Infrastructure Australia Act 2008

No. 17, 2008

Compilation No.   9

Compilation date: 15 April 2024

Includes amendments: Act No. 117, 2023

Registered: 1 May 2024

About this compilation

This compilation

This is a compilation of the Infrastructure Australia Act 2008 that shows the text of the law as amended and in force on 15 April 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

-Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

2A Object 1

3 Definitions 1

Part 2—Infrastructure Australia 4

4 Establishment 4

5 Functions—general 4

5A Functions—conducting audits 5

5B Functions—evaluating infrastructure proposals 5

5C Functions—developing Infrastructure Priority Lists and Infrastructure Plans 8

5D Functions—providing advice on infrastructure matters 9

5DA Functions—assessments of certain nationally significant infrastructure projects without prior evaluation 10

5DB Functions—annual statements 11

5E Infrastructure Australia must have regard to policies 12

6 Minister may give directions to Infrastructure Australia 12

6A Powers 13

6B Consultation 13

6C Infrastructure Australia does not have privileges and immunities of the Crown 14

Part 2A—Commissioners 15

Division 1—Functions 15

6E Functions 15

Division 2—Constitution and appointment 16

7 Constitution 16

8 Appointment of Commissioners 16

9 Term of appointment 17

10 Acting appointments 17

11 Remuneration 18

12 Leave of absence 18

15 Outside employment 19

16 Other terms and conditions 19

17 Resignation of Commissioners 19

18 Termination of appointment 19

Division 3—Meetings 21

19 Convening meetings 21

20 Presiding at meetings 21

21 Quorum 21

22 Voting at meetings 22

23 Conduct of meetings 22

24 Minutes 22

25 Decisions without meetings 22

Part 3—Chief Executive Officer, staff and consultants 24

Division 1—Chief Executive Officer of Infrastructure Australia 24

27 Establishment 24

28 Role 24

28A CEO to act in accordance with policies and directions of Commissioners 24

29 Appointment 25

30 Term of appointment 25

31 Acting CEO 25

32 Remuneration 25

33 Leave of absence 26

34 Disclosure of interests 26

35 Outside employment 26

36 Other terms and conditions 26

37 Resignation 27

38 Termination of appointment 27

Division 2—Staff and consultants 28

39 Staff of Infrastructure Australia 28

39A Staff seconded to Infrastructure Australia 28

39AA Consultants 29

Part 3A—Planning and reporting 30

39B Corporate plan 30

39C Annual report 30

Part 3B—Finance 31

39D Money payable to Infrastructure Australia 31

39DA Application of money by Infrastructure Australia 31

39DB Restrictions on financial transactions 31

39DC Taxation 32

Part 4—Miscellaneous 33

40 Delegation by the Minister 33

40A Delegation by Infrastructure Australia 33

40B Delegation by Commissioners 33

40C Delegation and subdelegation by CEO 34

41 Regulations 34

Endnotes 35

Endnote 1—About the endnotes 35

Endnote 2—Abbreviation key 37

Endnote 3—Legislation history 38

Endnote 4—Amendment history 40

An Act to establish Infrastructure Australia, and for related purposes

 1 Preliminary
1 Short title

This Act may be cited as the Infrastructure Australia Act 2008.
2 Commencement

This Act commences on the day after it receives the Royal Assent.
2A Object

The object of this Act is to establish Infrastructure Australia as the Commonwealth Government’s independent adviser on nationally significant infrastructure investment planning and project prioritisation.
3 Definitions

In this Act:

Australia’s greenhouse gas emissions reduction targets means:

 a

if:

 i

Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and

 ii

that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;

the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or

 b

in any other case—the greenhouse gas emissions reduction targets included in:

 i

Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or

 ii

if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time.

CEO means the Chief Executive Officer of Infrastructure Australia appointed under section 29.

Chief Commissioner means the Chief Commissioner appointed under section 8.

Commissioner means a Commissioner appointed under section 8 and includes the Chief Commissioner.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

full-time Commissioner means a Commissioner appointed on a full-time basis.

Infrastructure Australia means the body established by section 4.

nationally significant infrastructure includes:

 a

transport infrastructure; and

 b

energy infrastructure; and

 c

communications infrastructure; and

 d

water infrastructure; and

 e

social infrastructure;

in which investment or further investment will materially improve national productivity.

