Infrastructure Sa Act 2018

This Act may be cited as the Infrastructure SA

Act 2018.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, unless the contrary intention appears—

appointed member of the board means a member appointed by the Governor under section 10;

board means the board of directors established as the governing body of Infrastructure SA under

Part 2Division 2;

director means a person appointed or holding office as a member of the board under

Part 2Division 2;

Infrastructure SA means the body corporate established under

Part 2Division 1;

major infrastructure project means—

a project to provide infrastructure that has a capital investment value of $50 million or more or, if some other amount (whether greater or smaller) is prescribed by regulation for the purposes of this definition, that other amount; or

a project, or a project of a class, to provide infrastructure that is determined by the Minister to be a project, or project of a class, requiring oversight or coordination by Infrastructure SA;

private sector includes the not‑for‑profit sector;

public sector agency has the same meaning as in the Public Sector

Act 2009.

For the purposes of this Act, capital investment value of a project includes all costs necessary to establish the project (including design, construction and land costs but not including

GST).

Infrastructure SA is established.

Infrastructure SA—

is a body corporate; and

has perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name.

The objects of Infrastructure SA are—

to promote such efficient, effective and timely coordination, planning, prioritisation, delivery and operation of infrastructure as is necessary for the economic, social or environmental benefit of the State;

and

to promote the adoption and use of policies, practices, information and analysis to support sound decision‑making in relation to infrastructure.

Infrastructure SA has the following functions to further its objects:

to provide the Minister with strategies, statements and plans in accordance with Part 3;

to review and evaluate proposals for major infrastructure projects by public sector agencies;

to assess the risks involved in planning, funding, delivering and managing infrastructure, and the management of those risks;

to monitor the delivery of—

major infrastructure projects and other infrastructure projects identified in strategies, statements or plans adopted by the Minister under

Part 3; and

any other infrastructure project at the request of the

Minister;

to carry out reviews of—

completed major infrastructure projects; and

any other completed infrastructure project at the request of the

Minister;

to provide advice to the Minister—

in respect of infrastructure submissions that may be made by the

State and its agencies to the Commonwealth Government and other bodies;

and

on appropriate funding and financing models for infrastructure;

and

on economic or regulatory impediments to—

the efficient delivery of particular infrastructure projects or infrastructure projects of a particular class; or

the efficient use of infrastructure; and

on any other matter relating to infrastructure referred by the

Minister;

to administer this Act;

to perform any other function conferred on Infrastructure SA under this or any other Act;

to do anything incidental to any of the preceding functions.

Infrastructure SA has all the powers of a natural person and, in particular, may—

enter into any form of contract or arrangement; and

engage experts and consultants; and

acquire, hold, deal with or dispose of real or personal property;

and

establish and operate ADI accounts and invest money;

and

do anything necessary or convenient to be done in the exercise of its functions.

The Minister must, after consultation with Infrastructure SA, prepare a statement setting out the Minister's expectations in relation to the operations and performance of Infrastructure SA.

The Minister may, after consultation with Infrastructure SA, review and amend the statement at any time.

Except as provided under this or any other Act,

Infrastructure SA is not subject to Ministerial direction in the exercise of its functions or powers.

Infrastructure SA may publish statements, reports and guidelines relating to the performance of its functions.

A board of directors is established as the governing body of

Infrastructure SA.

The board is to consist of—

4 members appointed by the Governor on the nomination of the

Minister; and

the Chief Executives ex officio—

of the Department of the Premier and Cabinet; and

of the Department of Treasury and Finance; and

of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the

Planning, Development and Infrastructure

Act 2016.

The Minister must, when nominating persons for appointment to the board, seek to ensure that, as far as is practicable, the members of the board collectively have qualifications, knowledge, expertise and experience in infrastructure planning, funding, delivery, management and other relevant areas of expertise.

The Minister may appoint 1 of the appointed members to chair meetings of the board.

The Minister may appoint another of the appointed members to be the deputy of the director appointed to chair the board and the deputy may perform or exercise the functions and powers of that director in that director's absence.

On the office of an appointed member of the board becoming vacant, a person may be appointed in accordance with this section to the vacant office.

An appointed member of the board is appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

The Governor may, on the recommendation of the Minister, remove an appointed member of the board from office—

for breach of, or non‑compliance with, a condition of appointment; or

for misconduct; or

for failure or incapacity to carry out official duties satisfactorily.

The office of an appointed member of the board becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is convicted of an indictable offence or is sentenced to imprisonment for an offence; or

becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

is removed from office under subsection (2).

An appointed member of the board is entitled to remuneration, allowances and expenses determined by the Governor.