Southern and Eastern Integrated Transport Authority Act 2003

i Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. The Project 2 5. Act to bind the Crown 2 PART 2—SOUTHERN AND EASTERN INTEGRATED TRANSPORT AUTHORITY 3 Division 1—The Authority 3 6. Establishment of Authority 3 7. Authority represents the Crown 3 8. Accountability 3 9. Membership 4 10. Chairperson 4 11. Vacancies, resignations, removal from office 5 12. Acting appointments 5 13. Person to preside at meetings 6 14. Proceedings of the Authority 6 15. Participation in meetings 6 16. Resolutions without meetings 7 17. Validity of decisions 7 18. Chief executive officer 8 Division 2—Functions and powers 9 19. Functions 9 20. Powers 10 21. Delegation 10 22. Superannuation 11 -- 1 of 17 -- Section Page ii Division 3—Financial 11 23. Money of Authority 11 24. Borrowing, investment and other financial powers 11 PART 3—REGULATIONS 13 25. Regulations 13 PART 4—AMENDMENT OF BORROWING AND INVESTMENT POWERS ACT 1987 14 26. Borrowing and Investment Powers Act 1987 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 Southern and Eastern Integrated Transport Authority Act 2003 † [Assented to 13 May 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to establish the Southern and Eastern Integrated Transport Authority; and (b) to facilitate the Southern and Eastern Integrated Transport Project. Victoria No. 25 of 2003 -- 3 of 17 -- Part 1—Preliminary Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 2 2. Commencement (1) Subject to sub-section (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 31 December 2003, it comes into operation on that day. 3. Definitions In this Act— "Authority" means the Southern and Eastern Integrated Transport Authority established by this Act; "member" means member of the Authority and includes an acting member; "Project" means the project described in section 4 or any part of that project. 4. The Project In this Act, a reference to the Project is a reference to the project for an integrated transport corridor connecting the Eastern Freeway to the Frankston Freeway including tunnels under the Mullum Mullum Creek and a link with the Ringwood By-Pass. 5. Act to bind the Crown This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ s. 2 -- 4 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 3 PART 2—SOUTHERN AND EASTERN INTEGRATED TRANSPORT AUTHORITY Division 1—The Authority 6. Establishment of Authority (1) The Southern and Eastern Integrated Transport Authority is established. (2) The Authority— (a) is a body corporate with perpetual succession; (b) has a common seal; (c) may sue and be sued in its corporate name; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of the Authority must be kept as directed by the Authority and must only be used as authorised by the Authority. (4) All courts must take judicial notice of the common seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 7. Authority represents the Crown In performing its functions and exercising its powers, the Authority represents the Crown. 8. Accountability (1) The Authority is subject to the general direction and control of the Minister. s. 6 -- 5 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 4 (2) The Authority is subject to any specific direction given to it by the Minister with the approval of the Treasurer. 9. Membership (1) The Authority consists of not less than 3 and not more than 5 part-time members appointed by the Governor in Council on the recommendation of the Minister after consultation with the Treasurer. (2) A member is appointed for the term, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re-appointment. (3) A member is appointed on the terms and conditions that are specified in the instrument of appointment. (4) A member is entitled to be paid the fees, allowances and expenses from time to time determined by the Governor in Council in respect of him or her. (5) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member. 10. Chairperson (1) The Governor in Council must appoint one of the members as chairperson of the Authority and may appoint another of the members as deputy chairperson of the Authority. (2) The chairperson or deputy chairperson may resign from the office of chairperson or deputy chairperson by notice in writing signed by him or her and delivered to the Minister. s. 9 -- 6 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 5 11. Vacancies, resignations, removal from office (1) The office of a member becomes vacant if the member— (a) without the Authority's approval, fails to attend 3 consecutive meetings of the Authority; or (b) becomes an insolvent under administration as defined in section 9 of the Corporations Act; or (c) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. (2) A member may resign from office by notice in writing signed by him or her and delivered to the Minister. (3) The Governor in Council may remove a member from office. 12. Acting appointments (1) The Governor in Council may appoint a person to act in the place of a member who is absent from duty or who, for any other reason, is unable to perform the duties of the office. (2) An acting member is appointed for the term, and on such other terms and conditions, as are specified in the instrument of appointment. (3) A person appointed under sub-section (1) has all the powers, and may perform all the duties, of the member for whom he or she is acting. (4) The Governor in Council may at any time terminate an acting appointment. s. 11 -- 7 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 6 13. Person to preside at meetings The chairperson of the Authority, or, in his or her absence, the deputy chairperson of the Authority or, in the absence of both of them, a member appointed by the members present, must preside at a meeting of the Authority. 14. Proceedings of the Authority (1) A majority of the members for the time being appointed to the Authority constitutes a quorum of the Authority. (2) A question arising at a meeting shall be determined by a majority of votes of the members present who are eligible to vote, and vote, on that question and, if voting is equal, the chairperson or other member presiding, has a casting as well as a deliberative vote. (3) The Authority must ensure that accurate minutes are kept of its meetings. (4) Subject to this Act, the Authority may regulate its own proceedings. 