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.

part-time Commissioner means a Commissioner appointed on a part-time basis.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October of a year.

social infrastructure means facilities, spaces, services or networks that support quality of life and wellbeing of communities.

Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
2 Infrastructure Australia
4 Establishment 1

Infrastructure Australia is established by this section.

 2

Infrastructure Australia:

 a

is a body corporate; and

 b

must have a seal; and

 c

may acquire, hold and dispose of real and personal property; and

 d

may sue and be sued.

Note: The Public Governance, Performance and Accountability Act 2013 applies to Infrastructure Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

 3

Infrastructure Australia’s seal is to be kept in such custody as the Commissioners direct and must not be used except as authorised by the Commissioners.

 4

All courts, judges and persons acting judicially must:

 a

take judicial notice of the imprint of the seal of Infrastructure Australia appearing on a document; and

 b

presume that the document was duly sealed.
5 Functions—general

Infrastructure Australia has the following functions:

 a

to conduct audits in accordance with section 5A;

 aa

to conduct or endorse evaluations in accordance with section 5B;

 b

to develop lists (to be known as Infrastructure Priority Lists) and plans (to be known as Infrastructure Plans) in accordance with section 5C;

 c

the functions mentioned in section 5D (providing advice on infrastructure matters);

 d

to assess, and report on, projects relating to nationally significant infrastructure in accordance with section 5DA;

 h

to undertake or commission research relating to Infrastructure Australia’s other functions;

 i

any other functions conferred on Infrastructure Australia by or under this Act or any other law.
5A Functions—conducting audits 1

For the purposes of paragraph 5(a), Infrastructure Australia has the function of conducting audits to determine the adequacy, capacity and condition of nationally significant infrastructure, taking into account:

 a

forecast economic and population growth; and

 b

economic, social and environmental sustainability; and

 c

Australia’s greenhouse gas emissions reduction targets.

 2

An audit must be prepared under this section at such intervals as the Commissioners determine.

 3

In performing this function, Infrastructure Australia may consider State, Territory or local government reports on the adequacy, capacity and condition of nationally significant infrastructure.

 4

Infrastructure Australia must cause a copy of an audit prepared under this section to be tabled in each House of the Parliament within 10 sitting days of that House after the audit is finalised.
5B Functions—evaluating infrastructure proposals

National planning and assessment framework

 1

Infrastructure Australia must develop a national planning and assessment framework to promote national consistency and coordination in infrastructure evaluations.

 2

The framework is not a legislative instrument.

 3

Infrastructure Australia must give the framework to the Minister and publish the framework on Infrastructure Australia’s website.

 4

Infrastructure Australia must review the framework at least every 5 years.

 5

In developing and reviewing the framework, Infrastructure Australia must consult with States and Territories.

Evaluations

 6

For the purposes of paragraph 5(aa), Infrastructure Australia has the function of evaluating, or endorsing evaluations conducted by or for States or Territories of, proposals covered by subsection (7) that are submitted by any of the following:

 a

the Commonwealth;

 b

(b) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);

 c

a Commonwealth company (within the meaning of that Act);

 d

a State;

 e

a Territory.

 7

For the purposes of subsection (6), this subsection covers proposals for investment in, or enhancements to, the following infrastructure:

 a

nationally significant infrastructure;

 b

other infrastructure determined by the Minister.

 8

A determination made by the Minister under paragraph (7)(b) is a legislative instrument.

 8A

In performing the function mentioned in subsection (6) in relation to a proposal, Infrastructure Australia must consider what impacts the proposal, if carried out, would have on:

 a

Australia’s net greenhouse gas emissions, as reported in national inventory reports in accordance with:

 i

the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as amended and in force for Australia from time to time; and

 ii

the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time; and

 b

the achievement of Australia’s greenhouse gas emissions reduction targets; and

 c

any policy issues arising from climate change that Infrastructure Australia considers relevant to the proposal.

Note: The United Nations Framework Convention on Climate Change is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and the Paris Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24). They could in 2023 be viewed in the Australian Treaty Series Library on the AustLII website (www.austlii.edu.au).

