1Short title
This Act may be cited as the AustralAsia Railway Corporation
Act 1996.
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This Act may be cited as the AustralAsia Railway Corporation
Act 1996.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
In this Act, unless the contrary intention appears:
Chairperson means the Chairperson of the Corporation.
Concession Deed means the Concession Deed in respect of the construction, operation and maintenance of the Railway entered into by South Australia, the Territory, the Corporation and the successful consortium as amended and in force from time to time.
Corporation means The AustralAsia Railway Corporation established by section 4.
corridor means the land leased by the Territory or another person to the Corporation for the construction, operation and maintenance of the railway from Tarcoola in South Australia to Darwin in the Territory.
member means a member of the Corporation and includes a person appointed under section 10 to act as a member, while the person is so acting.
Project means the construction of the Alice Springs to
Darwin section of the Railway and the operation and maintenance of the Railway.
Railway means the railway from Tarcoola to Darwin and associated facilities, plant and equipment, rolling stock and all other assets required for the operation of the Railway and includes the rights to use the corridor.
South Australian Minister means the Minister of State of South Australia to whom the Alice Springs to Darwin Railway Act 1997 of that State is committed.
There is established The AustralAsia Railway Corporation.
The Corporation:
is a body corporate with perpetual succession;
has a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property and of suing and being sued.
(3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Corporation affixed to a document and are to assume that it was duly affixed.
(4) For the purposes of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006, the Corporation shall be deemed to have been established for a public purpose.
The Corporation consists of:
the Chief Executive Officer;
(b) 2 persons appointed by the Minister who, in the opinion of the Minister, are persons suitable to represent the interests of the Territory;
(c) 2 persons appointed by the Minister nominated by the South Australian Minister who, in the opinion of the South Australian Minister, are persons suitable to represent the interests of South Australia; and
(d) where the Minister and the South Australian Minister agree, not more than 4 other persons appointed by the Minister.
(2) The exercise of a power or the performance of a function by the Corporation is not affected by reason only of there being a vacancy in the membership of the Corporation.
Subject to this Act, a member appointed under section 5 holds office for the period, not exceeding 5 years, specified in his or her appointment, but is eligible for re-appointment.
The Minister is to appoint a member (other than the Chief Executive
Officer) to be the Chairperson of the Corporation.
A member may resign office by writing signed by him or her and delivered to the Minister.
(1) The Minister may terminate the appointment of a member (other than the Chief Executive Officer) for inability, inefficiency, misbehaviour or physical or mental incapacity.
If a member:
(a) is absent, except by leave of the Corporation, from 3 consecutive meetings of the Corporation; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,
the Minister is to terminate the appointment of the member.
(3) The Minister may only terminate the appointment of a member appointed on the recommendation of the South Australian Minister when the South Australian Minister requests that the member's appointment be terminated and the Minister must terminate the appointment on receiving the request.
Where a member is or is expected to be absent from duty, the
Minister may appoint a person to act in the place of the member during the absence.
The Minister may, at any time, terminate an appointment made under subsection (1).
The Minister may only appoint a person to act in the place of a member appointed on the recommendation of the South Australian
Minister on the recommendation of that Minister.
The validity of a decision of the Corporation is not to be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person under subsection (1) had not arisen or that an appointment under that subsection had ceased to have effect.
(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Corporation otherwise than as a member of, and in common with the other members of, a corporation consisting of not less than 25 persons and of which he or she is not a director is, as soon as possible after the relevant facts have come to the member's knowledge, to disclose the nature of his or her interest at a meeting of the Corporation.
(2) A disclosure under subsection (1) is to be recorded in the minutes of the Corporation and, unless the Corporation otherwise determines, the member:
(a) is not, while he or she has that interest, to take part after the disclosure in any deliberation or decision of; and
is to be disregarded for the purpose of constituting a quorum of,
the Corporation in relation to the matter.
(3) For the purpose of making a determination under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is not:
(a) to be present during the deliberations of the Corporation for the purpose of making the determination; or
(b) to take part in the making by the Corporation of the determination.
(1) The Chairperson is to call meetings of the Corporation as and when necessary for the exercise of its powers and the performance of its functions.
(2) The Minister may, at any time, direct the Chairperson to convene a meeting of the Corporation and the Chairperson is to convene a meeting in accordance with the direction.
At a meeting of the Corporation:
(a) the Chairperson, if present, is to preside but in the absence of the Chairperson the members present are to elect one of their number to act as Chairperson and that person may exercise the powers and perform the functions of the Chairperson for the meeting;
(b) questions arising are to be determined by a majority of the votes of the members present and voting and, in the event of an equality of votes, the Chairperson or member presiding at the meeting has, in addition to his or her deliberative vote, a casting vote; and
(c) subject to this Act, the Corporation is to determine the procedure to be followed at or in connection with the meeting.
At a meeting of the Corporation:
(a) one member appointed under section 5(1)(b) and one member appointed under section 5(1)(c) are to be present; and
(b) one more than half of the members then holding office constitute a quorum.
The Corporation is to cause records of its meetings to be kept.
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