Regional Growth Fund Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Regional Growth Fund Act 2011 No. 8 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 PART 2—REGIONAL GROWTH FUND ESTABLISHED 3 4 Regional Growth Fund 3 5 Application of the Fund 3 6 Delegation 4 PART 3—GENERAL 6 7 Regulations 6 PART 4—REPEAL OF ACT AND TRANSITIONAL PROVISIONS 7 Division 1—Repeal of Regional Infrastructure Development Fund Act 1999 7 8 Repeal of the Regional Infrastructure Development Fund Act 1999 7 Division 2—Transitional Provisions 7 9 Transitional provisions 7 PART 5—AMENDMENTS TO THE REGIONAL DEVELOPMENT VICTORIA ACT 2002 10 Division 1—Regional Policy Advisory Committee 10 10 Sections 11, 12, 13 and 14 substituted 10 11 Regional Policy Advisory Committee 10 12 Functions of Regional Policy Advisory Committee 11 13 Terms and conditions of appointment of Regional Policy Advisory Committee members 12 14 Meetings of the Regional Policy Advisory Committee 12 -- 1 of 21 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 2—Consequential and other amendments 13 11 Definitions 13 12 Functions and powers of Regional Development Victoria 13 13 Functions, powers and duties of Chief Executive 13 14 New Schedule 2 inserted 14 SCHEDULE 2—Regions 14 Division 3—Repeal of Part 5 16 15 Repeal of Part 5 16 PART 6—AMENDMENT TO THE PARLIAMENTARY COMMITTEES ACT 2003 17 16 Amendment of the Parliamentary Committees Act 2003 17 17 Repeal of Part 6 17 __________________ SCHEDULE 1—Municipal Councils in Regional Victoria 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Regional Growth Fund Act 2011 † No. 8 of 2011 [Assented to 12 April 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to establish in the Public Account as part of the Trust Fund an account to be known as the Regional Growth Fund and to provide for that Fund; (b) to repeal the Regional Infrastructure Development Fund Act 1999; Victoria -- 3 of 21 -- Part 1—Preliminary Regional Growth Fund Act 2011 No. 8 of 2011 2 Authorised by the Chief Parliamentary Counsel (c) to amend the Regional Development Victoria Act 2002— (i) to abolish the Regional Development Advisory Committee; (ii) to establish a Regional Policy Advisory Committee; (iii) to make other amendments; (d) to make a consequential amendment to the Parliamentary Committees Act 2003. 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 does not come into operation before 1 May 2012, it comes into operation on that day. 3 Definitions (1) In this Act— Fund means the Regional Growth Fund; regional Victoria means— (a) the municipal districts of the municipal councils set out in Schedule 1; and (b) the alpine resorts within the meaning of the Alpine Resorts Act 1983; Secretary means the Secretary to the Department of Planning and Community Development. (2) In this Act a reference to regional Victoria includes any other geographical area prescribed by the regulations, in the circumstances (if any) prescribed by the regulations. __________________ s. 2 -- 4 of 21 -- Part 2—Regional Growth Fund Established Regional Growth Fund Act 2011 No. 8 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—REGIONAL GROWTH FUND ESTABLISHED 4 Regional Growth Fund (1) There must be established in the Public Account as part of the Trust Fund an account to be known as the Regional Growth Fund. (2) There must be paid into the Fund— (a) all money that is appropriated by Parliament for the purposes of the Fund; and (b) money received from the investment of money in the Fund. (3) There may be paid into the Fund money received from any other source for the purposes of the Fund. (4) Money standing to the credit of the Fund may be invested in any manner in which trust funds may be invested under the Trustee Act 1958. 5 Application of the Fund (1) There must be paid out of the Fund amounts to be used to— (a) provide for better infrastructure, facilities and services in regional Victoria; (b) strengthen the economic, social and environmental base of communities in regional Victoria; (c) facilitate the creation of jobs and the improvement of career opportunities in regional Victoria; (d) support the planning for and the development of projects in regional Victoria; (e) support any other project that will benefit regional Victoria as determined by the Minister. s. 4 -- 5 of 21 -- Part 2—Regional Growth Fund Established Regional Growth Fund Act 2011 No. 8 of 2011 4 Authorised by the Chief Parliamentary Counsel (2) The payment of an amount or amounts from the Fund for the purposes of subsection (1) in respect of any project must not be made— (a) if the payment of the amount or amounts total or will total less than $5 000 000, except with the authorisation of the Minister; and (b) if the payment of the amount or amounts total or will total $5 000 000 or more, except with the authorisation of the Minister and the Treasurer. (3) There must be paid out of the Fund amounts