 9

As soon as practicable after the end of each quarter, Infrastructure Australia must make available on its website:

 a

a summary of each proposal evaluated by Infrastructure Australia during the quarter; and

 b

a summary of each proposal for which Infrastructure Australia endorsed an evaluation during the quarter.

Tabling requirement

 10

Infrastructure Australia must cause a copy of the following documents to be tabled in each House of the Parliament within 10 sitting days of that House after the document is finalised:

 a

the national planning and assessment framework mentioned in subsection (1);

 b

the summaries mentioned in subsection (9).
5C Functions—developing Infrastructure Priority Lists and Infrastructure Plans

Infrastructure Priority Lists

 1

For the purposes of paragraph 5(b), Infrastructure Australia has the function of developing targeted Infrastructure Priority Lists that:

 a

specify priorities for Commonwealth investment in nationally significant infrastructure across Australia; and

 b

take into account:

 i

audits mentioned in section 5A; and

 ii

evaluations conducted or endorsed by Infrastructure Australia in accordance with section 5B; and

 iii

consultations with Commonwealth, State and Territory governments; and

 iv

any other matters Infrastructure Australia considers relevant.

 2

Infrastructure Australia must develop Infrastructure Priority Lists at such intervals as the Commissioners determine. Infrastructure Australia must also develop an Infrastructure Priority List if the Minister requests.

Infrastructure Plans

 3

For the purposes of paragraph 5(b), Infrastructure Australia has the function of developing Infrastructure Plans specifying priorities for nationally significant infrastructure across Australia.

 4

An Infrastructure Plan:

 a

must be developed at the request of the Minister; and

 b

may be developed on Infrastructure Australia’s own initiative after consultation with the Minister.

 5

An Infrastructure Plan must cover the period determined by the Commissioners after consultation with the Minister.

 6

Infrastructure Australia must make an Infrastructure Plan available on Infrastructure Australia’s website within 14 days after it is developed.

Tabling requirement

 7

Infrastructure Australia must cause a copy of an Infrastructure Priority List and an Infrastructure Plan to be tabled in each House of the Parliament within 10 sitting days of that House after the document is finalised.
5D Functions—providing advice on infrastructure matters 1

For the purposes of paragraph 5(c), Infrastructure Australia has the following functions:

 a

to identify any impediments to investment in nationally significant infrastructure and identify strategies to remove any impediments identified;

 b

to promote the timely and efficient delivery of nationally significant infrastructure projects, consistent with considerations of social and environmental sustainability;

 c

to identify and promote best practice in the planning and procurement of nationally significant infrastructure projects;

 d

to review and provide advice on proposals to facilitate the harmonisation of policies, and laws, relating to development of, and investment in, infrastructure;

 e

to review Commonwealth infrastructure funding programs and their alignment with Infrastructure Plans:

 i

at the request of the Minister; or

 ii

after consultation with the Minister;

 f

to inquire into and report on matters relating to nationally significant infrastructure:

 i

at the request of the Minister; or

 ii

after consultation with the Minister.

 2

For the purposes of paragraph 5(c), Infrastructure Australia has the function of providing advice to the Minister and the Commonwealth on matters relating to infrastructure, including in relation to the following:

 a

Australia’s current and future needs and priorities relating to nationally significant infrastructure;

 b

policy, pricing and regulatory issues that may impact on the utilisation of infrastructure;

 c

policy issues arising from climate change, including the achievement of Australia’s greenhouse gas emissions reduction targets;

 d

impediments to the efficient utilisation of national infrastructure networks;

 e

options and reforms, including regulatory reforms, to make the utilisation of national infrastructure networks more efficient;

 f

the needs of users of infrastructure;

 g

mechanisms for financing investment in infrastructure;

 h

the delivery of infrastructure projects.

 3

For the purposes of paragraph (2)(h), Infrastructure Australia may evaluate the delivery of an infrastructure project, including evaluating:

 a

the delivery against any targets set before or during delivery; and

 b

any relevant assumptions made before or during delivery.

 4

Infrastructure Australia also has the function of promoting public awareness of the matters mentioned in subsections (2) and (3), including by publishing information on its website.
5DA Functions—assessments of certain nationally significant infrastructure projects without prior evaluation 1

For the purposes of paragraph 5(d), Infrastructure Australia has the function of assessing, and reporting on, projects covered by subsection (2).

