to transition to Authority

113Partial revocation of certain reserved land

Division 5—Miscellaneous

114Validity of things done under this Part

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 007

Suburban Rail Loop Act 2021

No. 43 of 2021

Version incorporating amendments as at

25 November 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to establish the Suburban Rail Loop Authority; and

(b)to confer on the Authority appropriate functions and powers—

(i)for the Authority to plan and deliver the Suburban Rail Loop and development associated with the Suburban Rail Loop; and

(ii)to enable the Authority to operate, or manage the operation of, the Suburban Rail Loop or to manage development associated with the Suburban Rail Loop.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 September 2022, it comes into operation on that day.

3Definitions

In this Act—

applicable project area, in relation to a Suburban Rail Loop project, means—

(a)if a project completion declaration is declaring that the whole of a Suburban Rail Loop project is complete, the whole of the project area for the project; or

(b)if a project completion declaration is declaring that part of a Suburban Rail Loop project is complete, that part of the project area related to the completed part of the project;

authorised person means a person authorised under section 57;

Authority means the Suburban Rail Loop Authority established by section 8;

board means the board of directors of the Authority appointed under section 19;

building includes—

(a)a structure; and

(b)a temporary building; and

(c)a temporary structure; and

(d)any part of a building or structure; and

(e)a fence; and

(f)a wall; and

(g)an out-building; and

(h)a service installation; and

(i)other appurtenances of a building;

chairperson means the chairperson appointed under section 21;

chief executive officer means the chief executive officer of the Authority appointed under section 34;

Council has the same meaning as in section 3(1) of the Local Government Act 2020;

Crown landmeans land which is or is taken to be unalienated land of the Crown and includes—

(a)land of the Crown reserved permanently or temporarily by or under an Act; and

Example

The Crown Land (Reserves) Act 1978.

(b)land of the Crown occupied by a person under a lease or license or other right; and

(c)a stratum of land that is Crown land;

Department means Department of Transport and Planning;

Department Head has the same meaning as in section 4(1) of the Public Administration Act 2004;

deputy chairperson means the deputy chairperson appoint under section 21;

development includes—

(a)the construction, extension, demolition, removal or excavation of non-transport infrastructure or transport infrastructure; and

(b)the decoration, construction or alteration of the inside or outside of, or the alteration of, non-transport infrastructure or transport infrastructure; and

(c)tunnelling in or under land; and

(d)the subdivision or consolidation of land, including airspace or a building; and

(e)the erection or removal of, or interference with, non-transport infrastructure or transport infrastructure; and

(f)any change to the natural or existing condition or topography of land; and

(g)the removal, destruction or lopping of trees and the removal of vegetation or topsoil; and

(h)land reclamation and land decontamination; and

(i)the construction, installation or provision or operation of facilities or services; and

(j)the placing or relocating of a building, non-transport infrastructure or transport infrastructure on, in, under or over land; and

(k)the construction or putting up for display of signs or hoardings; and

(l)works within the meaning of the Road Management Act 2004; and

(m)the relocation, deepening, widening or otherwise altering of a waterway; and

(n)a form of development prescribed for the purposes of this paragraph;

film friendly principles has the same meaning as in section 3 of the Filming Approval Act 2014;

film permit has the same meaning as in section 3 of the Filming Approval Act 2014;

General Fund—see section 46;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

member of staff, of the Authority, means any person who is employed or engaged by the Authority under section 36;

non-transport infrastructure means infrastructure that is not transport infrastructure and includes—

(a)a facility, building, fixture, fitting or permanent structure; and

(b)art works; and

(c)civic and open space infrastructure including parks and public spaces; and

(d)telecommunication networks and services related to infrastructure; and

(e)utility infrastructure; and

(f)infrastructure that is prescribed for the purposes of this paragraph; and

(g)infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (f);

passenger services has the same meaning as in section 3 of the Transport Integration Act 2010;

project area—see section 73(1)(b);

project completion declaration means a declaration made under section 80;

Project Fund—see section 47;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

public authority means—

(a)a person or body (including a trust) established under an Act for a public purpose; or

(b)a Council; or

(c)a public entity;

public entity has the same meaning as in section 4(1) of the Public Administration Act 2004;

public land means any of the following (including the airspace)—

(a)Crown land;

(b)land owned or vested in a public authority;

(c)land held on trust for public or municipal purposes by trustees appointed under an Act;

public service body has the same meaning as in section 4(1) of the Public Administration Act 2004;

rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

road has the same meaning as in section 3(1) of the Road Management Act 2004;

road authority has the same meaning as in section 3(1) of the Road Management Act 2004;

road infrastructure has the same meaning as in section 3(1) of the Road Management Act 2004;

rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

Secretary means Secretary to the Department;

subsidiary has the same meaning as in section 9 of the Corporations Act;

Suburban Rail Loop planning area declaration means a declaration made under section 65;

Suburban Rail Loop program means—

(a)the program for—

(i)the planning, delivery, maintenance, operation and management of non-transport infrastructure and transport infrastructure including a new orbital rail line from Cheltenham to Werribee through Melbourne's suburbs; and

(ii)the planning, delivery and management of precinct development and associated developments connected by, related to, adjacent to, in proximity to or otherwise associated with transport infrastructure including the new orbital rail line referred to in subparagraph (i); and

(b)land use planning, or the activation of precincts through non-infrastructure initiatives, in areas connected, related, adjacent, or in proximity to the new orbital rail line referred to in paragraph (a)(i) and in respect of which the Authority undertakes planning and development of land to which a Suburban Rail Loop planning area declaration applies; and

(c)funding, financing, planning and consultation activities and transactions including asset disposal in connection with the matters set out in paragraphs (a) and (b);

Suburban Rail Loop program objectives means the objectives set out in section 5;

Suburban Rail Loop project means a development or proposed development declared to be a Suburban Rail Loop project under a Suburban Rail Loop project declaration;

Suburban Rail Loop project declaration means a declaration under section 72;

temporary structure includes—

(a)a booth, tent, marquee, or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; and

(b)a seating structure whether enclosed or not, including a mobile seating structure;

transport assets includes the land, tracks, crossings, signals, buildings and structures including bridges, overhead wiring, power substations, communications networks, base stations, depots and associated buildings;

transport infrastructure means any of the following—

(a)road infrastructure;

(b)rail infrastructure;

(c)infrastructure that is ancillary to, related to or in connection with the movement of persons or goods;

(d)infrastructure that is ancillary to, related to or in connection with road infrastructure, including—

(i)a bridge; and

(ii)an underpass; and

(iii)a tunnel; and

(iv)a culvert; and

(v)a level crossing; and

(vi)a footpath; and

(vii)a bicycle path;

(e)an airport;

(f)a facility at which—

(i)goods can be loaded or unloaded from rolling stock; and

(ii)goods can be loaded or unloaded from heavy vehicles; and

(iii)goods referred to in subparagraphs (i) and (ii) can be temporarily stored;

(g)infrastructure related to public transport including car parks;

(h)infrastructure that is prescribed for the purposes of this paragraph;

(i)infrastructure ancillary to, related

to or required in connection with infrastructure set out in paragraphs (a) to (h);

transport system has the same meaning as in section 3 of the Transport Integration Act 2010;

utilityhas the same meaning as in section 3 of the Major Transport Projects Facilitation Act 2009;

utility infrastructure has the same meaning as in section 3 of the Major Transport Projects Facilitation Act 2009;

vehicle has the same meaning as in section 3(1) of the Road Safety Act 1986.

4Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

5Suburban Rail Loop program objectives

The objectives of the Suburban Rail Loop program are—

(a)to undertake development consistently with—

(i)the vision statement set out in Division 1 of Part 2 of the Transport Integration Act 2010 and the transport system objectives set out in Division 2 of Part 2 of that Act; and

(ii)the planning objectives set out in section 4(1) of the Planning and Environment Act 1987; and

(b)to integrate a new orbital rail line with existing and planned public transport and road networks in the State; and

(c)to facilitate sustainable population growth, urban renewal and improved liveability; and

(d)to encourage land development and the facilitation of timely and coordinated delivery of non-transport infrastructure, transport infrastructure, services and residential and commercial development; and

(e)to improve connectivity throughout Melbourne by enhancing orbital public transport movements in relation to the new orbital rail loop; and

(f)to increase productivity by facilitating greater employment, activity and investment throughout Victoria; and

(g)to enhance regional Victorians' access to Melbourne suburban health, education and employment centres by connecting regional rail lines to the new orbital rail loop at major interchange stations; and

(h)to enhance opportunities for the Victorian community, Victorian businesses and the State to capture value created by the development of precincts, non-transport infrastructure, transport infrastructure and other investments in relation to the new orbital rail loop.

6Act binds the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

7Extraterritorial operation

This Act applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.

