Northern Australia Infrastructure Facility Amendment Act 2026

Northern Australia Infrastructure Facility Amendment Act 2026

No. 60, 2026

An Act to amend the Northern Australia Infrastructure Facility Act 2016, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Northern Australia Infrastructure Facility Act 2016

Northern Australia Infrastructure Facility Amendment Act 2026

No. 60, 2026

An Act to amend the Northern Australia Infrastructure Facility Act 2016, and for related purposes

[Assented to 30 June 2026]

The Parliament of Australia enacts:

1  Short title

  This Act is the Northern Australia Infrastructure Facility Amendment Act 2026.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Northern Australia Infrastructure Facility Act 2016

1  Section 8

Omit “30 June 2026” (wherever occurring), substitute “30 June 2036”.

2  After subsection 9(2)

Insert:

Compliance with Investment Mandate

3  After subsection 9(3)

Insert:

 (3A) As soon as practicable after the Board becomes aware that the Facility or one of its subsidiaries has failed to comply with the Investment Mandate, the Board must give the responsible Ministers a written statement:

 (a) informing the responsible Ministers; and

 (b) setting out the action that the Facility proposes to take in order to ensure that the Facility or subsidiary complies with the Investment Mandate.

 (3B) If the responsible Ministers are satisfied that the Facility or one of its subsidiaries has failed to comply with the Investment Mandate, the responsible Ministers may (whether or not the Board has given the responsible Ministers a statement under subsection (3A)), by written notice given to the Board, direct the Board:

 (a) to give the responsible Ministers, within a period specified in the notice, a written explanation; and

 (b) to take action specified in the notice, within a period specified in the notice, in order to ensure that the Facility or subsidiary complies with the Investment Mandate.

 (3C) The Board must comply with a direction under subsection (3B).

 (3D) A failure to comply with:

 (a) the Investment Mandate; or

 (b) a direction under subsection (3B);

does not affect the validity of any transaction.

 (3E) A direction under subsection (3B) is not a legislative instrument.

4  Sections 15 and 16

Omit “Minister”, substitute “responsible Ministers”.

5  Subsection 17(4)

Omit “Minister”, substitute “responsible Ministers”.

6  Subsection 18(1)

Omit all the words after “appointed member,”, substitute “the responsible Ministers may grant leave of absence to the Chair on the terms and conditions that the responsible Ministers determine”.

7  Section 19

Omit “Minister”, substitute “responsible Ministers”.

8  Section 20

Omit “Minister” (wherever occurring), substitute “responsible Ministers”.

9  Subsection 21(1)

Omit “Minister may”, substitute “responsible Ministers may”.

10  Paragraphs 21(1)(c) and (d)

Omit “Minister is”, substitute “responsible Ministers are”.

11  Subsections 21(2) and (3)

Omit “Minister”, substitute “responsible Ministers”.

12  Subsection 22(2)

Omit “Minister”, substitute “responsible Ministers”.

13  Section 43

Repeal the section, substitute:

43  Reviews of operation of Act

 (1) The Minister must cause a review of the operation of this Act to commence as soon as practicable after:

 (a) 30 June 2029; and

 (b) 30 June 2034.

 (2) Without limiting subsection (1), the review mentioned in paragraph (1)(b) must consider:

 (a) whether the time limit of 30 June 2036 set out in section 8 for making decisions to provide financial assistance should be extended; and

 (b) the appropriate governance arrangements for the Facility after that date.

 (3) The persons undertaking a review must give the Minister a written report of the review.

 (4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

14  Application—validity of transactions

Subsections 9(3B) to 9(3E) of the Northern Australia Infrastructure Facility Act 2016, as inserted by this Schedule, apply in relation to a transaction made before, on or after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 4 March 2026

Senate on 12 March 2026]