 2

A project is covered by this subsection if:

 a

it is a project for investment in, or enhancements to, nationally significant infrastructure; and

 b

the project involves expenditure by or on behalf of the Commonwealth; and

 c

the Commonwealth Government’s total expenditure involved in the project is more than $250 million; and

 d

the Commonwealth Government has committed to the project without prior evaluation (or endorsement of evaluation) of a proposal for the project by Infrastructure Australia.

 3

Infrastructure Australia must ensure that assessments under this section are conducted at least once in each financial year beginning on or after the commencement of this section and prepare a report on the assessment.

 4

Infrastructure Australia must cause a copy of the report on the assessment under subsection (3) to be tabled in each House of the Parliament within 10 sitting days after it has been finalised.

Other assessments

 5

Infrastructure Australia may conduct other assessments under this section, and prepare reports on those assessments, on its own initiative.

 6

Infrastructure Australia must cause a copy of the report on the assessment mentioned in subsection (5) to be tabled in each House of the Parliament within 10 sitting days after it has been finalised.

Conduct of assessments

 7

The regulations may prescribe matters relating to the conduct of assessments under this section.
5DB Functions—annual statements 1

Infrastructure Australia must, during each financial year, prepare and give to the Minister the following:

 a

an annual budget statement to inform the annual Commonwealth budget process on infrastructure investment; and

 b

an annual performance statement on the performance outcomes being achieved by States, Territories and local government authorities in relation to the infrastructure investment program and existing project initiatives funded by the Commonwealth.

 2

Infrastructure Australia must cause each annual statement to be:

 a

tabled in both Houses of the Parliament no later than 14 days prior to the scheduled public release of the annual Commonwealth budget each year; and

 b

published on Infrastructure Australia’s website as soon as practicable after the annual statement is tabled in the Parliament.
5E Infrastructure Australia must have regard to policies

In performing its functions and exercising its powers, Infrastructure Australia must have regard to the policies of the Commonwealth Government in relation to infrastructure.
6 Minister may give directions to Infrastructure Australia 1

The Minister may give written directions to Infrastructure Australia about the performance of its functions.

 2

In giving directions under subsection (1), the Minister may have regard to any relevant decisions of a body (however described) that consists only of, or that includes, the following:

 a

the Prime Minister;

 b

the Premiers of each State;

 c

the Chief Ministers of the Australian Capital Territory and Northern Territory.

 3

Directions given by the Minister under subsection (1) must be of a general nature only.

 4

However, the Minister must not give directions about the content of any audit, list, evaluation, plan or advice to be provided by Infrastructure Australia.

 5

Infrastructure Australia must comply with any direction given by the Minister under subsection (1).

 6

A direction given by the Minister under subsection (1) is not a legislative instrument.
6A Powers 1

Infrastructure Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

 2

Infrastructure Australia’s powers include, but are not limited to, the following powers:

 a

the power to enter into contracts and agreements;

 b

the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of Infrastructure Australia;

 c

the power to acquire, hold and dispose of real or personal property;

 d

the power to negotiate and cooperate with other Commonwealth bodies and with State, Territory and local government bodies;

 e

the power to do anything incidental to any of its powers.
6B Consultation

Infrastructure Australia must, in performing its functions and exercising its powers, consult with such of the following as it considers appropriate:

 a

government, commercial, industrial, consumer, academic, professional and other relevant bodies and organisations;

 b

investors in infrastructure and owners of infrastructure.
6C Infrastructure Australia does not have privileges and immunities of the Crown

Infrastructure Australia does not have the privileges and immunities of the Crown in right of the Commonwealth.
2A Commissioners 1 Functions
6E Functions 1

The functions of the Commissioners are:

 a

to decide the objectives, strategies and policies to be followed by Infrastructure Australia; and

 b

to ensure the proper, efficient and effective performance of Infrastructure Australia’s functions; and

 c

any other functions conferred on the Commissioners by this Act.

 2

The Commissioners have the power to do all things necessary or convenient to be done for or in connection with the performance of their functions.