authorised by the Minister for the payment of the costs and expenses incurred in the following— (a) administering this Act; (b) administering sections 11, 12, 13 and 14 of the Regional Development Victoria Act 2002; (c) monitoring and reporting on the financial operations and financial position of the Fund. 6 Delegation (1) The Minister, by instrument, may delegate his or her power to authorise amounts to be paid out of the Fund under section 5 to the Secretary. (2) The Secretary, by instrument, may delegate a power delegated to the Secretary by the Minister under subsection (1) to authorise amounts to be paid out of the Fund under section 5 to any of the following— (a) the Chief Executive within the meaning of section 3 of the Regional Development Victoria Act 2002; s. 6 -- 6 of 21 -- Part 2—Regional Growth Fund Established Regional Growth Fund Act 2011 No. 8 of 2011 5 Authorised by the Chief Parliamentary Counsel (b) any person employed under Part 3 of the Public Administration Act 2004. __________________ s. 6 -- 7 of 21 -- Part 3—General Regional Growth Fund Act 2011 No. 8 of 2011 6 Authorised by the Chief Parliamentary Counsel PART 3—GENERAL 7 Regulations The Governor in Council may make regulations for or with respect to— (a) prescribing geographical areas to be included in regional Victoria for the purposes of this Act and the circumstances (if any) in which the prescribed geographical areas are to be included in regional Victoria for the purposes of this Act; and (b) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. __________________ s. 7 -- 8 of 21 -- Part 4—Repeal of Act and Transitional Provisions Regional Growth Fund Act 2011 No. 8 of 2011 7 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF ACT AND TRANSITIONAL PROVISIONS Division 1—Repeal of Regional Infrastructure Development Fund Act 1999 8 Repeal of the Regional Infrastructure Development Fund Act 1999 The Regional Infrastructure Development Fund Act 1999 is repealed. Division 2—Transitional Provisions 9 Transitional provisions (1) At the commencement time— (a) the Regional Infrastructure Development Fund is abolished; (b) all money standing to the credit of the Regional Infrastructure Development Fund immediately before the commencement time forms part of the Fund; (c) all property and rights of the Regional Infrastructure Development Fund immediately before the commencement time become property and rights of the Fund; (d) all liabilities of the Regional Infrastructure Development Fund immediately before the commencement time become liabilities of the Fund. (2) A reference to the Regional Infrastructure Development Fund in any Act, subordinate instrument, agreement or other document to the extent that it relates to any matter on or after the See: Act No. 64/1999 and amending Act Nos 11/2002 and 32/2003. LawToday: www. legislation. vic.gov.au s. 8 -- 9 of 21 -- Part 4—Repeal of Act and Transitional Provisions Regional Growth Fund Act 2011 No. 8 of 2011 8 Authorised by the Chief Parliamentary Counsel commencement time is taken to be a reference to the Fund, unless the contrary intention appears. (3) No duty or other tax is chargeable under any Act in respect of anything done under this section or in respect of any act or transaction connected with or necessary to be done by reason of this section, including any transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property to or from the Fund. (4) Despite the repeal of the Regional Infrastructure Development Fund Act 1999, on and from the commencement time any agreement for the payment of an amount from the Regional Infrastructure Development Fund, to the extent that it relates to any matter on or after the commencement time, is taken to be an agreement for the payment of an amount out of the Fund, unless the contrary intention appears. (5) Despite the repeal of the Regional Infrastructure Development Fund Act 1999, on and from the commencement time any authorisation given by the Minister under section 5 of that Act before the commencement time— (a) continues in force; and (b) to the extent that it relates to any matter on or after the commencement time, is taken to be an authorisation under section 5 for the payment of an amount out of the Fund. (6) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a contract. s. 9 -- 10 of 21 -- Part 4—Repeal of Act and Transitional Provisions Regional Growth Fund Act 2011 No. 8 of 2011 9 Authorised by the Chief Parliamentary Counsel (7) In this section— commencement time means the time at which Parts 1 and 2 come 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 Infrastructure Development Fund means the Fund within the meaning of the Regional Infrastructure Development Fund Act 1999 as in force before its repeal; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective. __________________ s. 9 -- 11 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 10 