PART 2—SUBURBAN RAIL LOOP AUTHORITY

Division 1—Establishment

8Establishment

(1)The Suburban Rail Loop Authority is established.

(2)The Suburban Rail Loop Authority—

(a)is a body corporate with perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued; and

(d)may acquire, hold and dispose of property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

9Official seal

(1)The official seal of the Authority—

(a)must be kept in custody as directed by the Authority; and

(b)must not be used except as authorised by the board.

(2)All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

10Object of Authority

The object of the Authority is to undertake the Suburban Rail Loop program and Suburban Rail Loop projects in accordance with the Suburban Rail Loop program objectives.

11Authority represents the Crown

The Authority represents the Crown.

Division 2—Functions and powers

12Functions of Authority

(1)The Authority has the functions, powers and duties conferred on it by or under this Act or any other Act.

(2)Without limiting subsection (1), the Authority has the following functions—

(a)to plan, procure and manage any development, non-transport infrastructure, transport infrastructure or services for the Suburban Rail Loop program;

(b)to enter into, negotiate and administer partnerships, arrangements or agreements in relation to—

(i)the Suburban Rail Loop program and Suburban Rail Loop projects; and

(ii)the provision of passenger services; and

(iii)the operation and maintenance of rolling stock, transport assets and transport systems;

(c)to receive and evaluate submissions from any person or body with an interest in the Suburban Rail Loop program or Suburban Rail Loop projects;

(d)to coordinate with other persons and bodies involved in, or affected by, scoping and development of the Suburban Rail Loop program and Suburban Rail Loop projects;

(e)to provide the Minister and other persons with advice, information and guidance material in relation to—

(i)the Suburban Rail Loop program and Suburban Rail Loop projects; and

(ii)planning the use, development and protection of land required for the purposes of the Suburban Rail Loop program; and

(iii)the provision of passenger services; and

(iv)the operation and maintenance of rolling stock, transport assets and transport systems;

(f)to seek advice and information in relation to—

(i)the Suburban Rail Loop program and Suburban Rail Loop projects; and

(ii)the provision of passenger services; and

(iii)the operation and maintenance of rolling stock, transport assets and transport systems;

(g)at the request of the Minister, to advise the Minister—

(i)in relation to the administration of this Act; and

(ii)on planning the use, development and protection of Suburban Rail Loop projects and related non-transport infrastructure and transport infrastructure; and

(iii)on planning the use of rolling stock, transport assets and transport systems;

(h)to procure any rolling stock, transport assets and plan and procure transport systems;

(i)to operate and maintain, or permit and manage access to, transport assets, transport systems, non-transport infrastructure and transport infrastructure built in relation to the Suburban Rail Loop program;

(j)to determine and collect user charges, fees and fares related to the Suburban Rail Loop program, the provision of passenger services or the use of non-transport infrastructure or transport infrastructure built in relation to the Suburban Rail Loop program;

(k)to collect and retain money received by or on behalf of the Authority—

(i)related to the Suburban Rail Loop program; or

(ii)for services provided by means of the use of—

(A)non-transport infrastructure or transport infrastructure built in relation to the Suburban Rail Loop program; or

(B)transport assets and transport systems; or

(iii)for passenger services;

(l)to enter into financial accommodation or other financial arrangements or transactions in relation to the Suburban Rail Loop program or Suburban Rail Loop projects;

(m)to grant concessions in relation to the Suburban Rail Loop program or non-transport infrastructure and transport infrastructure built in relation to the Suburban Rail Loop program;

(n)to act as a trustee or manager of a trust or other investment interest in relation to the Suburban Rail Loop program or non-transport infrastructure and transport infrastructure built in relation to the Suburban Rail Loop program;

(o)to provide Councils and public sector bodies (within the meaning of section 4(1) of the Public Administration Act 2004) with advice and assistance in relation to planning the use, development and protection of land to which a Suburban Rail Loop planning area declaration applies;

(p)to undertake planning of integrated land use, non-transport infrastructure and transport infrastructure in relation to land to which a Suburban Rail Loop planning area declaration applies;

(q)to coordinate State Government action in relation to planning the use, development and protection of land to which a Suburban Rail Loop planning area declaration applies;

(r)to undertake strategic planning for the development of the Suburban Rail Loop program;

(s)any other functions conferred on it under the Planning and Environment Act 1987 or any other enactment.

13General powers of Authority

(1)The Authority has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the achievement of its object, the Suburban Rail Loop program objectives and the performance of its objectives, functions and duties under this or any other Act.

(2)Without limiting subsection (1), the Authority may do any one or more of the following—

(a)form or participate in the formation of a corporation, trust, joint venture, partnership or other body;

Note

Section 84(1) of the Public Administration Act 2004 requires a public entity to notify the Treasurer of the intention to form, or participate in the formation of, a body corporate.

(b)acquire, purchase, dispose of, hold or deal in assets, businesses or other property, or rights and liabilities or contractual interests and subscribe for shares in, or debentures, units or other securities of, a corporation or trust;

(c)lease, licence, sell, mortgage, use as security or otherwise encumber or dispose of any property acquired or owned by it;

(d)enter into agreements, arrangements, leases or licences and do all things necessary or convenient to be done to give effect to the agreements, arrangements, leases or licenses;

(e)acquire, own, build, maintain, operate, manage or dispose of non-transport infrastructure or transport infrastructure;

(f)enter into an agreement or arrangement relating to the allocation of revenue received by the Authority or its subsidiaries;

(g)act as an agent for another person or body;

(h)engage consultants, contractors or agents;

(i)give indemnities, guarantees and releases, and grant or take security and anything else of a similar nature;

(j)acquire, hold, accept as a security, or otherwise deal with, any intellectual property right, plant breeder's right, circuit layout right, trade secret, or right arising from confidential information;

(k)enter into agreements or arrangements for the commercial exploitation within or outside Victoria of intellectual property rights and ancillary services on any terms or conditions as to royalties or lump sum payments;

(l)assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;

(m)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;

(n)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit, any Crown copyright;

(o)act as a trustee or manager of a trust or other investment interest for another person or body;

(p)accept appointment as the committee of management of Crown land in relation to the Suburban Rail Loop program or Suburban Rail Loop projects;

(q)use public land for Suburban Rail Loop projects or achievement of the Suburban Rail Loop program objectives.

14Ministerial approval required for certain activities

Despite anything to the contrary in this Division, the Authority must obtain the written approval of the Minister before doing all or any of the following—

(a)subscribing for, or otherwise acquiring, or holding or disposing of shares in, or debentures, units or other securities of, a corporation or trust;

(b)becoming a member of a company limited by guarantee;

(c)acquiring and holding or disposing of an interest in a partnership or other body.

15Ministerial approval required for certain transactions

Despite anything to the contrary in this Division, the Authority must obtain the written approval of the Treasurer and the Minister before undertaking a function or exercising a power in relation to a transaction that is prescribed.

16Land and other property transfers

For the purposes of performing its functions, the Authority may—

(a)dispose of land, an interest in land, or any property to a subsidiary of the Authority, the State or a public authority for nominal consideration; or

(b)accept the transfer of land, an interest in land, or any property from a subsidiary of the Authority, the State or a public authority for nominal consideration.

17Ministerial directions

(1)The Authority is subject to the general direction and control of the Minister.

(2)The Authority is subject to any specific direction given to it by the Minister.

(3)The Authority is subject to any specific direction given to it by the Minister or the Treasurer—

(a)to establish a Project Fund in relation to a Suburban Rail Loop project; or

(b)in relation to a payment into or out of a Project Fund under section 47.

(4)The Authority is subject to any specific direction in relation to financial or reporting matters given to it by the Treasurer.

(5)The Authority must publish a specific direction—

(a)in the Government Gazette; and

(b)on its Internet site.

(6)The chief executive officer may cause to be published a consolidated version of a direction which includes any amendments to the direction if—

(a)the Authority determines that the direction must be published; or

(b)the terms of the direction require its publication—

(i)in the Government Gazette; and

(ii)on the Internet site of the Authority.

(7)The Authority must include any direction under subsection (2), (3) or (4) (including any amended direction) in its report of operations.

(8)To the extent that a direction referred to in subsection (4) is inconsistent with a direction referred to in subsection (2), the direction referred to in subsection (4) prevails to the extent of the inconsistency.

(9)If the Authority considers that a direction referred to in subsection (2) is inconsistent with a direction referred to in subsection (4), the Authority must notify the Minister and the Treasurer of the inconsistency and the extent of the inconsistency.

(10)An agreement or arrangement entered into under this Act in contravention of subsection (2), (3) or (4) is not void only because of that contravention.

18Power to give direction to act in commercial manner

The Minister, with the approval of the Treasurer, may direct the Authority to act in a commercial manner when performing a specified function or power.

