Order to Identify the Minister for Population, Cities and Urban Infrastructure as the Minister Responsible for the Infrastructure and Project Financing Agency

Overview

The Public Service Act 1999 was enacted to ensure the effective and efficient delivery of public services in Australia. This Act provides the legislative framework for the management of the Australian Public Service and includes provisions for the establishment and operation of executive agencies, such as the Infrastructure and Project Financing Agency. In August 2019, the Governor-General, acting on advice from the Federal Executive Council and under section 65 of the Public Service Act 1999, amended the Order that established the Infrastructure and Project Financing Agency. The amendment identified the Minister for Population, Cities and Urban Infrastructure as the responsible Minister for the Agency, ensuring clear accountability and alignment with the government's policy objectives for urban and infrastructure development.

Scope and Application

The Public Service Act 1999, under which the amendment is made, governs the administration and management of the Australian Public Service, providing the legislative framework for the establishment and operation of executive agencies such as the Infrastructure and Project Financing Agency. This amendment specifically concerns the identification of the Minister for Population, Cities and Urban Infrastructure as the Minister responsible for the Infrastructure and Project Financing Agency, thereby clarifying the ministerial oversight and accountability for the agency's operations and functions. The amendment is applicable to the Commonwealth level, impacting the structure and governance of the Australian Public Service directly. As with all executive actions under the Public Service Act 1999, this change is intended to ensure efficient and effective administration within the federal government. The amendment does not explicitly state any exclusions or exemptions, suggesting that the provision applies broadly to the designated Minister and the agency in question, unless otherwise specified by further legislative or administrative instruments.

Key Provisions

The Public Service Act 1999 has been amended to change the responsible minister for the Infrastructure and Project Financing Agency, a move formalised in a Gazette notice dated 8 August 2019. Under section 65 of the Act, the Order establishing the Infrastructure and Project Financing Agency, originally made on 13 April 2017 and subsequently amended on 20 December 2017, has been updated to identify the Minister for Population, Cities and Urban Infrastructure as the minister responsible for the Agency (section 65). This change clarifies the chain of accountability and oversight for the Agency, ensuring that the relevant minister is directly responsible for its operations and policies. The obligations imposed by this amendment are primarily administrative and accountability-focused. The Minister for Population, Cities and Urban Infrastructure will now be responsible for the strategic direction, policy development, and overall governance of the Infrastructure and Project Financing Agency. This includes ensuring that the Agency operates within its legislative mandate, adheres to financial and operational guidelines, and meets the objectives set by the government. The minister’s role encompasses oversight of the Agency’s activities, including budget approvals, performance reporting, and compliance with relevant laws and regulations. Breaches of the duties and obligations outlined in the Public Service Act 1999 can lead to various consequences. While the specific provisions for offences and penalties are not detailed in the Gazette notice, the general framework of the Act provides for both civil and criminal penalties for non-compliance. For civil penalties, the Act allows for fines and other monetary penalties, while criminal offences can result in imprisonment, reflecting the seriousness of failing to adhere to the statutory requirements. The exact penalties would be determined by the courts based on the nature and severity of the breach. In summary, the amendment to the Order under the Public Service Act 1999 clarifies the accountability framework for the Infrastructure and Project Financing Agency by designating the Minister for Population, Cities and Urban Infrastructure as the responsible minister. This change ensures that the Agency operates under clear ministerial oversight, aligning with the Act’s broader objectives of effective public service management. The consequences for non-compliance are significant, with potential penalties ranging from fines to imprisonment, depending on the nature of the breach.