Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015

Authorised Version Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of Regional Development Victoria Act 2002 3 3 Heading to Part 1 inserted 3 4 Purpose 3 5 Definitions 3 6 Heading to Part 2 inserted 4 7 Functions and powers of Regional Development Victoria 5 8 Functions, powers and duties of Chief Executive 6 9 Ministerial directions 6 10 New section 10A inserted 6 11 Heading to Part 3 inserted 7 12 Advisory Committee 7 13 Section 12 substituted 7 14 Terms and conditions of appointment of Advisory Committee members 8 15 Meetings of the Advisory Committee 8 16 New Parts 4, 5 and 6 inserted 9 Part 3—Amendment and repeal of other Acts 14 17 Parliamentary Committees Act 2003—as amended by Parliamentary Committees and Inquiries Acts Amendment Act 2015 14 18 Parliamentary Committees Act 2003—if Parliamentary Committees and Inquiries Acts Amendment Bill 2015 is not enacted 14 19 Repeal of Regional Growth Fund Act 2011 15 Part 4—Repeal of amending Act 16 20 Repeal of amending Act 16 ═══════════════ Authorised by the Chief Parliamentary Counsel i -- 1 of 19 -- Section Page Endnotes 17 1 General information 17 ii Authorised by the Chief Parliamentary Counsel -- 2 of 19 -- Authorised Version Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 † No. 18 of 2015 [Assented to 2 June 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Regional Development Victoria Act 2002 to establish— (i) a Regional Jobs and Infrastructure Fund; and Victoria Authorised by the Chief Parliamentary Counsel 1 -- 3 of 19 -- Part 1—Preliminary Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (ii) a Regional Development Advisory Committee; and (b) to repeal the Regional Growth Fund Act 2011; and (c) to make other minor and consequential amendments. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act (other than section 17 or 18) does not come into operation before 14 April 2016, it comes into operation on that day. 2 Authorised by the Chief Parliamentary Counsel -- 4 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 Part 2—Amendment of Regional Development Victoria Act 2002 3 Heading to Part 1 inserted Before section 1 of the Regional Development Victoria Act 2002 insert— "Part 1—Preliminary". 4 Purpose For section 1 of the Regional Development Victoria Act 2002 substitute— "1 Purposes The main purposes of this Act are— (a) to establish Regional Development Victoria to facilitate economic and community development in rural and regional Victoria; and (b) to establish the Regional Development Advisory Committee to advise and assist the Minister in relation to policies, projects and issues related to rural and regional Victoria; and (c) to establish the Regional Jobs and Infrastructure Fund.". 5 Definitions (1) In section 3 of the Regional Development Victoria Act 2002— (a) insert the following definitions— "Council has the meaning given in section 3(1) of the Local Government Act 1989; 3 Authorised by the Chief Parliamentary Counsel -- 5 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 municipal district has the meaning given in section 3(1) of the Local Government Act 1989; Regional Development Advisory Committee means the committee established by section 11; Regional Jobs and Infrastructure Fund means the fund established by section 15;"; (b) for the definition of rural and regional Victoria substitute— "rural and regional Victoria means— (a) the municipal districts of the Councils set out in Column 3 of Schedule 2; and (b) the alpine resorts within the meaning of the Alpine Resorts Act 1983.". (2) At the end of section 3 of the Regional Development Victoria Act 2002 insert— "(2) In this Act a reference to rural and regional Victoria includes any other geographical area prescribed by the regulations, in the circumstances (if any) prescribed by the regulations.". 6 Heading to Part 2 inserted After section 3 of the Regional Development Victoria Act 2002 insert— "Part 2—Regional Development Victoria". 4 Authorised by the Chief Parliamentary Counsel -- 6 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 7 Functions and powers of Regional Development Victoria For section 5(1) of the Regional Development Victoria Act 2002 substitute— "(1) Regional Development Victoria has the following functions— (a) to facilitate new investment in rural and regional Victoria; (b) to facilitate the operation and growth of existing businesses in rural and regional Victoria; (c) to facilitate the creation of jobs within the private and public sectors in rural and regional Victoria; (d) to propose infrastructure development opportunities in rural and regional Victoria; (e) to facilitate the coordinated delivery of government programs, services and resources in rural and regional Victoria; (f) to facilitate consultation between the public and private sectors and communities about economic and community development in rural and regional Victoria; (g) to administer money paid out of the Regional Jobs and Infrastructure Fund in accordance with Part 4; (h) to promote rural and regional Victoria as a place to invest, work and live in; (i) to report to the Minister about the state of rural and regional Victoria having regard to economic, social and environmental factors; 5 Authorised by the Chief Parliamentary Counsel -- 7 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (j) to advise the Minister generally about matters relating to development in rural and regional Victoria and about any particular matters referred to Regional Development Victoria by the Minister; (k) any other function that the Minister directs it in writing to perform; (l) any other function under this or any other Act.". 8 Functions, powers and duties of Chief Executive (1) In section 7(3) of the Regional Development Victoria Act 2002, for "the Schedule" substitute "Schedule 1 or 2". (2) In section 7(4) of the Regional Development Victoria Act 2002, for "Department of State Development, Business and Innovation" substitute "Department of Economic Development, Jobs, Transport and Resources". 