15. Participation in meetings (1) If all the members who are not absent from duty so agree, a meeting may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the Authority for the purpose of that meeting. (2) For the purposes of this Act, a member who participates in a meeting held as permitted by sub- section (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting. (3) In this section, "meeting" includes part of a meeting. s. 13 -- 8 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 7 16. Resolutions without meetings (1) If— (a) the Authority has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document— a resolution in those terms is deemed to have been passed at a meeting of the Authority held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document. (2) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document. (3) If a resolution is deemed by this section to have been passed at a meeting of the Authority, each member must as soon as practicable be advised of the matter and given a copy of the resolution. 17. Validity of decisions An act or decision of the Authority is not invalid— (a) by reason only— (i) of a defect or irregularity in, or in connection with, the appointment of a member; or (ii) of a vacancy in the office of a member; or s. 16 -- 9 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 8 (b) on the ground that the occasion for an acting member to act had not arisen or had ceased. 18. Chief executive officer (1) The Authority, with the approval of the Minister after consultation with the Treasurer, may appoint a person as chief executive officer of the Authority. (2) The chief executive officer holds office for such term, not exceeding 5 years, and on such other terms and conditions as are determined by the Authority and specified in the instrument of appointment. (3) The chief executive officer is entitled to be paid the remuneration and allowances that are specified in his or her instrument of appointment or are fixed from time to time in respect of him or her by the Authority. (4) The Authority may appoint a person as acting chief executive officer— (a) during a vacancy in the office of chief executive officer; or (b) while the chief executive officer is absent from duty or is, for any other reason, unable to perform the duties of the office of chief executive officer. (5) While a person is acting chief executive officer, he or she has all the powers, and may perform all the duties, of the chief executive officer. (6) An acting chief executive officer is appointed on the terms and conditions (including remuneration and allowances) determined by the Authority and specified in the instrument of appointment. (7) The Authority may at any time terminate an acting appointment. s. 18 -- 10 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 9 Division 2—Functions and powers 19. Functions The functions of the Authority are— (a) to facilitate, on behalf of the State, the development of the Project; (b) to seek and evaluate submissions from persons interested in undertaking the Project; (c) to negotiate with persons interested in undertaking the Project; (d) to make recommendations in relation to contractual arrangements between the State and any other person for the development or delivery of the Project; (e) to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project; (f) to facilitate and co-ordinate consultations with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project; (g) to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project; (h) to make recommendations to the Minister in relation to facilitating the Project and co-ordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project; s. 19 -- 11 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 10 (i) to ensure that agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project are performed in accordance with their terms; (j) to undertake any other functions that are conferred on the Authority by or under this or any other Act. 20. Powers For the purpose of performing its functions, the Authority, in addition to all other powers conferred on it by or under this or any other Act— (a) may employ or engage staff or consultants; (b) may enter into arrangements for the services of persons employed under Part 3 of the Public Sector Management and Employment Act 1998; (c) may appoint agents and attorneys, and act as agent; (d) may do all other things necessary or convenient to be done for, or in connection with, or as incidental to, the performance of its functions. 21. Delegation The Authority may, by instrument under its common seal, delegate— (a) to a member; or (b) to the chief executive officer or any employee of the Authority; or s. 20 -- 12 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 11 (c) with the approval of the Minister, to any person employed under Part 3 of the Public Sector Management and Employment Act 1998— any power of the Authority, other than this power of delegation. 22. Superannuation If the chief executive officer or an employee of the Authority was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Authority. Division 3—Financial 23. Money of Authority (1) All money received by the Authority must be paid into a banking account established by the Authority. (2) One or more banking accounts may be held in the name of the Authority. (3) The Authority may only expend money in accordance with a budget jointly approved by the Minister and the Treasurer. 24. Borrowing, investment and other financial powers (1) The Authority has the powers conferred on it by the Borrowing and Investment Powers Act 1987. s. 22 -- 13 of 17 -- Part 2—Southern and Eastern Integrated Transport Authority Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 12 (2) The Authority may, with the approval of the Treasurer, enter into arrangements for the protection of the value of its assets or liabilities against movements in interest rates or currency rates. __________________ s. 24 -- 14 of 17 -- Part 3—Regulations Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 13 PART 3—REGULATIONS 25. Regulations The Governor in Council may make regulations for or with respect to 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. 25 -- 15 of 17 -- Part 4—Amendment of Borrowing and Investment Powers Act 1987 Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 14 PART 4—AMENDMENT OF BORROWING AND INVESTMENT POWERS ACT 1987 26. Borrowing and Investment Powers Act 1987 In Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 12 insert— "12A. Southern and Eastern Integrated Transport Authority 5, 8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A, 21". ═══════════════ s. 26 See: Act No. 13/1987. Reprint No. 6 as at 1 July 2001 and amending Act Nos 66/2000, 81/2000 and 87/2001. LawToday: www.dms. dpc.vic. gov.au -- 16 of 17 -- Southern and Eastern Integrated Transport Authority Act 2003 Act No. 25/2003 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 March 2003 Legislative Council: 30 April 2003 The long title for the Bill for this Act was "to establish the Southern and Eastern Integrated Transport Authority, to amend the Borrowing and Investment Powers Act 1987 and for other purposes." Endnotes -- 17 of 17 --