 3

In performing their functions and exercising their powers, the Commissioners must have regard to the policies of the Commonwealth Government in relation to infrastructure.

 4

Anything done in the name of, or on behalf of, Infrastructure Australia by the Commissioners, or with the authority of the Commissioners, is taken to have been done by Infrastructure Australia.

 5

If a function or power of Infrastructure Australia is dependent on the opinion, belief or state of mind of Infrastructure Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.
2 Constitution and appointment
7 Constitution

Infrastructure Australia consists of:

 a

the Chief Commissioner; and

 b

2 other Commissioners.

Note: The Commissioners are the accountable authority of Infrastructure Australia: see Public Governance, Performance and Accountability Act 2013.section 12 of the

8 Appointment of Commissioners 1

Commissioners (including the Chief Commissioner) are to be appointed by the Minister by written instrument.

 2

A Commissioner may be appointed on a full-time or part-time basis.

 2A

In appointing the Commissioners, the Minister must ensure that at least one of the Commissioners has a substantial connection to, or substantial experience in, a regional area through business, industry or community involvement.

 3

A person must not be appointed as a Commissioner unless the Minister is satisfied that:

 a

the person has appropriate qualifications, knowledge, skills or experience; and

 b

the selection of the person for the appointment is the result of a process that:

 i

was merit-based; and

 ii

included public advertising of the position.

 4

Paragraph (3)(b) does not prevent the Minister:

 a

taking affirmative action in relation to the appointment of women to positions; or

 b

taking into consideration appropriate representation among States, Territories and local government areas in relation to appointments to positions.

 5

Paragraph (3)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as a Commissioner under a previous appointment under subsection (1).
9 Term of appointment

A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note: A Commissioner is eligible for reappointment: see Acts Interpretation Act 1901.section 33AA of the

10 Acting appointments 1

The Minister may appoint a Commissioner to act as the Chief Commissioner:

 a

during a vacancy in the office of Chief Commissioner (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when the Chief Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

2

The Minister may appoint a person to act as a Commissioner:

 a

during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when a Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

11 Remuneration 1

A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed.

 2

A Commissioner is to be paid the allowances that are prescribed.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
12 Leave of absence

Full-time Commissioner

 1

A full-time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

 2

If the Chief Commissioner is a full-time Commissioner, the Minister may grant the Chief Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

 3

The Chief Commissioner may grant a full-time Commissioner (other than the Chief Commissioner) leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chief Commissioner determines.

Part-time Commissioner

 4

If the Chief Commissioner is a part-time Commissioner, the Minister may grant leave of absence to the Chief Commissioner on the terms and conditions that the Minister determines.

 5

The Chief Commissioner may grant leave of absence to a part-time Commissioner (other than the Chief Commissioner) on the terms and conditions that the Chief Commissioner determines.
15 Outside employment

A full-time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s approval.
16 Other terms and conditions

A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
17 Resignation of Commissioners 1

A Commissioner may resign the Commissioner’s appointment by giving the Minister a written resignation.

 2

The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
18 Termination of appointment

All Commissioners

 1

The Minister may terminate the appointment of a Commissioner:

 a

for misbehaviour; or

 b

if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.

 2

The Minister may terminate the appointment of a Commissioner if the Commissioner:

 a

becomes bankrupt; or

 b

takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

 c

compounds with one or more of the Commissioner’s creditors; or

 d

makes an assignment of the Commissioner’s remuneration for the benefit of one or more of the Commissioner’s creditors.

Note: The appointment of a Commissioner may also be terminated under Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).section 30 of the

Additional grounds for full-time Commissioner

 3

The Minister may terminate the appointment of a full-time Commissioner if:

 a

the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

 b

the Commissioner engages, except with the Minister’s approval, in paid employment outside the duties of the Commissioner’s office (see section 15).

Additional ground for part-time Commissioner

 4

The Minister may terminate the appointment of a part-time Commissioner if the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of Infrastructure Australia.
3 Meetings
19 Convening meetings 1

The Commissioners must hold the meetings that are necessary for the efficient performance of their functions.

 2

Meetings are to be held at the times and places that the Commissioners determine.

