Northern Australia Infrastructure Facility Act 2016

The Facility must not provide financial assistance:

before the end of the Minister’s consideration period, unless the Minister has notified the Facility under subsection (3A) in relation to the financial assistance; or

if the Minister has notified the Facility in writing that the financial assistance should not be provided.

If the Facility proposes to provide financial assistance, the Facility must give the Minister written notice of the proposal (the proposal notice).

The Minister’s consideration period is:

unless paragraph (b) applies—the period that ends 21 days after the proposal notice is given; or

if, within that period of 21 days, or that period as extended, the Minister requires by written notice given to the Facility an extension of that period—that extended period, which must end not later than 60 days after the proposal notice is given.

At any time during the Minister’s consideration period, the Minister may notify the Facility in writing that the Minister does not intend to exercise the Minister’s power under subsection (4) in relation to the financial assistance.

If the Minister has not notified the Facility under subsection (3A) in relation to the financial assistance, the Minister may, at any time during the Minister’s consideration period, notify the Facility in writing (the rejection notice) that the financial assistance should not be provided.

However, the Minister may give the rejection notice only if the Minister is satisfied that providing the financial assistance would:

be inconsistent with the objectives and policies of the Commonwealth Government; or

have adverse implications for Australia’s national or domestic security; or

have an adverse impact on Australia’s international reputation or foreign relations.