1Short title
This Act is the High Speed Rail Authority Act 2022.
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Bill homepage (APH)This Act is the High Speed Rail Authority Act 2022.
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.
Commencement information | ||
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Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 12 June 2023 |
This table relates only to the provisions of this Act as originally enacted.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.
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.
There is to be a High Speed Rail Authority.
The Authority has functions in relation to the high speed rail network and the high speed rail corridor. The Authority also has functions in relation to a faster rail network and additional corridors for that network.
The Authority must perform its functions in accordance with directions given by the Minister.
There is to be a Board of the Authority and a Chief Executive Officer of the Authority.
The Authority can engage staff and consultants.
This Act also deals with miscellaneous matters, including reviewing the operation of the Act and the power to make rules.
In this Act:
Authority means the High Speed Rail Authority.
Board means the Board of the Authority.
Board member means a member of the Board and includes the Chair.
CEO means the Chief Executive Officer of the Authority.
Chair means the Chair of the Board.
faster rail network means a network of railways in Australia that are not capable of supporting high speed trains.
high speed rail corridor means the area through which the high speed rail network will run.
high speed rail network means a network of railways that:
are capable, in whole or in part, of supporting high speed trains; and
connect:
Sydney, Melbourne, Brisbane and Canberra; and
some regional centres on the east coast of Australia or in New South Wales, Victoria or Queensland.
high speed train means a vehicle that:
is designed to transport passengers or goods and operates on a railway (including a vehicle that does not have wheels); and
is capable of travelling at speeds exceeding 250 km/hr.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
rules means rules made under section 50.
This Act binds the Crown in each of its capacities.
There is to be a High Speed Rail Authority.
The Authority’s main functions are the following:
developing policy and planning, consulting relevant parties, giving advice and recommendations and undertaking evaluations and research in relation to the high speed rail network, the high speed rail corridor, a faster rail network and additional rail corridors for a faster rail network;
constructing or extending a railway in a State for the high speed rail network or a faster rail network, with the State’s consent;
constructing or extending a railway in a Territory for the high speed rail network or a faster rail network, with the Territory’s consent.
The Minister can give general directions to the Authority about the performance of the Authority’s functions.
The High Speed Rail Authority is established by this section.
The Authority:
is a body corporate; and
must have a seal; and
may acquire, hold and dispose of real and personal property; and
may sue and be sued.
The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
The Authority’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.
The Authority has the following functions:
to:
lead and coordinate policy development and planning; and
consult, liaise and negotiate with States and Territories and other relevant parties; and
provide advice and recommendations to the Minister and other relevant parties (including advice and recommendations on environmental matters and interconnectedness); and
undertake evaluations and research and gather information;
in relation to the high speed rail network, the high speed rail corridor, a faster rail network and additional rail corridors for a faster rail network;
if the Commonwealth obtains a State’s consent, in accordance with paragraph 51(xxxiv) of the Constitution, to the construction or extension of a railway in the State for the high speed rail network or a faster rail network—to construct or extend the railway in the State for that network;
if the Commonwealth obtains a Territory’s consent to the construction or extension of a railway in the Territory for the high speed rail network or a faster rail network—to construct or extend the railway in the Territory for that network;
any other functions conferred on the Authority by this Act or any other Commonwealth law;
any other functions that are prescribed by rules made for the purposes of this paragraph;
to do anything incidental to, or conducive to, the performance of the above functions.
Planning by the Authority may include transport and land use planning.
Rules made for the purposes of paragraph (1)(e) must specify the legislative power or powers of the Parliament in respect of each function of the Authority that is prescribed.
The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
The Authority’s powers include, but are not limited to, the power to enter into contracts and agreements.
The Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.
The Minister may, by legislative instrument, give written directions to the Authority about the performance of its functions.
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
A direction under subsection (1) must be of a general nature only.
The Authority must comply with a direction under subsection (1).
There is to be a Board of the Authority.
The Board’s main functions are:
to decide, within the scope of any directions given to the Authority, the strategies and policies to be followed by the Authority; and
to ensure the proper, efficient and effective performance of the Authority’s functions.
The Minister appoints Board members, including the Chair.
The Board is to hold meetings, as necessary, for the performance of its functions.
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