 3

The Chief Commissioner:

 a

may convene a meeting; and

 b

must convene at least 4 meetings each calendar year; and

 c

must convene a meeting if requested in writing by:

 i

another Commissioner; or

 ii

the Minister.
20 Presiding at meetings 1

The Chief Commissioner must preside at all meetings at which the Chief Commissioner is present.

 2

If the Chief Commissioner is not present at a meeting, the other Commissioners present must appoint one of themselves to preside.
21 Quorum 1

At a meeting of the Commissioners, 2 Commissioners constitute a quorum.

 2

However, if:

 a

(a) a Commissioner is required by rules made for the purposes of Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Commissioners with respect to a particular matter; andsection 29 of the

b

when the Commissioner leaves the meeting concerned there is no longer a quorum present;

the remaining Commissioners at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
22 Voting at meetings 1

A question arising at a meeting is to be determined by a majority of the votes of the Commissioners present and voting.

 2

The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.
23 Conduct of meetings

The Commissioners may regulate proceedings at their meetings as they consider appropriate.

Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Commissioners may participate in meetings.
24 Minutes

The Commissioners must keep minutes of their meetings.
25 Decisions without meetings 1

The Commissioners are taken to have made a decision at a meeting if:

 a

without meeting, a majority of the Commissioners entitled to vote on the proposed decision indicate agreement with the decision; and

 b

that agreement is indicated in accordance with the method determined by the Commissioners under subsection (2); and

 c

all the Commissioners were informed of the proposed decision, or reasonable efforts were made to inform all the Commissioners of the proposed decision.

 2

Subsection (1) applies only if the Commissioners:

 a

have determined that they may make decisions of that kind without meeting; and

 b

have determined the method by which Commissioners are to indicate agreement with proposed decisions.

 3

For the purposes of paragraph (1)(a), a Commissioner is not entitled to vote on a proposed decision if the Commissioner would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Commissioners.

 4

The Commissioners must keep a record of decisions made in accordance with this section.
3 Chief Executive Officer, staff and consultants 1 Chief Executive Officer of Infrastructure Australia
27 Establishment

There is to be a Chief Executive Officer of Infrastructure Australia.
28 Role 1

The CEO is responsible for the day-to-day administration of Infrastructure Australia.

 2

The CEO has any functions conferred on the CEO by or under this Act or any other law.

 3

The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.
28A CEO to act in accordance with policies and directions of Commissioners 1

The CEO is to act in accordance with policies determined by the Commissioners.

 2

The Commissioners may give written directions to the CEO about the performance of the CEO’s responsibilities.

 3

The CEO must comply with a direction under subsection (2).

 4

(4) Subsection (3) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999.

 5

A direction under subsection (2) is not a legislative instrument.
29 Appointment 1

The CEO is to be appointed by the Commissioners by written instrument.

 2

The CEO is to be appointed on a full-time basis.
30 Term of appointment

The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note: The CEO is eligible for reappointment: see Acts Interpretation Act 1901.section 33AA of the

31 Acting CEO

The Commissioners may appoint a person to act as the CEO:

 a

during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

32 Remuneration 1

The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.

 2

The CEO is to be paid the allowances that are prescribed.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
33 Leave of absence 1

The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

 2

The Chief Commissioner may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chief Commissioner determines.
34 Disclosure of interests 1

(1) A disclosure by the CEO under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Commissioners.section 29 of the

2

Subsection (1) applies in addition to any rules made for the purposes of that section.

 3

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.
35 Outside employment

The CEO must not engage in paid employment outside the duties of his or her office without the Chief Commissioner’s approval.
36 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commissioners.
37 Resignation 1

The CEO may resign his or her appointment by giving the Chief Commissioner a written resignation.

 2

The resignation takes effect on the day it is received by the Chief Commissioner or, if a later day is specified in the resignation, on that later day.
38 Termination of appointment

The Commissioners may terminate the appointment of the CEO at any time, by instrument in writing.
2 Staff and consultants
39 Staff of Infrastructure Australia 1

Infrastructure Australia may do either or both of the following:

 a

(a) engage persons under the Public Service Act 1999;

 b

employ under written agreements such persons as Infrastructure Australia thinks necessary for the performance or exercise of any of its functions or powers.

