EXPLANATORY STATEMENT
Issued by Authority of the Minister for Infrastructure and Regional Development
Subject - Infrastructure Australia Amendment Act 2014
Infrastructure Australia Amendment Commencement Proclamation 2014
Subsection 2(1) of the Infrastructure Australia Amendment Act 2014 (the Amendment Act) provided that Schedule 1 to the Amendment Act commenced on a date fixed by proclamation and that Parts 2 to 4 and 6 to 8 of Schedule 2 commenced at the same time. However, if any of the provisions of Schedule 1 and Schedule 2 (Parts 2 to 4 and 6 to 8) did not commence within six months of the date the Amendment Act received the Royal Assent, then those provisions were to commence on the first day after the end of that six month period. The Act received the Royal Assent on 17 July 2014.
The Proclamation fixed 1 September 2014 as the day on which Schedule 1 and Parts 2 to 4 and 6 to 8 of Schedule 2 to the Amendment Act commenced.
The Amendment Act amends the Infrastructure Australia Act 2008, strengthening the role of Infrastructure Australia as an independent expert advisory body through a change in its governance structure and through better clarification of its functions. All the provisions of the Amendment Act, other than Schedule 1 and Parts 2 to 4 and 6 to 8 of Schedule 2, commenced on 17 July 2014.
Schedule 1 to the Amendment Act changed Infrastructure Australia’s governance structure and provided better clarity of its functions. It established Infrastructure Australia as a separate entity to the Commonwealth under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) that is governed by a Board and managed by a Chief Executive Officer. This had the effect of abolishing the current Advisory Council and the position of Infrastructure Coordinator. Schedule 1 also provided for consequential amendments to the Income Tax Assessment Act 1997.
Schedule 2 (Parts 2 to 4 and 6 to 8) provided for the necessary transition arrangements required to establish Infrastructure Australia as a new entity under the PGPA Act and for such other matters that relate to the financial, regulatory and administrative functions applicable at its commencement.
The proposed commencement date allowed sufficient time to establish the new governance arrangements required for the new entity.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Minute recommended that the Proclamation be made in the form proposed.
Authority: Subsection 2(1) of the
Infrastructure Australia Amendment Act 2014