9 Ministerial directions In section 10(2) of the Regional Development Victoria Act 2002, for "the Schedule" substitute "Schedule 1 or 2". 10 New section 10A inserted After section 10 of the Regional Development Victoria Act 2002 insert— "10A Reporting (1) Regional Development Victoria must, within 3 months after the end of a financial year, submit a report to the Minister relating to the operation and performance of Regional Development Victoria during that financial year as if the report were an annual report of operations under Part 7 of the Financial Management Act 1994. 6 Authorised by the Chief Parliamentary Counsel -- 8 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (2) The Minister must cause the report to be laid before each House of the Parliament— (a) on or before 31 October; or (b) if a House is not sitting during that period, on the first sitting day of that House after 31 October.". 11 Heading to Part 3 inserted Before section 11 of the Regional Development Victoria Act 2002 insert— "Part 3—Regional Development Advisory Committee". 12 Advisory Committee (1) For the heading to section 11 of the Regional Development Victoria Act 2002 substitute— "Establishment". (2) In section 11(1) and (2) of the Regional Development Victoria Act 2002, for "Regional Policy Advisory Committee" substitute "Regional Development Advisory Committee". 13 Section 12 substituted For section 12 of the Regional Development Victoria Act 2002 substitute— "12 Functions (1) The Regional Development Advisory Committee has the following functions— (a) to advise the Minister on policies, projects and issues related to rural and regional Victoria; (b) to undertake research in relation to rural and regional Victoria; 7 Authorised by the Chief Parliamentary Counsel -- 9 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (c) to consult with persons who are stakeholders in relation to the development of rural and regional Victoria; (d) to undertake other activities related to rural and regional Victoria as directed by the Minister. (2) The Regional Development Advisory Committee is to exercise the functions set out in subsection (1)(a), (b) and (c) only— (a) as directed by the Minister; or (b) with the Minister's approval.". 14 Terms and conditions of appointment of Advisory Committee members (1) For the heading to section 13 of the Regional Development Victoria Act 2002 substitute— "Terms and conditions of appointment". (2) In section 13(1) of the Regional Development Victoria Act 2002, for "Regional Policy Advisory Committee" substitute "Regional Development Advisory Committee". 15 Meetings of the Advisory Committee (1) For the heading to section 14 of the Regional Development Victoria Act 2002 substitute— "Meetings". (2) In section 14(1) of the Regional Development Victoria Act 2002, for "Regional Policy Advisory Committee" substitute "Regional Development Advisory Committee". 8 Authorised by the Chief Parliamentary Counsel -- 10 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 16 New Parts 4, 5 and 6 inserted For section 15 of the Regional Development Victoria Act 2002 substitute— "Part 4—Regional Jobs and Infrastructure Fund 15 Regional Jobs and Infrastructure Fund There is established in the Public Account as part of the Trust Fund an account to be known as the Regional Jobs and Infrastructure Fund. 16 Payments into Fund There must be paid into the Regional Jobs and Infrastructure Fund— (a) all money that is appropriated by Parliament for the purposes of the Fund; and (b) all money that is received from the investment of money in the Fund; and (c) money received from any other source for the purposes of the Fund. 17 Payments from Fund (1) There must be paid from the Regional Jobs and Infrastructure Fund amounts to be used for the following purposes— (a) to provide for better infrastructure, facilities and services in rural and regional Victoria; (b) to strengthen the economic, social and environmental bases of communities in rural and regional Victoria; 9 Authorised by the Chief Parliamentary Counsel -- 11 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (c) to create jobs and improve career opportunities in rural and regional Victoria; (d) to support the development and planning of local projects in rural and regional Victoria; (e) for projects, determined by the Minister, to support the economic or community development of rural and regional Victoria. (2) A payment made for a purpose set out in subsection (1) must not be made without the authorisation of— (a) if the payment is for less than $5 000 000, the Minister; or (b) otherwise, the Minister and the Treasurer. (3) There must be paid from the Regional Jobs and Infrastructure Fund amounts authorised by the Minister for the payment of costs and expenses incurred in— (a) administering Part 3 and this Part; and (b) monitoring and reporting on the financial operations and financial position of the Fund. 18 Delegation of power to authorise payments The Minister, by instrument, may delegate the Minister's power to authorise payments under section 17 to— (a) the Chief Executive; or (b) a person employed under Part 3 of the Public Administration Act 2004. 