 2

(2) For the purposes of the Public Service Act 1999:

 a

the CEO and the APS employees referred to in paragraph (1)(a) together constitute a Statutory Agency; and

 b

the CEO is the Head of that Statutory Agency.

 3

The terms and conditions of employment of persons employed under paragraph (1)(b) are such as the CEO determines from time to time.
39A Staff seconded to Infrastructure Australia 1

Infrastructure Australia may be assisted by:

 a

(a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to Infrastructure Australia in connection with the performance of its functions or the exercise of its powers; and

 b

persons whose services are so made available under arrangements made under subsection (2).

 2

Infrastructure Australia may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to Infrastructure Australia to perform services in connection with the performance of its functions or the exercise of its powers.
39AA Consultants

Infrastructure Australia may engage consultants to assist in the performance of its functions.
3A Planning and reporting
39B Corporate plan

In preparing or varying a corporate plan under Public Governance, Performance and Accountability Act 2013, the Commissioners must consult with:section 35 of the

a

the Minister; and

 b

such of the following as the Commissioners consider appropriate:

 i

government, commercial, industrial, consumer and other relevant bodies and organisations;

 ii

investors in infrastructure and owners of infrastructure.
39C Annual report

The annual report prepared by the Commissioners and given to the Minister under Public Governance, Performance and Accountability Act 2013 for a period must also include details of any directions given to Infrastructure Australia by the Minister under subsection 6(1) of this Act during the period.section 46 of the

3B Finance
39D Money payable to Infrastructure Australia 1

There is payable to Infrastructure Australia such money as is appropriated by the Parliament for the purposes of Infrastructure Australia.

 2

The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Infrastructure Australia.

 3

If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
39DA Application of money by Infrastructure Australia 1

The money of Infrastructure Australia is to be applied only:

 a

in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Infrastructure Australia in the performance of its functions and the exercise of its powers; and

 b

in payment of any remuneration or allowances payable under this Act.

 2

(2) Subsection (1) does not prevent investment, under Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Infrastructure Australia.section 59 of the

39DB Restrictions on financial transactions 1

Infrastructure Australia must not, without the written approval of the Minister:

 a

acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or

 b

dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or

 c

enter into a lease of land for a period exceeding 10 years.

 5

An approval under subsection (1) is not a legislative instrument.
39DC Taxation

Infrastructure Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.

Note: Despite this section, Infrastructure Australia may be subject to taxation under certain laws (see, for example, A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).section 177-5 of the

4 Miscellaneous
40 Delegation by the Minister 1

The Minister may, by writing, delegate any or all of his or her functions and powers under this Act (other than a function or power under section 6, 8 or 18) to:

 a

the Secretary of the Department; or

 b

an SES employee, or acting SES employee, in the Department.

 2

In exercising functions or powers delegated under subsection (1), the delegate must comply with any directions of the Minister.
40A Delegation by Infrastructure Australia 1

Infrastructure Australia may, in writing under its seal, delegate any or all of its powers or functions under this Act to:

 a

a Commissioner; or

 b

the CEO.

 2

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of Infrastructure Australia.
40B Delegation by Commissioners 1

The Commissioners may, in writing, delegate any or all of the Commissioners’ powers or functions under this Act to:

 a

a Commissioner; or

 b

the CEO.

 2

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Commissioners.
40C Delegation and subdelegation by CEO 1

The CEO may, in writing, delegate any of the CEO’s powers or functions under this Act to a person mentioned in section 39 or 39A who:

 a

is an SES employee, or acting SES employee; or

 b

holds, or is acting in, an Executive Level 2 position; or

 c

occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.

 2

If Infrastructure Australia or the Commissioners delegate a power or function under subsection 40A(1) or 40B(1) to the CEO, the CEO may, in writing, subdelegate the power or function to a person mentioned in paragraph (1)(a), (b) or (c) of this section.

 3

In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the CEO.

