Infrastructure Australia Act 2008
No. 17, 2008
Compilation No. 9
Compilation date: 15 April 2024
Includes amendments: Act No. 117, 2023
Registered: 1 May 2024
About this compilation
This compilation
This is a compilation of the Infrastructure Australia Act 2008 that shows the text of the law as amended and in force on 15 April 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
2A Object
3 Definitions
Part 2—Infrastructure Australia
4 Establishment
5 Functions—general
5A Functions—conducting audits
5B Functions—evaluating infrastructure proposals
5C Functions—developing Infrastructure Priority Lists and Infrastructure Plans
5D Functions—providing advice on infrastructure matters
5DA Functions—assessments of certain nationally significant infrastructure projects without prior evaluation
5DB Functions—annual statements
5E Infrastructure Australia must have regard to policies
6 Minister may give directions to Infrastructure Australia
6A Powers
6B Consultation
6C Infrastructure Australia does not have privileges and immunities of the Crown
Part 2A—Commissioners
Division 1—Functions
6E Functions
Division 2—Constitution and appointment
7 Constitution
8 Appointment of Commissioners
9 Term of appointment
10 Acting appointments
11 Remuneration
12 Leave of absence
15 Outside employment
16 Other terms and conditions
17 Resignation of Commissioners
18 Termination of appointment
Division 3—Meetings
19 Convening meetings
20 Presiding at meetings
21 Quorum
22 Voting at meetings
23 Conduct of meetings
24 Minutes
25 Decisions without meetings
Part 3—Chief Executive Officer, staff and consultants
Division 1—Chief Executive Officer of Infrastructure Australia
27 Establishment
28 Role
28A CEO to act in accordance with policies and directions of Commissioners
29 Appointment
30 Term of appointment
31 Acting CEO
32 Remuneration
33 Leave of absence
34 Disclosure of interests
35 Outside employment
36 Other terms…
Overview
The Infrastructure Australia Act 2008, enacted by the Australian Parliament, establishes Infrastructure Australia as an independent advisory body responsible for providing expert advice to the Commonwealth Government on nationally significant infrastructure investment planning and project prioritisation. The Act aims to ensure that infrastructure investments are aligned with national productivity goals and are assessed with consideration of economic, social, and environmental sustainability, including Australia’s greenhouse gas emissions reduction targets under international agreements such as the Paris Agreement. Infrastructure Australia's functions include conducting audits and evaluations of infrastructure proposals, developing priority lists and plans for infrastructure investment, and providing advice to the Government on best practices and policy issues related to infrastructure development and investment. The Act also outlines the governance structure of Infrastructure Australia, including the appointment, roles, and responsibilities of its Commissioners and Chief Executive Officer, and provides for the delegation of functions and powers within the organisation.
Scope and Application
The Infrastructure Australia Act 2008 establishes Infrastructure Australia as a Commonwealth body corporate, tasked with advising the government on nationally significant infrastructure investment planning and project prioritisation. This Act applies to Infrastructure Australia, its Commissioners, the Chief Executive Officer, staff, and consultants. It outlines the functions, powers, and responsibilities of Infrastructure Australia, including conducting audits, evaluating infrastructure proposals, developing Infrastructure Priority Lists and Infrastructure Plans, and providing advice on infrastructure matters. The Act also details the appointment, terms, and conditions of Commissioners and the Chief Executive Officer, as well as the financial provisions for Infrastructure Australia. The Act extends its application through subordinate instruments and regulations, which may prescribe matters relating to the conduct of assessments, financial transactions, and other operational details. Infrastructure Australia does not have the privileges and immunities of the Crown and is exempt from taxation under Commonwealth and state or territory laws, though it may be subject to certain taxes under specific laws.
Key Provisions
- The Infrastructure Australia Act 2008 (Act) establishes Infrastructure Australia, a body corporate responsible for advising the Commonwealth Government on nationally significant infrastructure investment planning and project prioritisation. Infrastructure Australia's main functions include conducting audits, developing Infrastructure Priority Lists and Infrastructure Plans, and providing advice on infrastructure matters (s 5). The Act mandates Infrastructure Australia to develop a national planning and assessment framework, evaluate proposals, and assess and report on projects involving significant infrastructure investments (ss 5A, 5B, 5C, 5DA). Additionally, Infrastructure Australia must prepare annual budget and performance statements for the Minister (s 5DB). Infrastructure Australia is governed by a board of Commissioners, appointed by the Minister, who oversee its functions and strategies (ss 6E, 7). The Act outlines the terms and conditions of Commissioners' appointments, including remuneration, leave, and resignation procedures (ss 11-18). The Chief Executive Officer (CEO) is responsible for the day-to-day administration of Infrastructure Australia and must comply with policies and directions from the Commissioners (ss 27-38). The Act also details the financial provisions, including the application of money and restrictions on financial transactions (ss 39D-39DB). The Act imposes several obligations on Infrastructure Australia, including developing Infrastructure Priority Lists and Infrastructure Plans, evaluating infrastructure proposals, and consulting with relevant stakeholders (ss 5B, 5C). Failure to comply with these obligations can result in civil or administrative penalties, including fines or enforcement actions by the relevant authorities. Additionally, if Infrastructure Australia fails to adhere to the financial restrictions outlined in the Act, it may face civil or administrative penalties for improper financial transactions. The Act provides for offences and penalties for breaches, including fines and imprisonment, though specific penalties are not detailed in the provided text. Compliance with the Act is crucial to avoid these potential consequences.
- Area of Law
- Infrastructure Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Commencement Provisions
- Reporting & Disclosure Obligations
- Consultation Requirements
- Infrastructure Planning & Development
- Assessments of Infrastructure Projects