Division 3—Board of the Authority

19Board of Directors

(1)The Authority must have a board of directors.

(2)The board must consist of no fewer than 3, and no more than 9, directors appointed in accordance with this Division.

(3)The board—

(a)is responsible for the management and affairs of the Authority; and

(b)may exercise the powers of the Authority.

20Constitution of board

The board consists of—

(a)a chairperson; and

(b)a deputy chairperson; and

(c)subject to section 19(2), any other director appointed in accordance with this Division.

21Appointment of directors

(1)The chairperson, deputy chairperson and any other director of the Authority must be appointed by the Governor in Council on the recommendation of the Minister.

(2)A director is appointed for a term not exceeding 4 years specified in the instrument of appointment.

(3)A director is appointed on the terms and conditions that are specified in the instrument of appointment.

(4)A director is eligible to be reappointed.

(5)A director must not serve for more than 8 years without the approval of the Premier.

(6)In the case of an acting director who is appointed as a director, the maximum period of appointment under subsection (5) is to be determined by taking into account any period that the person was appointed as acting director within the 24-month period immediately before that person was appointed director.

(7)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of the Authority in respect of the office of director.

22Eligibility criteria for appointment of directors

When recommending persons to be directors of the Authority, the Minister must ensure as far as is practicable that collectively the directors have skills, experience or knowledge relating to the following—

(a)community engagement;

(b)corporate governance (including audit and risk);

(c)delivery, operation and maintenance of works, transport infrastructure and services;

(d)economics and financial management;

(e)funding and financing non-transport infrastructure and transport infrastructure;

(f)law, particularly commercial, planning, property and development law;

(g)property and land development;

(h)public administration;

(i)public policy;

(j)urban planning, redevelopment and housing economics (including strategic and statutory planning).

23Acting appointments

(1)The deputy chairperson of the board must act as chairperson—

(a)if the office of chairperson is vacant; or

(b)during any period when the chairperson is absent; or

(c)if the chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.

(2)While the deputy chairperson is acting as chairperson, the deputy chairperson—

(a)has and may exercise all of the powers of the chairperson; and

(b)must perform all of the functions and duties of the chairperson; and

(c)is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to.

(3)The Minister may appoint a director of the Authority to act as deputy chairperson—

(a)during a vacancy in the office of deputy chairperson; or

(b)during any period when the deputy chairperson is absent; or

(c)during any period when the deputy chairperson is acting as chairperson; or

(d)if the deputy chairperson is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.

(4)While a director is acting as deputy chairperson, the director—

(a)has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson; and

(b)is entitled to be paid the remuneration and allowances which the deputy chairperson would have been entitled to.

(5)The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson) of the Authority—

(a)during a vacancy in the office of a director; or

(b)during any period when a director is acting as deputy chairperson or is unable, for any other reason, to attend meetings of the board.

(6)While a person is acting as a director, the person—

(a)has and may exercise all the powers, and must perform all the functions and duties, of a director; and

(b)is entitled to be paid the remuneration and allowances which a director would have been entitled to.

(7)An acting appointment under this section must not be for a period longer than 12 months.

24Vacancies and removal from office

(1)The office of a director of the Authority becomes vacant if the director—

(a)without the approval of the board, fails to attend 3 consecutive meetings of the board; or

(b)becomes a represented person within the meaning of section 3(1) of the Guardianship and Administration Act 2019; or

(c)becomes insolvent under administration; or

(d)is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence.

(2)The Governor in Council, on the recommendation of the Minister, may remove a director of the Authority from office on any of the following grounds—

(a)misconduct;

(b)neglect of duty;

(c)inability to perform the duties of the office;

(d)any other ground on which the Governor in Council is satisfied that the director should not hold office.

(3)The Minister must recommend that a director of the Authority be removed from office if—

(a)the director is found guilty of an offence (other than an indictable offence) relating to the director's duties as a director; or

(b)the director fails to comply with section 30.

25Resignation

A director of the Authority may resign by notice in writing delivered to the Minister.

26Suspension

The Governor in Council, on the recommendation of the Minister, may suspend a director from office.

27Proceedings of board

(1)Subject to subsection (2), meetings of the board must be held at the times and places and conducted in the form the board determines appropriate.

(2)The chairperson of the Authority may at any time convene a meeting but must do so when requested by a director of the Authority.

(3)A majority of the directors for the time being of the Authority constitute a quorum of the board.

(4)A question arising at a meeting of the board shall be determined by a majority of votes of directors of the Authority present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.

(5)The board must ensure that minutes are kept of each meeting.

(6)Subject to this Act, the board may regulate its own proceedings.

28Participation in meetings by telephone etc.

(1)The board may permit its directors to participate in a particular meeting, or all meetings by—

(a)telephone; or

(b)closed-circuit television; or

(c)any other means of communication determined by the board that does not require the physical presence of each director in the same place.

(2)A director who participates in a meeting under a permission under subsection (1) is present at the meeting.

29Resolutions without meetings

(1)If—

(a)the Authority has taken reasonable steps to give notice to each director setting out the terms of a proposed resolution; and

(b)a majority of directors for the time being of the board sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those directors signs the document.

(2)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are taken to constitute one document.

(3)If a resolution is taken by this section to have been passed at a meeting of the board, each director, as soon as practicable, must be advised of the matter and given a copy of the resolution.

(4)The majority of directors referred to in subsection (1)(b) must not include a director who, because of section 30, is not entitled to vote on the resolution.

30Disclosure of interests

(1)If—

(a)a director of the Authority has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter—

the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board.

(2)A disclosure under subsection (1) must be recorded in the minutes of the meeting and, unless the Minister or the board otherwise determines, the director—

(a)must not be present during any deliberation of the board in relation to the matter; and

(b)must not take part in any decision of the board in relation to the matter.

(3)For the purpose of the making of a determination by the board under subsection (2) in relation to a director who has made a disclosure under subsection (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates—

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

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

(4)Subsections (1) and (2) do not apply in relation to a matter relating to the supply of goods and services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

31Authority must publish certain codes, policies, procedures or processes

The Authority must publish on its Internet site details of any code of conduct, policy, procedure or process that it has put in place for the purposes of section 81(1)(f) of the Public Administration Act 2004.

Notes

1Section 81 of the Public Administration Act 2004 requires the board of a public entity to, among other things, ensure that processes are in place to deal with conflicts of interest in directors.

2Section 30 sets out procedures in relation to the disclosure of interests.

32Authority not to make loans to directors

(1)The powers of the Authority do not include a power, whether directly or indirectly—

(a)to make a loan to a director of the Authority, a spouse of such a director, a person with whom the director is in a registrable domestic relationship (within the meaning of section 5 of the Relationships Act 2008), or a relative (as defined in the Corporations Act) of such a director, spouse or person; or

(b)to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse, person or relative referred to in paragraph (a).

(2)Nothing in subsection (1) prohibits the Authority entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the Authority with members of the public on the same terms and conditions.

33Indemnity

The powers of the Authority do not include a power to exempt, whether directly or indirectly, a director from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the Authority.

Division 4—Staffing and delegation

34Chief executive officer

(1)The board, with the approval of the Minister, may appoint a person as chief executive officer of the Authority.

(2)The chief executive officer may be—

(a)employed on a full-time or part-time basis; and

(b)appointed for the period, not exceeding 5 years, specified in the instrument of appointment.

(3)The chief executive officer holds office on such terms and conditions as are determined by the board with the approval of the Minister.

(4)The chief executive officer is responsible for the management of the affairs of the Authority in accordance with the general policies and strategic direction determined by the board.

(5)The chief executive officer is accountable to the board.

(6)The chief executive officer must not be a director of the board.

(7)The office of the chief executive officer becomes vacant if the chief executive officer—

(a)becomes a represented person within the meaning of section 3(1) of the Guardianship and Administration Act 2019; or

(b)becomes insolvent under administration; or

(c)is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or

(d)resigns by notice in writing delivered to the chairperson of the board.

(8)The board, with the approval of the Minister, may remove the chief executive officer from office.

(9)The Public Administration Act 2004 (other than Part 3 of that Act) applies to the chief executive officer.

35Acting chief executive officer

(1)If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of chief executive officer, the board may appoint another person to act in the place of the chief executive officer during the period of the inability.

(2)While a person is acting as chief executive officer, the person—

(a)has and may exercise all the powers, and must perform all the functions and duties, of the chief executive officer; and

(b)is to be paid any remuneration and travelling or other allowances fixed by the board from time to time having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer.

(3)The board, by instrument, may delegate to the chairperson of the board its power to appoint a person to act in the place of the chief executive officer under subsection (1).

36Staff

(1)The Authority may—

(a)employ people; or

(b)without limiting section 13(2)(h), enter into agreements or arrangements for the Authority to make use of the services of people—

on terms and conditions (including payment for services) determined by the Authority.