10 Authorised by the Chief Parliamentary Counsel -- 12 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 Part 5—General 19 Regulations The Governor in Council may make regulations for or with respect to— (a) prescribing geographical areas to be included in rural and regional Victoria for the purposes of this Act and the circumstances (if any) in which the prescribed geographical areas are to be included in rural and regional Victoria for the purposes of this Act; and (b) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. Part 6—Transitional Provisions 20 Transitional provision—Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 (1) On the commencement day— (a) the Regional Growth Fund is abolished; and (b) all money standing to the credit of the Regional Growth Fund immediately before the commencement day becomes part of the Regional Jobs and Infrastructure Fund; and (c) all property, rights and liabilities of the Regional Growth Fund immediately before the commencement day become property, rights and liabilities of the Regional Jobs and Infrastructure Fund. 11 Authorised by the Chief Parliamentary Counsel -- 13 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (2) A reference to the Regional Growth Fund in any Act, subordinate instrument, agreement or other document is taken to be a reference to the Regional Jobs and Infrastructure Fund to the extent that the reference relates to any matter on or after the commencement day unless the contrary intention appears. (3) No duty or other tax is chargeable under any Act in respect of anything done by this section or in respect of any act or transaction connected with or necessary to be done because of this section, including a transaction entered into or an instrument made, executed, lodged or given, for the purposes of, or connected with, the transfer of property to or from the Regional Jobs and Infrastructure Fund. (4) Despite the repeal of the Regional Growth Fund Act 2011, on and after the commencement day any agreement for the payment of an amount from the Regional Growth Fund is taken to be an agreement for the payment of an amount from the Regional Jobs and Infrastructure Fund to the extent that the agreement relates to any matter on or after the commencement day unless the contrary intention appears. (5) Despite the repeal of the Regional Growth Fund Act 2011, on and after the commencement day any authorisation given by the Minister or the Treasurer under section 5(2) of that Act before the commencement day— (a) continues to have effect; and 12 Authorised by the Chief Parliamentary Counsel -- 14 of 19 -- Part 2—Amendment of Regional Development Victoria Act 2002 Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (b) to the extent that it relates to any matter on or after the commencement day, is taken to be an authorisation under section 17(2) of this Act for the payment of an amount out of the Regional Jobs and Infrastructure Fund. (6) Nothing effected by this section is to be regarded as— (a) placing a person in breach of a contract; or (b) constituting a default under a provision of a contract. (7) In this section— commencement day means the day on which section 16 of the Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 comes into operation; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; Regional Growth Fund means the Fund within the meaning of the Regional Growth Fund Act 2011 as in force immediately before its repeal; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.". 13 Authorised by the Chief Parliamentary Counsel -- 15 of 19 -- Part 3—Amendment and repeal of other Acts Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 Part 3—Amendment and repeal of other Acts 17 Parliamentary Committees Act 2003—as amended by Parliamentary Committees and Inquiries Acts Amendment Act 2015 (1) In section 3 of the Parliamentary Committees Act 2003, for the definition of regional Victoria substitute— "rural and regional Victoria has the meaning given in section 3(1) of the Regional Development Victoria Act 2002 and includes any other geographical area prescribed by regulations referred to in section 3(2) of that Act in the circumstances (if any) prescribed by those regulations;". (2) In section 8(2) of the Parliamentary Committees Act 2003, in the definition of urban regions, for "regional Victoria" substitute "rural and regional Victoria". (3) In section 10(d) and (e) of the Parliamentary Committees Act 2003, for "regional Victoria" substitute "rural and regional Victoria". 18 Parliamentary Committees Act 2003—if Parliamentary Committees and Inquiries Acts Amendment Bill 2015 is not enacted (1) In section 8(2) of the Parliamentary Committees Act 2003, for "regional Victoria" substitute "rural and regional Victoria". (2) In section 16(1)(a) and (b) of the Parliamentary Committees Act 2003, for "regional Victoria" substitute "rural and regional Victoria". 14 Authorised by the Chief Parliamentary Counsel -- 16 of 19 -- Part 3—Amendment and repeal of other Acts Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 (3) In section 16(2) of the Parliamentary Committees Act 2003, for the definition of regional Victoria substitute— "rural and regional Victoria has the meaning given in section 3(1) of the Regional Development Victoria Act 2002 and includes any other geographical area prescribed by regulations referred to in section 3(2) of that Act in the circumstances (if any) prescribed by those regulations;". 19 Repeal of Regional Growth Fund Act 2011 The Regional Growth Fund Act 2011 is repealed. 15 Authorised by the Chief Parliamentary Counsel -- 17 of 19 -- Part 4—Repeal of amending Act Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 Part 4—Repeal of amending Act 20 Repeal of amending Act This Act is repealed on 14 April 2017. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ 16 Authorised by the Chief Parliamentary Counsel -- 18 of 19 -- Endnotes Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 No. 18 of 2015 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 15 April 2015 Legislative Council: 7 May 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Regional Development Victoria Act 2002 to establish a Regional Jobs and Infrastructure Fund and to establish a Regional Development Advisory Committee and to repeal the Regional Growth Fund Act 2011 and for other purposes." 17 Authorised by the Chief Parliamentary Counsel -- 19 of 19 --