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENTS TO THE REGIONAL DEVELOPMENT VICTORIA ACT 2002 Division 1—Regional Policy Advisory Committee 10 Sections 11, 12, 13 and 14 substituted For sections 11, 12, 13 and 14 of the Regional Development Victoria Act 2002 substitute— "11 Regional Policy Advisory Committee (1) There is to be a Regional Policy Advisory Committee. (2) The Regional Policy Advisory Committee consists of— (a) a member who is to be Chairperson appointed by the Governor in Council on the recommendation of the Minister; and (b) no more than 8 other members appointed by the Governor in Council on the recommendation of the Minister. (3) The Minister, in recommending people to be members of the Committee, must ensure that— (a) the majority of members are from rural and regional Victoria; and (b) the Committee consists of at least one member from each region specified in an item in column 2 of Schedule 2, being the region consisting of the municipal districts of the municipal councils and the areas of the alpine resorts set out in column 3 of Schedule 2 opposite that item; and s. 10 See: Act No. 53/2002 and amending Act No. 108/2004. LawToday: www. legislation. vic.gov.au -- 12 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 11 Authorised by the Chief Parliamentary Counsel (c) the members of the Committee have between them skills and knowledge in economic development and community development. 12 Functions of Regional Policy Advisory Committee The functions of the Regional Policy Advisory Committee are to advise the Minister about— (a) strategic infrastructure priorities and projects that have State-wide significance or significance to rural and regional Victoria which could be funded from the Regional Growth Fund under the Regional Growth Fund Act 2011; (b) the operation of the Regional Growth Fund and the outcomes of projects funded with amounts authorised by the Minister from the Regional Growth Fund under the Regional Growth Fund Act 2011; (c) the impact of Acts and subordinate legislation on rural and regional Victoria; (d) policy matters that affect rural and regional Victoria; (e) any other matter relating to rural and regional Victoria referred to the Committee by the Minister. s. 10 -- 13 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 12 Authorised by the Chief Parliamentary Counsel 13 Terms and conditions of appointment of Regional Policy Advisory Committee members (1) A member of the Regional Policy Advisory Committee appointed under section 11(2) holds office— (a) for a term not exceeding 4 years; and (b) in accordance with the terms and conditions specified in his or her instrument of appointment. (2) A member of the Committee appointed under section 11(2) is eligible for re- appointment. (3) A member of the Committee appointed under section 11(2) is entitled to be paid the remuneration and allowances for that member that are fixed from time to time by the Governor in Council on the recommendation of the Minister. (4) A member of the Committee appointed under section 11(2) may at any time resign by writing signed and delivered to the Minister. (5) The Governor in Council may remove any member of the Committee appointed under section 11(2) from office. 14 Meetings of the Regional Policy Advisory Committee (1) Meetings of the Regional Policy Advisory Committee must be held at least 6 times a year or at the times determined by the Minister. s. 10 -- 14 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 13 Authorised by the Chief Parliamentary Counsel (2) The Chairperson must preside at any meeting of the Committee at which he or she is present. (3) If the Chairperson is absent a member elected by the members present must preside. (4) A majority of members currently in office constitutes a quorum for a meeting of the Committee.". Division 2—Consequential and other amendments 11 Definitions In section 3 of the Regional Development Victoria Act 2002, for the definition of rural and regional Victoria substitute— "rural and regional Victoria has the same meaning as regional Victoria in section 3(1) of the Regional Growth Fund Act 2011.". 12 Functions and powers of Regional Development Victoria For section 5(1)(g) of the Regional Development Victoria Act 2002 substitute— "(g) administer money paid out of the Regional Growth Fund in accordance with the Regional Growth Fund Act 2011;". 