(2)The Authority may, in accordance with those terms and conditions, terminate any employment, engagement, agreement or arrangement under subsection (1).

(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person employed or engaged under subsection (1).

(4)Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

37Delegation by Authority

(1)The Authority, by instrument, may delegate to any person any function, power or duty of the Authority conferred or imposed by or under any Act including, subject to this section, this power of delegation.

(2)Subsection (1) does not apply to the delegation of any function or power conferred on the Authority, or duty imposed on the Authority, as a planning authority, responsible authority or referral authority under the Planning and Environment Act 1987 to any person who is not the chief executive officer, chairperson, deputy chairperson, director or member of staff of the Authority, unless the person is a prescribed person.

(3)The following functions, powers and duties must not be delegated under subsection (1) without the approval of the Minister—

(a)any power of the Authority under the Borrowing and Investment Powers Act 1987 in relation to a financial accommodation or financial transaction;

(b)any other prescribed function, power or duty.

(4)A delegate of a function, power or duty under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that function, power or duty to any other person or persons or body if the instrument of delegation authorises its sub-delegation.

(5)Sections 42 and 42A of the Interpretation ofLegislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.

Division 5—Corporate plan

38Corporate plan

(1)The board must prepare a corporate plan for each financial year commencing after the commencement of this section.

(2)The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year.

(3)The proposed plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—

(a)a statement of corporate intent in accordance with section 42; and

(b)a business plan containing any information that the Minister or the Treasurer requires; and

(c)financial statements containing any information that the Treasurer requires; and

(d)any prescribed information.

(4)The corporate plan, or any part of the plan, must not be published or made available—

(a)except for the purposes of this Division; or

(b)without the prior approval of the Minister and the Treasurer.

(5)At any particular time, the statement of corporate intent, the business plan or the financial statements for the Authority are the statements and plan last completed, with any modifications or deletions made in accordance with this Division.

39Consultation regarding corporate plan

(1)The Minister and the Treasurer must give any comments on the proposed corporate plan within 2 months after the proposed corporate plan is given to the Minister and the Treasurer.

(2)The board must consider any comments on the proposed corporate plan made by the Minister and the Treasurer.

(3)The board must—

(a)consult in good faith with the Minister and the Treasurer following communication to it of the comments; and

(b)make any changes to the plan as are agreed between the Minister, the Treasurer and the board; and

(c)deliver the completed plan to the Minister and the Treasurer within 2 months after the commencement of the financial year.

40Modification of corporate plan

(1)The board may modify a corporate plan with the agreement of the Minister and the Treasurer.

(2)If the board, by written notice to the Minister and the Treasurer, proposes to modify a corporate plan, the board, within 14 days, may make the modification unless the Minister or the Treasurer, by written notice to the board, directs the board not to make it.

41Directions in relation to corporate plan

(1)The Treasurer, after consultation with the Minister, by written notice to the board, may direct the board to—

(a)include in a corporate plan (or any statement or plan contained in that plan) any specified matters; or

(b)omit from a corporate plan (or any statement or plan contained in that plan) any specified matters unless required to be published by or under any Act.

(2)Before giving a direction under this section, the Treasurer must consult with the board as to the matters to be referred to in the notice.

(3)The board must comply with a direction under this section.

42Statement of corporate intent—contents

Each statement of corporate intent must specify for the Authority and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 4 following financial years, the following information—

(a)the business objectives of the Authority and of its subsidiaries;

(b)the main undertakings of the Authority and of its subsidiaries;

(c)the nature and scope of the activities to be undertaken by the Authority and its subsidiaries;

(d)the accounting policies to be applied in the fund or accounts of the Authority and its subsidiaries;

(e)the performance targets and other measures by which the performance of the Authority and of its subsidiaries (if any) may be judged in relation to their stated business objectives;

(f)the kind of information to be provided to the Minister and the Treasurer by the Authority during the course of those financial years;

(g)such other matters as may be agreed on in writing by the Minister, the Treasurer and the board;

(h)any prescribed matter.

43Corporate plan to be followed

The Authority must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister and the Treasurer to do otherwise.

44Board to give notice of significant events

(1)The board must notify the Minister if the board forms the opinion that any of the following have arisen—

(a)any matter that may prevent, or significantly affect, achievement of the business objectives of the Authority and its subsidiaries (if any) under the corporate plan;

(b)any matter that may prevent, or significantly affect achievement of the targets under the plan;

(c)any prescribed matter.

(2)The board must notify the Minister of the reasons for its opinion.

45Nothing void merely because of non-compliance

Nothing done by the Authority is void or unenforceable merely because the Authority has failed to comply with this Division.

Division 6—Financial provisions

46General Fund

(1)The Authority must establish and keep a fund called the General Fund.

(2)There must be paid into the General Fund—

(a)all money received by the Authority, or on its behalf, in respect of, or in connection with, the carrying out of its functions or powers under this Act or any other Act; and

(b)all income from the investment of money in the General Fund and the proceeds of sale of any investment; and

(c)any money directed or approved by the Minister or Treasurer to be paid into the General Fund.

(3)The Authority may pay money out of the General Fund—

(a)to pay any amounts payable by the Authority in relation to its functions or powers under this Act or any other Act, except any money to be paid out of a Project Fund in relation to a Suburban Rail Loop project; and

(b)to pay any costs and expenses incurred by the Authority in relation to its functions or powers under this Act or any other Act, except any costs and expenses to be paid out of a Project Fund in relation to a Suburban Rail Loop project; and

(c)to repay any amount borrowed by the Authority under this Act for any purpose (other than a Suburban Rail Loop project) or pay any other liability of the Authority together with any charges or interest on that amount or liability; and

(d)to pay any amount directed by the Treasurer to be paid under section 50; and

(e)for any other purpose authorised under this Act or any other Act.

47Project Funds

(1)The Authority may establish and keep one or more Project Funds for the purposes of, or one or more, or parts of one or more, Suburban Rail Loop projects.

(2)There must be paid into a Project Fund—

(a)all money received by the Authority, or on its behalf, in respect of, or in connection with, the carrying out of its functions, powers or duties under this Act or any other Act relating to a Suburban Rail Loop project; and

(b)all income from the investment of money in a Project Fund and the proceeds of sale of any investment; and

(c)any money directed or approved by the Minister or Treasurer to be paid into a Project Fund; and

(d)all other money that the Authority receives for payment, or is permitted to be paid, into a Project Fund.

(3)The Authority may pay money out of a Project Fund—

(a)to pay any amounts payable by the Authority in respect of its functions, powers or duties under this Act or any other Act relating to a Suburban Rail Loop project; and

(b)to pay any costs and expenses incurred by the Authority in relation to its functions, powers or duties under this Act or any other Act relating to a Suburban Rail Loop project; and

(c)to repay any amount borrowed by the Authority under this Act for any purpose relating to a Suburban Rail Loop project together with any charges or interest on that amount; and

(d)to pay any amount directed by the Treasurer under section 50; and

(e)to pay any amount directed or approved by the Minister or the Treasurer to be paid into another Project Fund; and

(f)for any other purpose authorised under this Act or any other Act.

48Borrowing and investment by Authority

The Authority has the powers conferred on it under the Borrowing and Investment Powers Act 1987.

49Capital

(1)The capital of the Authority is equal to the sum of—

(a)the assets and liabilities of the Authority; and

(b)any part of the Authority's liabilities that is converted into capital at the direction of the Treasurer; and

(c)any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and

(d)any part of the Authority's reserves that is converted into capital at the direction of the Treasurer after consultation with the board—

less any amount of capital repaid under subsection (2).

(2)The capital of the Authority is repayable to the State at the times, and in the amounts, as the Treasurer, after consultation with the Minister and the board, directs in writing.

(3)In giving a direction under subsection (2), the Treasurer is to have regard to any advice that the board has given to the Treasurer in relation to the Authority's affairs.

50Dividends

The Authority must pay to the State the amounts, at the times and in the manner, as are directed in writing by the Treasurer after consultation with the board and the Minister.

51Exceptions from State Owned Enterprises Act 1992

(1)Division 1 of Part 2 of the State Owned Enterprises Act 1992 does not apply to the Authority or a subsidiary of the Authority.

(2)Despite anything to the contrary in section 88 of the State Owned Enterprises Act 1992, a direction by the Treasurer to the Authority under that section to enter the NTER does not apply to—

(a)a Suburban Rail Loop project; or

(b)an activity relating to a Suburban Rail Loop project that has been determined for the purposes of this subsection under subsection (3).

(3)The Minister, with the approval of the Treasurer, may determine an activity relating to a Suburban Rail Loop project for the purposes of subsection (2).

(4)On determining an activity under subsection (3), the Minister must give written notice of the determination to the Authority.

