Order to Identify the Minister for Communications, Urban Infrastructure, Cities and the Arts as the Minister Responsible for the National Faster Rail Agency

Overview

The Public Service Act 1999 was enacted to provide a framework for the administration of the Commonwealth public service and to ensure that public service entities operate effectively, efficiently and economically. This particular Gazette, dated 18 March 2021, amends an existing Order under the Act to specify the Minister responsible for the National Faster Rail Agency, which was established as an Executive Agency on 29 May 2019. The policy objective of this amendment is to clearly delineate the ministerial responsibility for this agency, thereby enhancing accountability and ensuring that the appropriate minister is tasked with overseeing its operations and strategic direction. This change was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under section 65 of the Public Service Act 1999.

Scope and Application

The Public Service Act 1999, as amended by the Order to Identify the Minister for Communications, Urban Infrastructure, Cities and the Arts as the Minister Responsible for the National Faster Rail Agency, applies to the governance and administration of the National Faster Rail Agency. This particular amendment, effective from 18 March 2021, designates the Minister for Communications, Urban Infrastructure, Cities and the Arts as the responsible minister for this agency, thereby clarifying and formalising the jurisdictional and ministerial oversight of the agency's activities. The scope of this Act is specifically targeted at the operations and functions of the National Faster Rail Agency, ensuring alignment with the broader governmental objectives and policies under the purview of the designated minister. The Act operates within the Commonwealth jurisdiction, thereby influencing federal operations related to faster rail infrastructure projects across Australia. While the Act itself does not explicitly state exclusions or thresholds, its application is inherently limited to the mandates and directives relevant to the National Faster Rail Agency. Subordinate instruments may further extend or define the specific application and operational guidelines of the agency under the purview of the Public Service Act 1999.

Key Provisions

The main sections of the Public Service Act 1999, as amended by the Gazette C2021G00212, involve a modification to the Order that was initially made on 29 May 2019. Specifically, section 65 of the Act is used to amend the Order to establish the National Faster Rail Agency as an Executive Agency (section 2(1)(a)). The amendment involves identifying the Minister for Communications, Urban Infrastructure, Cities and the Arts as the Minister responsible for the National Faster Rail Agency (section 2(1)(d)). This means that the Minister now has the specific responsibility and oversight of the Agency, which was previously not explicitly stated. The obligations and requirements imposed by this Act on the parties and entities it governs are primarily administrative and structural. The Minister for Communications, Urban Infrastructure, Cities and the Arts, as the Minister responsible for the National Faster Rail Agency, is tasked with ensuring that the Agency operates effectively within the parameters of its establishment. This includes oversight of the Agency’s functions, ensuring compliance with any relevant legislative and administrative requirements, and reporting to Parliament as necessary. The Minister must also ensure that the Agency’s operations align with the broader objectives of the government and the public interest. There are no explicit offences, penalties, or civil/criminal consequences stated within the text of the Gazette C2021G00212 for breaches related to the Minister’s responsibilities. However, general public service legislation and administrative laws may apply to the Minister and the National Faster Rail Agency if they fail to meet their obligations. Failure to comply with statutory duties or administrative requirements could potentially lead to disciplinary actions, legal challenges, or other consequences as outlined in broader public service laws. The specifics of any penalties would depend on the nature and severity of the breach, as well as the applicable laws at the time.