PUBLIC WORKS COMMITTEE ACT 1974
No. 48 of 1974
An Act to amend the Public Works Committee Act 1969-1973.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —
Short title and citation.
1. (1) This Act may be cited as the Public Works Committee Act 1974.
(2) The Public Works Committee Act 1969-1973 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Public Works Committee Act 1969-1974.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Reference of public works to the Committee.
3. Section 18 of the Principal Act is amended by inserting after sub-section (8) the following sub-section:—
“(9) The reference in sub-section (8) to the estimated cost of a public work shall be read as a reference to the estimate of cost made at the stage of design development at which all particulars of the work substantially affecting its cost have been determined.”.
Formal amendments.
4. The Principal Act is amended as set out in the Schedule.
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SCHEDULE
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “to this Act” and “of this section” (wherever occurring):—
Sections 5 (definition of “assessor”), 7(7)(b), 8, 19(1), 23(4)(b) and (6), 28, 29, 30, 33(3) and 37(1) and (2).
2. The Principal Act is further amended as set out in the following table:—
Provision | Amendment |
Sub-section 12(1)........... | Omit “the Commonwealth” (wherever occurring), substitute “Australia”. |
Section 16............... | Omit “thirty-first day of December” (wherever occurring), substitute “31 December”. |
Sub-section 23(3)........... | Omit “of this Act”. |
Overview
The Public Works Committee Act 1974 was enacted to amend the Public Works Committee Act 1969-1973, responding to identified gaps in the existing legislative framework governing public works. This Act was passed by the Queen, the Senate, and the House of Representatives of Australia to update and refine the governance of public works projects. The principal objective of this amendment is to ensure that the cost estimates of public works are made at a stage of design development where all significant cost factors have been determined. This legislative amendment reflects a commitment to fiscal responsibility and accuracy in the planning and execution of public works projects, thereby enhancing accountability and transparency within the public sector.
The Public Works Committee Act 1974 includes formal amendments to the Principal Act, making various technical changes to the text to improve clarity and consistency. These amendments involve the removal of redundant phrases and updating certain terminology to align with modern legislative standards. The legislative amendments are detailed in the Schedule, which outlines specific changes to various sections of the Principal Act. This Act aims to streamline the legislative process and ensure that public works projects are managed with greater precision and in accordance with the latest legislative requirements.
Scope and Application
The Public Works Committee Act 1974 applies to the administration and oversight of public works within the Australian jurisdiction. This Act amends the Public Works Committee Act 1969-1973, which is referred to as the Principal Act, and collectively they are cited as the Public Works Committee Act 1969-1974. The legislation primarily concerns the reference of public works to the Public Works Committee, with specific amendments to the estimated cost considerations at the design development stage. The Act applies to entities and individuals involved in the planning, design, and execution of public works, ensuring that all particulars affecting the cost are substantially determined before estimates are made. It operates under the Commonwealth of Australia, affecting projects and entities within its jurisdiction. There are no stated exclusions or exemptions within the text, and the Act comes into operation upon receiving Royal Assent. The scope of the Act can be further extended or restricted through subordinate instruments as deemed necessary.
Key Provisions
The Public Works Committee Act 1974 (sections 1 and 4) amends the Public Works Committee Act 1969-1973, incorporating several changes and clarifications. The main amendment, introduced by section 3, revises sub-section (8) of Section 18 in the Principal Act. It specifies that the reference to the estimated cost of a public work should be interpreted as the estimate made at the design development stage when all details significantly impacting the cost have been established. This amendment aims to ensure that the cost estimations are more accurate and comprehensive by including all relevant factors at a crucial stage of the project.
The Act imposes certain obligations and requirements on the parties involved in public works projects. These obligations include ensuring that the estimated cost of a public work is made at the appropriate stage of design development, as detailed in section 3. Additionally, the formal amendments outlined in section 4 require specific changes to various sections of the Principal Act, such as substituting terms like "the Commonwealth" with "Australia" and replacing "thirty-first day of December" with "31 December". These changes aim to update the terminology and dates within the legislation to reflect current practices and standards.
For breaches of the provisions in the Public Works Committee Act 1974, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences. However, the amendments and clarifications suggest a focus on ensuring accuracy and compliance in the estimation and execution of public works projects. It is likely that any non-compliance or failure to adhere to the specified requirements could result in legal repercussions, though the exact nature of these consequences would be determined by relevant authorities or courts interpreting the Act within the broader legal framework.