(5)Section 88B of the State Owned Enterprises Act 1992 does not apply to land within a project area of a Suburban Rail Loop project.

(6)This section has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.

(7)In this section—

NTER has the same meaning as in section 88 of the State Owned Enterprises Act 1992.

52Exemption from duties, rates, taxes, levies or charges

(1)Despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law, the Treasurer, on the Minister's recommendation, may by instrument totally or partially exempt any agreement, property, land, arrangement, development or matter, from any duty, rate, tax, levy or charge levied under this or any other Act, in relation to—

(a)the whole or a specified part of the project area of a Suburban Rail Loop project; or

(b)the Suburban Rail Loop program or a Suburban Rail Loop project.

(2)An exemption must state the time for which it operates and may be subject to any conditions specified in the instrument of exemption.

(3)The Minister must cause notice of an exemption to be published in the Government Gazette.

Note

Section 256 of the Major Transport Projects Facilitation Act 2009 provides for certain tax and duty exemptions for the purpose of an approved project within the meaning of that Act.

Division 7—Special land acquisition and development powers

53Compulsory acquisition of land

(1)Subject to the approval of the Minister, the Authority may, on behalf of the Crown, compulsorily acquire any land which is or may be required by the Authority for or in connection with the Suburban Rail Loop program.

(2)Subject to subsection (3), the Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

(a)the Suburban Rail Loop Act 2021 is the special Act; and

(b)the Authority is the Authority under the Land Acquisition and Compensation Act 1986.

(3)Section 109(2) of the Land Acquisition and Compensation Act 1986 does not apply to land acquired under subsection (1).

54Cultural and Recreational Lands Act 1963

Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of land under section 53.

55Authority may enter into certain agreements for land within or anticipated to be within a project area

(1)Without limiting Division 2, the Authority alone or jointly with any other person may enter into an agreement with another person concerning the use or development of any land—

(a)within a project area; or

(b)that is anticipated to be within a project area.

(2)Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (1) as if—

(a)that agreement were an agreement under that Division; and

(b)that Division referred to the Authority instead of the responsible authority for the planning scheme; and

(c)section 174(2)(c) were omitted.

Division 8—Special project development related functions and powers

56Power to enter land by persons authorised by Authority

(1)An authorised person may enter land for the purpose of—

(a)doing all things necessary and convenient to carry out surveys or investigations for the purposes of, or connected to, the Suburban Rail Loop program or a Suburban Rail Loop project or preparatory to the declaration of a Suburban Rail Loop project; or

(b)doing, on the Authority's behalf, anything the Authority is authorised to do on that land in carrying out its functions or powers.

(2)Without limiting subsection (1)(a), an authorised person may do any of the following on the land—

(a)undertake geotechnical and site survey work;

(b)undertake archaeological and cultural heritage investigations;

(c)undertake ecological surveys;

(d)undertake flora and fauna surveys and take samples of plants;

(e)undertake utilities surveys;

(f)undertake contamination investigations;

(g)determine site conditions (including undertaking noise monitoring and preparing condition reports);

(h)dig or bore into the land and take samples of soil, rock, ground water or minerals.

(3)The Authority must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—

(a)written notice of intention to enter the land; and

(b)a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act—

at least 7 days before the land is entered under subsection (1).

(4)An authorised person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.

(5)The Authority need not give notice in writing under this section in an emergency.

(6)An authorised person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.

(7)In exercising a power under subsection (1) or (2), an authorised person must—

(a)identify themselves by producing the identity card issued to that person under section 57; and

(b)cause as little harm and inconvenience as possible; and

(c)not stay on the land for any longer than it is reasonably necessary; and

(d)remove from the land anything brought on to the land by the authorised person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and

(e)leave the land as nearly as possible in the condition in which the authorised person found it; and

(f)co-operate as much as possible with the owner and any occupier of the land.

(8)An authorised person may be accompanied by any assistants, vehicles, machinery or equipment for a purpose referred to in subsection (1) or (2).

(9)The Authority is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—

(a)sustained pecuniary loss; or

(b)incurred any expense.

(10)Compensation under subsection (9) must be claimed and dealt with in accordance with the Land Acquisition and Compensation Act 1986, as if it were a claim under section 47(1) of that Act.

57Authorised persons for the purposes of section 56

(1)The Authority, by instrument, may authorise a person to enter land for the purposes of section 56.

(2)The Authority must issue an identity card to each person authorised under this section.

(3)An identity card must contain a photograph of the person to whom it is issued.

58Utility interface powers in relation to Suburban Rail Loop program

(1)For the purposes of undertaking the Suburban Rail Loop program, the Authority has the functions and powers of a project authority under Divisions 1 and 2 of Part 7 of the Major Transport Projects Facilitation Act 2009.

(2)For the purposes of subsection (1)—

(a)a reference to a project authority is to be read a reference to the Authority; and

(b)a reference to the development of the declared project is to be read as a reference to the undertaking of the Suburban Rail Loop program; and

(c)section 211A of that Act is to be read as if—

(i)a reference to the project area in that section were a reference to the area of land that the Authority considers may form part of a project area under this Act; and

(ii)in subsection (2)(a) of that section, the words "or that the project authority considers may form part of the project area" were omitted.

Note

See also section 78.

Division 9—Reports by the Authority

59Reports to Minister or Treasurer

The Minister or the Treasurer, in writing, may require the board to give the Minister or the Treasurer such information in any form as the Minister or the Treasurer requires.

60Annual report of operations

The Authority must include in every annual report of operations under Part 7 of the Financial Management Act 1994—

(a)a copy of the statement of corporate intent last completed; and

(b)in respect of each Suburban Rail Loop project being delivered by the Authority during the financial year to which the report of operations relates, details of the following—

(i)any services, non-transport infrastructure or transport infrastructure provided;

(ii)any increase in social or economic capital;

(iii)any enhancements to urban or public amenity;

(iv)any commercial outcomes or improvements to economic activity;

(v)any productivity enhancements;

(vi)a report on the financial status of the project;

(vii)any matter directed by the Minister or the Treasurer to be included;

(viii)any prescribed matter.

Division 10—Miscellaneous

61Validity of decisions—board

(1)An act or decision of the board is not invalid merely because of—

(a)a defect or irregularity in, or in connection with, the appointment of a director of the Authority; or

(b)a vacancy in the membership of the board.

(2)Anything done by or in relation to a person purporting to act as a director is not invalid merely because—

(a)the occasion for the appointment had not arisen; or

(b)there was a defect or irregularity in relation to the appointment; or

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

62Validity of decisions—chief executive officer

(1)An act or decision of the chief executive officer is not invalid merely because of—

(a)a defect or irregularity in, or in connection with, the appointment of the chief executive officer; or

(b)a vacancy in the office of the chief executive officer, including a vacancy arising from the failure to appoint an original chief executive officer.

(2)Anything done by or in relation to a person purporting to act as chief executive officer is not invalid merely because—

(a)the occasion for the appointment had not arisen; or

(b)there was a defect or irregularity in relation to the appointment; or

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

63Reciprocal arrangements with Ministers, public sector entities and public authorities

(1)With the approval of the Minister, the Authority may enter into an agreement or arrangement with a Minister, Department Head or public authority (a reciprocal entity) concerning—

(a)the carrying out by the Authority and the reciprocal entity of any of their respective functions or powers in relation to the Suburban Rail Loop program or a Suburban Rail Loop project; or

(b)the carrying out or providing by the Authority for the reciprocal entity, or by the reciprocal entity for the Authority of any development or services in relation to the Suburban Rail Loop program or a Suburban Rail Loop project; or

(c)the allocating of funds collected under the agreement or arrangement in relation to the Suburban Rail Loop program or the Suburban Rail Loop project.

(2)The Authority may enter into an agreement or arrangement with a reciprocal entity concerning the use or joint use by the Authority and the reciprocal entity of their respective facilities or the services of their respective staff in relation to the Suburban Rail Loop program or the Suburban Rail Loop project.

64Minister may declare subsidiary represents Crown

(1)A subsidiary of the Authority does not represent the Crown unless the Minister declares by notice published in the Government Gazette that the subsidiary represents the Crown.

(2)While a declaration under subsection (1) is in effect, the subsidiary referred to in the declaration represents the Crown.

PART 3—SUBURBAN RAIL LOOP PLANNING INTERFACE

65Declaration of Suburban Rail Loop planning areas

(1)The Minister may declare an area of land to be a Suburban Rail Loop planning area.

Note

Section 41A of the Interpretation of Legislation Act 1984 applies to the making of a declaration under subsection (1).

(2)Before making a declaration under subsection (1), the Minister must be satisfied that the making of the declaration is necessary to give effect to the Suburban Rail Loop program.

(3)In making a declaration under subsection (1), the Minister must have regard to—

(a)the Suburban Rail Loop program objectives; and

(b)the Authority's object.

