Commonwealth Public Works Committee Act 1936

Overview

The Commonwealth Public Works Committee Act 1936 was enacted to amend the Commonwealth Public Works Committee Act 1913–1921, primarily addressing issues and gaps in the existing framework regarding the oversight and approval of public works projects with estimated costs exceeding twenty-five thousand pounds. This legislation was introduced by the Commonwealth Parliament, reflecting a policy objective to refine and streamline the processes associated with the referral, review, and authorisation of significant public works projects. The Act repeals the Commonwealth Public Works Committee Act 1932 and introduces modifications to the functions, conditions, and procedures concerning public works, ensuring they are subject to appropriate scrutiny and approval by the House of Representatives.

Scope and Application

The Commonwealth Public Works Committee Act 1936 applies to the Commonwealth Public Works Committee and regulates its functions and the processes involved in the consideration and reporting on public works with an estimated cost exceeding Twenty-five thousand pounds. This Act applies to the Committee as an entity and to the conduct and transactions related to public works as outlined. The geographic and jurisdictional reach of this Act is national, applying throughout the Commonwealth of Australia. This Act extends its application through subordinate instruments, such as regulations made by the Governor-General, which must be consistent with the Act and cover matters necessary for its implementation. There are no specific exclusions or exemptions mentioned within the text, but the scope of application is restricted to public works exceeding the specified cost threshold.

Key Provisions

The main operative sections of the Commonwealth Public Works Committee Act 1936 (C1936A00092) make significant changes to the functions and processes of the Commonwealth Public Works Committee, primarily by focusing on public works that exceed an estimated cost of Twenty-five thousand pounds (sections 4 and 5). These sections require that any proposed public work exceeding this cost must be referred to the Committee for a report before the work can commence. Additionally, the Act introduces changes to the conditions under which public works can be referred to the Committee (section 5(1)) and stipulates that such works cannot commence until the House of Representatives declares it expedient by resolution (section 5(7)). The Act also repeals the Commonwealth Public Works Committee Act 1932 and renames the amended Principal Act as the Commonwealth Public Works Committee Act 1913–1936 (sections 1 and 2). The Act imposes several obligations on the parties it governs. Firstly, it mandates that the Minister or any Member of the House of Representatives must move that any proposed public work exceeding Twenty-five thousand pounds be referred to the Committee for a report (section 5(1)). Secondly, upon the motion being made, a Minister of State must furnish an explanation of the proposed work to the House (section 5(2)). Thirdly, the Committee is required to consider and report upon any such public work as referred to it (section 4(1)). Finally, the Governor-General is empowered to make regulations to facilitate the implementation of the Act, as long as these regulations do not conflict with the provisions of the Act (section 41). Failure to comply with the requirements set forth in the Commonwealth Public Works Committee Act 1936 may result in civil or criminal consequences. For instance, commencing a public work without the necessary resolution from the House of Representatives as required by section 5(7) could be considered an offence. While the Act does not specify exact penalties for breaches, such actions could potentially lead to legal actions or penalties under other relevant legislation. Additionally, regulations made under section 41 could outline specific penalties for non-compliance with the Act or the regulations themselves.