13 Functions, powers and duties of Chief Executive In section 7(4) of the Regional Development Victoria Act 2002, for "Department of Innovation, Industry and Regional Development" substitute "Department of Planning and Community Development". s. 11 -- 15 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 14 Authorised by the Chief Parliamentary Counsel 14 New Schedule 2 inserted (1) For the heading to the Schedule to the Regional Development Victoria Act 2002 substitute— "SCHEDULES SCHEDULE 1". (2) After Schedule 1 to the Regional Development Victoria Act 2002 insert— "__________________ SCHEDULE 2 REGIONS Column 1 Column 2 Column 3 Item No. Region Municipal Council or Alpine Resort 1 Hume Alpine Shire Council Benalla Rural City Council Falls Creek Alpine Resort Greater Shepparton City Council Indigo Shire Council Lake Mountain Alpine Resort Mansfield Shire Council Mitchell Shire Council Moira Shire Council Mount Buller Alpine Resort Mount Hotham Alpine Resort Mount Stirling Alpine Resort Murrindindi Shire Council Strathbogie Shire Council Towong Shire Council Wangaratta Rural City Council Wodonga City Council s. 14 -- 16 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 15 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item No. Region Municipal Council or Alpine Resort 2 Loddon Mallee Buloke Shire Council Campaspe Shire Council Central Goldfields Shire Council Gannawarra Shire Council Greater Bendigo City Council Loddon Shire Council Macedon Ranges Shire Council Mildura Rural City Council Mount Alexander Shire Council Swan Hill Rural City Council 3 Grampians Ararat Rural City Council Ballarat City Council Golden Plains Shire Council Hepburn Shire Council Hindmarsh Shire Council Horsham Rural City Council Moorabool Shire Council Northern Grampians Shire Council Pyrenees Shire Council West Wimmera Shire Council Yarriambiack Shire Council 4 Barwon South West Borough of Queenscliffe Colac-Otway Shire Council Corangamite Shire Council Glenelg Shire Council Greater Geelong City Council Moyne Shire Council Southern Grampians Shire Council Surf Coast Shire Council Warrnambool City Council s. 14 -- 17 of 21 -- Part 5—Amendments to the Regional Development Victoria Act 2002 Regional Growth Fund Act 2011 No. 8 of 2011 16 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item No. Region Municipal Council or Alpine Resort 5 Gippsland Bass Coast Shire Council Baw Baw Shire Council East Gippsland Shire Council Latrobe City Council Mount Baw Baw Alpine Resort South Gippsland Shire Council Wellington Shire Council ". Division 3—Repeal of Part 5 15 Repeal of Part 5 This Part is repealed on 1 May 2013. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ s. 15 -- 18 of 21 -- Part 6—Amendment to the Parliamentary Committees Act 2003 Regional Growth Fund Act 2011 No. 8 of 2011 17 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENT TO THE PARLIAMENTARY COMMITTEES ACT 2003 16 Amendment of the Parliamentary Committees Act 2003 In section 16(2) of the Parliamentary Committees Act 2003, for the definition of regional Victoria substitute— "regional Victoria has the same meaning as in section 3(1) of the Regional Growth Fund Act 2011.". 17 Repeal of Part 6 This Part is repealed on 1 May 2013. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ See: Act No. 110/2003. Reprint No. 1 as at 26 July 2006 and amending Act Nos 43/2006 and 4/2007. LawToday: www. legislation. vic.gov.au s. 16 -- 19 of 21 -- Regional Growth Fund Act 2011 No. 8 of 2011 18 Authorised by the Chief Parliamentary Counsel SCHEDULE 1 MUNICIPAL COUNCILS IN REGIONAL VICTORIA Alpine Shire Council Macedon Ranges Shire Council Ararat Rural City Council Mansfield Shire Council Ballarat City Council Mildura Rural City Council Bass Coast Shire Council Mitchell Shire Council Baw Baw Shire Council Moira Shire Council Benalla Rural City Council Moorabool Shire Council Buloke Shire Council Mount Alexander Shire Council Campaspe Shire Council Moyne Shire Council Central Goldfields Shire Council Murrindindi Shire Council Colac-Otway Shire Council Northern Grampians Shire Council Corangamite Shire Council Pyrenees Shire Council East Gippsland Shire Council Borough of Queenscliffe Gannawarra Shire Council South Gippsland Shire Council Glenelg Shire Council Southern Grampians Shire Council Golden Plains Shire Council Strathbogie Shire Council Greater Bendigo City Council Surf Coast Shire Council Greater Geelong City Council Swan Hill Rural City Council Greater Shepparton City Council Towong Shire Council Hepburn Shire Council Wangaratta Rural City Council Hindmarsh Shire Council Warrnambool City Council Horsham Rural City Council Wellington Shire Council Indigo Shire Council West Wimmera Shire Council Latrobe Shire Council Wodonga City Council Loddon Shire Council Yarriambiack Shire Council ═══════════════ Sch. 1 -- 20 of 21 -- Regional Growth Fund Act 2011 No. 8 of 2011 19 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 March 2011 Legislative Council: 24 March 2011 The long title for the Bill for this Act was "A Bill for an Act to provide for a fund to be called the Regional Growth Fund to be established in the Public Account as part of the Trust Fund, to amend the Regional Development Victoria Act 2002, to repeal the Regional Infrastructure Development Fund Act 1999 and to make a consequential amendment to the Parliamentary Committees Act 2003 and for other purposes." Endnotes -- 21 of 21 --