(4)A Suburban Rail Loop planning area declaration—

(a)must describe the area of land subject to the declaration by means of a plan; and

(b)may specify a date on which the declaration takes effect, which must be after the day on which it is published in the Government Gazette.

66Preparation of plans of the purposes of Suburban Rail Loop planning area declarations

(1)The Minister must, for the purposes of section 65(4)(a), prepare a plan that describes an area of land that is the subject of a Suburban Rail Loop planning area declaration.

(2)A plan prepared under subsection (1) must—

(a)include data to enable the plan to be reproduced on an Internet site maintained by the Secretary to the Department; and

(b)be lodged with the Central Plan Office before the Suburban Rail Loop planning area declaration is published under section 67(1).

67Publication of Suburban Rail Loop planning area declaration

(1)A Suburban Rail Loop planning area declaration must be published in the Government Gazette.

(2)In addition, a Suburban Rail Loop planning area declaration must be published on an Internet site maintained by the Department as soon as practicable after the declaration takes effect.

68When a Suburban Rail Loop planning area declaration takes effect

A Suburban Rail Loop planning area declaration takes effect—

(a)on the day the declaration is published in the Government Gazette; or

(b)if the declaration specifies a date on which it is to take effect, on that date.

69Minister to ensure consolidated version of Suburban Rail Loop planning area declaration is available

(1)This section applies if a Suburban Rail Loop planning area declaration is amended by another Suburban Rail Loop planning area declaration (an amending declaration).

(2)As soon as practicable after the amending declaration is published in the Government Gazette under section 67(1), the Minister must ensure that an up-to-date consolidated version of the Suburban Rail Loop planning area declaration (as amended by the amending declaration) is prepared incorporating those amendments.

(3)The Minister must cause the up-to-date consolidated version of the Suburban Rail Loop planning area declaration prepared under subsection (2) to be—

(a)available for inspection by any person free of charge during office hours at the principal office of the Department; and

(b)published on an Internet site maintained by the Department.

(4)A failure to comply with this section does not affect the operation or effect of the amending declaration published in the Government Gazette under section 67(1).

70Minister to give Suburban Rail Loop planning area declaration to Planning and Environment Act Minister

(1)The Minister must give a copy of a Suburban Rail Loop planning area declaration and any plan prepared under section 66 for the purposes of the Suburban Rail Loop planning area declaration to the Minister administering sections 8A, 8B, 16G and 16I of the Planning and Environment Act 1987.

(2)A failure to comply with subsection (1) does not affect the validity or operation of a Suburban Rail Loop planning area declaration.

71Minister to give Suburban Rail Loop planning area declaration to affected Councils

(1)The Minister must give to every Council in whose municipal district land to which a Suburban Rail Loop planning area declaration applies—

(a)a copy of the Suburban Rail Loop planning area declaration; and

(b)a statement containing the prescribed information (if any).

(2)A failure to comply with subsection (1) does not affect the validity or operation of a Suburban Rail Loop planning area declaration.

PART 4—SUBURBAN RAIL LOOP PROJECTS

Division 1—Commencement of projects

72Declaration of Suburban Rail Loop projects

(1)The Premier may declare a development or proposed development to be a Suburban Rail Loop project.

Note

Section 41A of the Interpretation of Legislation Act 1984 applies to the making of a declaration under subsection (1).

(2)In making a declaration under this section, the Premier must—

(a)be satisfied that the development or proposed development is not prohibited by or under an applicable planning scheme; and

(b)have regard to—

(i)the Suburban Rail Loop program objectives; and

(ii)the Authority's object; and

(iii)the economic, community and social benefit to the State or the area of the State in which the development or proposed development is to be carried out.

(3)For the purpose of subsection (2)(a), a development is not prohibited by or under an applicable planning scheme if—

(a)it is permitted as of right; or

(b)it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

(c)it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).

73Content of Suburban Rail Loop project declaration

(1)A Suburban Rail Loop project declaration must—

(a)describe the Suburban Rail Loop project; and

(b)specify the area of land for the purposes of the Suburban Rail Loop project (the project area); and

(c)state that the Authority is responsible for the Suburban Rail Loop project described in the declaration.

(2)A Suburban Rail Loop project declaration may specify—

(a)the project area by reference to a plan; and

(b)the date on which the declaration takes effect, which must be after the day on which it is published in the Government Gazette.

74More than one Suburban Rail Loop project declaration may specify the same area of land

More than one Suburban Rail Loop project declaration may specify the same area of land.

75Publication of Suburban Rail Loop project declaration

(1)A Suburban Rail Loop project declaration must be published in the Government Gazette.

(2)In addition, a Suburban Rail Loop project declaration must be published on an Internet site maintained by the Department as soon as practicable after the declaration takes effect.

76When a Suburban Rail Loop project declaration takes effect

A Suburban Rail Loop project declaration takes effect—

(a)on the day the declaration is published in the Government Gazette; or

(b)if the declaration specifies a date on which it is to take effect, on that date.

77Premier to ensure consolidated version of Suburban Rail Loop project declaration is available

(1)This section applies if a Suburban Rail Loop project declaration is amended by another Suburban Rail Loop project declaration (an amending declaration).

(2)As soon as practicable after the amending declaration is published in the Government Gazette under section 75(1), the Premier must ensure that an up-to-date consolidated version of the Suburban Rail Loop project declaration (as amended by the amending declaration) is prepared incorporating those amendments.

(3)The Premier must cause the up-to-date consolidated version of the Suburban Rail Loop project declaration prepared under subsection (2) to be—

(a)available for inspection by any person free of charge during office hours at the principal office of the Department; and

(b)published on an Internet site maintained by the Department.

(4)A failure to comply with this section does not affect the operation or effect of the amending declaration published in the Government Gazette under section 75(1).

78Interrelationship with Major Transport Projects Facilitation Act 2009

(1)On the taking effect of a Suburban Rail Loop project declaration, Parts 5, 6, 7 and 9 of the Major Transport Projects Facilitation Act 2009 apply to the Suburban Rail Loop project described in the Suburban Rail Loop project declaration and for that purpose—

(a)a reference to an approved project or declared project under that Act is to be read as a reference to the Suburban Rail Loop project described in the Suburban Rail Loop project declaration; and

(b)a reference to the project area under that Act is to be read as a reference to the project area specified in the Suburban Rail Loop project declaration; and

(c)a reference to the project authority under that Act is to be read as a reference to the Authority; and

(d)a reference to a project declaration under that Act is to be read as a reference to the Suburban Rail Loop project declaration; and

(e)a reference to project land under that Act is to be read as including land acquired by the Authority for the purposes of the Suburban Rail Loop program; and

(f)a reference to the Project Minister under that Act is to be read as a reference to the Minister administering this Act; and

(g)a reference to development under that Act is to be read as reference to development within the meaning of this Act; and

(h)a reference to non-transport infrastructure under that Act is to be read as reference to non-transport infrastructure within the meaning of this Act; and

(i)a reference to transport infrastructure under that Act is to be read as reference to transport infrastructure within the meaning of this Act.

(2)If before a Suburban Rail Loop project declaration takes effect, the Authority performs a function or exercises a power under section 58 in relation to utility infrastructure in an area that becomes the project area or part of a project area specified under the declaration, on the taking effect of the declaration, the performance of the function or exercise of the power is taken to have been exercised or performed by the Authority under Part 7 of the Major Transport Projects Facilitation Act 2009 for the purposes of the Suburban Rail Loop project described in that declaration.

Division 2—Completion of projects

79Notification of completion of Suburban Rail Loop project or a part of a project

The Authority must notify, in writing, the Minister of the completion of a Suburban Rail Loop project or part of a Suburban Rail Loop project.

80Project completion declaration

The Minister may declare that a Suburban Rail Loop project, or part of a Suburban Rail Loop project, is complete.

81Content of project completion declaration

(1)A project completion declaration—

(a)must—

(i)identify the Suburban Rail Loop project; and

(ii)identify the applicable project area; and

(iii)describe any land reserved for a public purpose by or under this Act or any other Act for the purposes of the identified Suburban Rail Loop project that will not be reserved for a public purpose on the declaration taking effect; and

(b)may specify any one or more of the following—

(i)the date on which the declaration takes effect, which must be after the day which it is published in the Government Gazette;

(ii)any matter that the Minister considers relevant.

*                *                *                *                *

82Publication of project completion declaration

(1)A project completion declaration must be published in the Government Gazette.

(2)In addition, a project completion declaration must be published on an Internet site maintained by the Department as soon as practicable after the declaration takes effect.

83When project completion declaration takes effect

A project completion declaration takes effect—

(a)on the day the declaration is published in the Government Gazette; or

(b)if the declaration specifies a date on which it is to take effect, on that date.

84Authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

On and after the taking of effect of a project completion declaration—

(a)any applicable project area ceases to be a project area or part of a project area for the Suburban Rail Loop project; and

(b)the Authority cannot perform any function or exercise any power under the Major Transport Projects Facilitation Act 2009 in respect of any applicable project area.

Note

Under section 78, on the taking effect of a Suburban Rail Loop project declaration, Parts 5, 6, 7 and 9 of the Major Transport Projects Facilitation Act 2009 apply to the Suburban Rail Loop project described in the Suburban Rail Loop project declaration and the project area (as defined under section 73(1)(b)) is taken to be a project area within the meaning of the Major Transport Projects Facilitation Act 2009.

PART 5—GENERAL

85Delegation by Minister

(1)The Minister by instrument may delegate any function, power or duty of the Minister under this Act, other than a power specified in subsection (2), to the following—

(a)the chief executive officer;

(b)the chairperson of the Authority;

(c)the deputy chairperson of the Authority;

(d)a director or group of directors of the Authority;

(e)a member of staff of the Authority (by name or as the holder of a named position or office);

(f)any other person by name or class of persons, or as the holder of a named position, office or class of office.

(2)For the purposes of subsection (1), the specified powers are the following—

(a)the power of delegation under subsection (1);

(b)any power to issue directions or requests to the Authority and the board;

(c)any power conferred on the Minister to make a recommendation or give advice to the Governor in Council;

(d)the power under section 14 or 15;

(e)the power under section 18;

(f)the power under section 37(3);

(g)the power under section 64;

(h)any other prescribed matter.

(3)A delegation under this section may be made—

(a)in relation to a person or class of persons specified in the instrument of delegation; or

(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

(4)A delegate of a power under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that power to any other person or persons or body if the instrument of delegation authorises its sub-delegation.

(5)Sections 42 and 42A of the Interpretation ofLegislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.

86Improper use of information

(1)A person connected with the Authority must not make improper use of information acquired because of that person's connection with the Authority—

(a)to gain directly or indirectly any pecuniary advantage for themselves or another person; or

(b)with intent to cause detriment to the Authority, the Suburban Rail Loop program, a Suburban Rail Loop project or the State irrespective of whether detriment was caused.

Penalty:60 penalty units.

(2)A person does not commit an offence under subsection (1) if they use information referred to in that subsection in circumstances that are prescribed.

87Information to be confidential

(1)A person connected with the Authority must not make a record of, or divulge or communicate to any person, information relating to the Authority, the Authority's functions and powers or a Suburban Rail Loop project that was obtained by the person in confidence, except—

(a)in carrying out official duties other than in a reckless manner; or

(b)in carrying out duties or obligations, other than in reckless manner—

(i)under this Act; or

(ii)as a participant in relation to an undertaking referred to in section 88(e); or

(iii)under an agreement or arrangement referred to in section 88(f); or

(c)with the written approval of the Minister; or

(d)to a court, in proceedings under this Act or in relation to an agreement or arrangement made under this Act; or

(e)if the information is already in the public domain, other than as a result of a contravention of this Act; or

(f)in the prescribed circumstances (if any).

Penalty:60 penalty units.

(2)For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential.

88Who is connected with Authority

For the purpose of sections 86 and 87, a person is connected with the Authority if the person is or has been—

(a)a director of the Authority; or

(b)a relative (within the meaning of section 9 of the Corporations Act) of a director of the Authority; or

(c)a person that a director of the Authority has been in a registrable caring relationship or a registrable domestic relationship (within the meaning of section 5 of the Relationships Act 2008) with; or

(d)a member of staff of the Authority; or

(e)a participant with the Authority in a body (corporate or unincorporate), trust, partnership, joint venture, or other joint undertaking; or

(f)a party to an agreement with the Authority (including any person employed or engaged by that party in relation to the agreement) or an arrangement made with the Authority.

89Obligations of public entities and public service bodies

A public entity or public service body must—

(a)co-operate with the Authority in the performance of the functions, powers or duties of the Authority; and

(b)respond to a reasonable request for information by the Authority under this Act in a timely and efficient manner.

90Governor in Council may require public authorities to act

(1)The Governor in Council, by Order published in the Government Gazette, may require a public authority—

(a)to carry out functions in relation to the project area for a Suburban Rail Loop project or anything done or to be done in that area; and

(b)to carry out those functions within a period specified in the Order.

(2)If a function relates to the giving of statutory approval, a requirement under subsection (1) cannot fix a shorter time or time limit to that prescribed by or under an Act.

(3)The public authority must comply with a requirement under subsection (1).

(4)A requirement under subsection (1) applies despite anything to the contrary in any other Act or law other than the Charter of Human Rights and Responsibilities Act 2006.

91Proceedings

A proceeding for an offence under this Act or the regulations, either generally or in a particular case, may be commenced by—

(a)the Authority; or

(b)a person authorised in writing by the Authority; or

(c)the Minister; or

(d)a person authorised in writing by the Minister; or

(e)a law enforcement agency within the meaning of section 51A(1) of the Crimes Act 1958; or

(f)a public prosecutions service within the meaning of section 3(1) of the Public Prosecutions Act 1994.

92Evidence

(1)Proof is not required in the absence of evidence to the contrary—

(a)that a person bringing a proceeding for an offence under this Act or the regulations is authorised to do so; and

(b)of the constitution of the Authority, the due appointment of its directors or the presence of a quorum at its meetings; and

(c)of the appointment of any member of staff by the Authority; and

(d)of the validity of appointment of a person purporting to act as delegate of the Authority; and

(e)that a document appearing to be issued by or on behalf of the Authority, the Premier, the Minister or the Treasurer was so issued; and

(f)of the fixing of a charge, levy, rate, tax or exemption by the Authority under this Act or any other Act; and

(g)of the validity of the contents of the Authority's records or minutes.

(2)A document appearing to be part of a resolution or notice made or issued by the Authority under this Act and appearing to be authenticated by the Authority is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that a resolution or notice in those terms was duly made or issued by the Authority.

(3)A document appearing to be issued by the Authority or appearing to be signed by the chairperson, deputy chairperson, chief executive officer or a director of the Authority including the particulars of any amount or liability relating to a charge, levy, rate, tax or exemption is, in the absence of evidence to the contrary, proof of the matters stated in the document.

(4)A document requiring authentication by the Authority must be taken to be sufficiently authenticated without the Authority's seal if signed by the chairperson, deputy chairperson, chief executive officer or a director of the Authority or by another person authorised in writing by the Authority to do so, either generally or in a particular case.

93Service of documents

(1)A document required or permitted to be served on the Authority may be served by being left at its principal office with a person authorised in writing by the Authority to accept service of documents on behalf of the Authority.

(2)A document required or permitted to be served by the Authority on a person may be served—

(a)by delivering it personally to that person; or

(b)by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently living there; or

(c)by post addressed to that person at the person's last known place of residence; or

(d)if the person is an owner or occupier of land whose name and address are not known to the Authority—

(i)by leaving it at the land with a person apparently over the age of 16 years and apparently living there; or

(ii)by putting it up on a conspicuous part of the land; or

(e)if the person has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address; or

(f)in any other prescribed way; or

(g)in any other manner permitted by any other Act or law.

(3)If the name and address of the owner or occupier of land are not known to the Authority, a document may be addressed to the "owner" or "occupier".

(4)If a document is served on the owner or occupier of land the service is binding on any subsequent owner or occupier as if actually served on that person.

(5)A statutory declaration by a person who has served or given a document to or on behalf of the Authority stating the manner, place, date and time the document was served or given is evidence of the document having been served or given.

94Other laws not affected

Sections 91, 92 and 93 add to and do not take away from any other Act, rule or law relating to evidence, the service of documents and proceedings.

95Exclusion of proportionate liability under Wrongs Act 1958

(1)Despite anything to the contrary in Part IVAA of the Wrongs Act 1958, that Part does not—

(a)prevent the Authority and another person, or a subsidiary of the Authority and another person, from making express provision for their rights, obligations and liabilities under a contract relating to a Suburban Rail Loop project with respect to any matter to which that Part applies; and

(b)limit or otherwise affect the operation of any express provision in a contract referred to in paragraph (a).

(2)Subsection (1) extends to any provision in Part IVAA of the Wrongs Act 1958 even if the provision applies to liability in contract.

96Excluded matter for Corporations Act

Anything done by a subsidiary of the Authority that represents the Crown by declaration under section 64(1) under this Act is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to section 588G of the Corporations Act.

Note

This section ensures that section 588G of the Corporations Act will not apply to anything done by a subsidiary of the Authority that represents the Crown. Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to specified provisions of the Corporations legislation, then those provisions will not apply to that matter in the State concerned.

97Certain instruments are not legislative instruments for the purposes of Subordinate Legislation Act 1994

None of the following is a legislative instrument for the purposes of Subordinate Legislation Act1994—

(a)a Suburban Rail Loop planning area declaration;

(b)a Suburban Rail Loop project declaration;

(c)a project completion declaration.

98Regulations

(1)The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstances;

(c)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons;

(d)may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified;

(e)may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;

(f)may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time;

(g)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

(3)Any regulations made under this section for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

PART 6—SAVINGS, TRANSITIONALS AND RELATED PROVISIONS

Division 1—Preliminary

99Definitions

In this Part—

Administrative Office has the same meaning as in the Public Administration Act 2004;

Administrative Office Head has the same meaning as in the Public Administration Act 2004;

allocation statement means an allocation statement made under section 102;

commencement day means the day on which section 8 comes into operation;

Crown instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a)to which the Crown was a party; or

(b)that was given to or in favour of the Crown; or

(c)that refers to the Crown; or

(d)under which—

(i)money is, or may become, payable to or by the Crown; or

(ii)other property is to be, or may become liable to be, transferred to or by the Crown;

former Crown property means property, rights or liabilities of the Crown that, under this Part, have vested in or become liabilities of the Authority;

instrument includes a document and an oral agreement;

relevant date means a date fixed by the Minister under section 101 as the relevant date for an allocation statement;

SRLA (AO) means the Administrative Office established by Order in Council under section 11 of the Public Administration Act 2004 and published in the Government Gazette on 3 September 2019.

Note

The terms liabilities, property and rights are used in this Part.  These terms are defined in section 3.

100Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984.

101Minister may fix relevant date

The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 102.

Division 2—Transfer of property, rights and liabilities

102Secretary to prepare allocation statement or statements

(1)The Secretary must give the Minister within the period approved by the Minister, a statement or statements approved by the Minister relating to the property, rights and liabilities of the Crown that relate to the activities of the SRLA (AO) as at the relevant date.

(2)A statement under this section—

(a)must allocate to the Authority all the property, rights and liabilities of the Crown that relate to the activities of the SRLA (AO); and

(b)must be signed by Secretary.

(3)If a statement under this section is approved by the Minister—

(a)the Minister must sign the statement; and

(b)the statement is an allocation statement for the purposes of this Part.

(4)The Minister may at any time direct the Secretary to amend a statement given to them under this section as specified in the direction.

(5)An allocation statement under this section may be amended by writing signed by the Minister.

(6)In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

103Certificate of Secretary

(1)A certificate signed by the Secretary certifying that property, rights and liabilities of the Crown that relate to the activities of the SRLA (AO) specified in the certificate have been allocated under an allocation statement to the Authority is, unless revoked under subsection (2), conclusive evidence—

(a)that the property, rights or liabilities have been so allocated; and

(b)that the property, rights or liabilities vested in, or became the property, rights or liabilities of, the Authority on the relevant date.

(2)If the Minister so directs the Secretary in writing, the Secretary must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3)The Secretary—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by interested persons.

104Property, rights and liabilities allocated in accordance with statement

On the relevant date—

(a)all property and rights of the Crown, wherever located, that are allocated under an allocation statement, vest in the Authority in accordance with the statement; and

(b)all liabilities of the Crown, wherever located, that are allocated under an allocation statement, become liabilities of the Authority in accordance with the statement.

105Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, if, under this Part, property and rights vest in the Authority or liabilities become liabilities of the Authority—

(a)the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b)the rights to which the Crown was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Crown vest in the Authority.

106Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the Crown under an agreement are allocated to the Authority—

(a)the Authority becomes, on the relevant date, a party to the agreement in place of the Crown; and

(b)on and after the relevant date, the agreement has effect as if the Authority had always been a party to the agreement.

107Former Crown instruments

Each Crown instrument relating to former Crown property allocated to the Authority under an allocation statement continues to have effect according to its terms on and after the relevant date as if a reference in the instrument to the Crown were a reference to the Authority.

108Proceedings

If, immediately before the relevant date for an allocation statement, proceedings relating to former Crown property (including arbitration proceedings) allocated to the Authority under the allocation statement, to which the Crown was a party were pending or existing in any court or tribunal, then, on and after that relevant date, the Authority is substituted for the Crown as a party to the proceedings and has the same rights in the proceedings as the Crown had.

109Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Crown.

110Evidence

(1)Documentary or other evidence that would have been admissible for or against the interests of the Crown in relation to former Crown property if this Part had not been enacted, is admissible for or against the interests of the Authority, if the property is allocated to that body under an allocation statement.

(2)The Evidence Act 2008 applies with respect to the books of account of the SRLA (AO) and to entries made in those books of account before the relevant date, whether or not they relate to former Crown property, as if those books of account and entries were business records of the Authority.

Division 3—Other transitional arrangements

111Chief executive officer of the Authority

(1)The person who, immediately before the commencement day, was the Administrative Office Head of the SRLA (AO) is taken on that day to be the chief executive officer of the Authority and to hold office as the chief executive officer on and after that day subject to terms and conditions of appointment determined by the board.

(2)The terms and conditions determined by the board for the purposes of subsection (1) must be no less favourable overall than the terms and conditions of employment of that person as the Administrative Office Head of the SRLA (AO) immediately before the commencement day.

112Superseded references

A reference to the SRLA (AO) in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the Authority—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

Division 4—Other provisions related to transition to Authority

113Partial revocation of certain reserved land

(1)This section applies if—

(a)a part of the reserved land (the relevant land) is within the project area for a Suburban Rail Loop project; and

(b)the Minister considers it necessary for the purposes of the Suburban Rail Loop project that the part of the reservation applying to the reserved land be revoked.

(2)The Minister on—

(a)receiving a plan of the relevant land signed by the Surveyor-General; and

(b)being satisfied that the land shown on the plan represents that part of the reservation to be revoked—

may recommend to the Governor in Council that the part of the reservation applying to the relevant land be revoked.

(3)On receiving the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may, despite anything to the contrary in the Crown Land (Reserves) Act1978, revoke the relevant Order in Council to the extent that Order the relates to the relevant land shown on the plan.

(4)On the publication of an Order under subsection (3) in respect of the relevant land—

(a)subject to paragraph (e), that land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b)without limiting paragraph (a), any reservation of that land in force immediately before that publication is revoked, despite anything to the contrary in the Crown Land (Reserves) Act 1978; and

(c)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(d)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and

(e)that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of the applicable Suburban Rail Loop project.

(5)The reservation of land under subsection (4)(e) may be amended, revoked or otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.

(6)An Order under subsection (3) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

(7)In this section—

reserved land means land described in the relevant Order;

relevant Order means the Order in Council made under section 4 of the Crown Land (Reserves) Act 1978 permanently reserving Crown Allotment 43A, Parish of Moorabbin, for public recreation and published in the Government Gazette on 20 February 1985 at page 397.

Division 5—Miscellaneous

114Validity of things done under this Part

Nothing effected by, or done or suffered under, this Part—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

(d)is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or

(e)is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f)is to be regarded as frustrating any contract; or

(g)releases any surety or other obligee wholly or in part from any obligation.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 September 2021

Legislative Council: 5 October 2021

The long title for the Bill for this Act was "A Bill for an Act to establish the Suburban Rail Loop Authority and confer on the Authority appropriate functions and powers for the Authority to plan and deliver the Suburban Rail Loop and development associated with the Suburban Rail Loop and to enable the Authority to operate, or manage the operation of, the Suburban Rail Loop, or to manage development associated with the Suburban Rail Loop and for other purposes."

The Suburban Rail Loop Act 2021 was assented to on 19 October 2021 and came into operation on 1 December 2021: Special Gazette (No. 649) 23 November 2021 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Suburban Rail Loop Act 2021 by Acts and subordinate instruments.

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Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	Ss 132, 218, 220 on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1; s. 115(6) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Note:	S. 132 repealed Pt 7 (ss 116–132) on 1.9.23; s. 218 repealed Pt 8 (ss 133–218) on 1.9.23; s. 220 repealed Pt 9 (ss 219, 220), Sch. 1 on 1.9.23; s. 115(6) repealed s. 115 on 1.12.23
Current State:	This information relates only to the provision/s amending the Suburban Rail Loop Act 2021

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	S. 94 on 1.7.22: Government Gazette 23.6.22 p. 2737
Current State:	This information relates only to the provision/s amending the Suburban Rail Loop Act 2021

Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024

Assent Date:	26.11.24
Commencement Date:	Ss 49–51 on 27.11.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Suburban Rail Loop Act 2021

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025

Assent Date:	18.3.25
Commencement Date:	S. 134 on 25.11.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Suburban Rail Loop Act 2021

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 42) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Suburban Rail Loop Act 2021

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3   Explanatory details

No entries at date of publication.