 4

(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
41 Regulations

The Governor-General may make regulations prescribing matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Infrastructure Australia Act 2008 17, 2008 8 Apr 2008 9 Apr 2008 (s 2)
Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Sch 2 (items 711–718) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12) Sch 3 (items 10, 11)
Tax Laws Amendment (2013 Measures No. 2) Act 2013 124, 2013 29 June 2013 Sch 2 (items 43–46): 11 July 2013 (s 2(1) item 12 and F2013L01359) Sch 2 (item 46)
Infrastructure Australia Amendment Act 2014 77, 2014 17 July 2014 Sch 1 (items 1–42): 1 Sept 2014 (s 2(1) item 2 and F2014L01120) —
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 5 (items 41–48, 74–77) and Sch 7: 14 Apr 2015 (s 2) Sch 5 (items 74–77) and Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) —
Omnibus Repeal Day (Autumn 2015) Act 2016 47, 2016 5 May 2016 Sch 3A: 6 May 2016 (s 2(1) item 4) —
Climate Change (Consequential Amendments) Act 2022 38, 2022 13 Sept 2022 Sch 1 (items 41–44, 59): 14 Sept 2022 (s 2(1) item 1) Sch 1 (item 59)
Infrastructure Australia Amendment (Independent Review) Act 2023 117, 2023 14 Dec 2023 Sch 1 (items 1–8): 15 Dec 2023 (s 2(1) item 2) Sch 1 (items 9–42): 15 Apr 2024 (s 2(1) item 3) Sch 1 (items 8, 42)

Endnote 4—Amendment history
Provision affected How affected
Title am No 77, 2014
Part 1
s 2A ad No 117, 2023
s 3 am No 77, 2014; No 36, 2015; No 38, 2022; No 117, 2023
Part 2
Division 1 heading rep No 77, 2014
s 4 rs No 77, 2014
am No 36, 2015; No 117, 2023
s 5 rs No 77, 2014
am No 38, 2022; No 117, 2023
s 5A ad No 77, 2014
rs No 117, 2023
am No 117, 2023
s 5B ad No 77, 2014
am No 38, 2022
rs No 117, 2023
s 5C ad No 77, 2014
am No 38, 2022
rs No 117, 2023
am No 117, 2023
s 5D ad No 117, 2023
s 5DA ad No 117, 2023
s 5DB ad No 117, 2023
s 5E ad No 117, 2023
s 6 am No 77, 2014; No 117, 2023
s 6A ad No 77, 2014
s 6B ad No 77, 2014
s 6C ad No 77, 2014
Part 2A
Part 2A ad No 77, 2014
rs No 117, 2023
Division 1
s 6D ad No 77, 2014
rep No 117, 2023
s 6E ad No 77, 2014
am No 117, 2023
rs No 117, 2023
Division 2
Division 2 heading rs No 77, 2014; No 117, 2023
s 7 rs No 77, 2014; No 117, 2023
s 8 rs No 117, 2023
s 9 am No 46, 2011
rs No 117, 2023
s 10 am No 46, 2011
rs No 117, 2023
s 11 rs No 117, 2023
s 12 rs No 117, 2023
s 13 rep No 77, 2014
s 14 rep No 77, 2014
s 15 rs No 117, 2023
s 16 rs No 117, 2023
s 17 rs No 117, 2023
s 18 am No 77, 2014; No 36, 2015
rs No 117, 2023
Division 3
Division 3 heading rs No 77, 2014; No 117, 2023
s 19 am No 77, 2014
rs No 117, 2023
s 20 rs No 117, 2023
s 21 am No 77, 2014; No 36, 2015
rs No 117, 2023
s 22 rs No 117, 2023
s 23 am No 77, 2014
rs No 117, 2023
s 24 am No 77, 2014
rs No 117, 2023
s 25 am No 77, 2014
rs No 117, 2023
Division 4 rep No 77, 2014
s 26 rep No 77, 2014
Part 3
Part 3 heading rs No 77, 2014
Division 1
Division 1 rs No 77, 2014
s 27 rs No 77, 2014
s 28 am No 124, 2013
rs No 77, 2014
s 28A ad No 77, 2014
am No 117, 2023
Division 2 heading rep No 77, 2014
s 29 am No 77, 2014; No 117, 2023
s 30 am No 46, 2011; No 77, 2014
s 31 am No 46, 2011; No 77, 2014; No 117, 2023
s 32 am No 77, 2014
s 33 am No 77, 2014; No 117, 2023
s 34 rs No 77, 2014; No 36, 2015
am No 117, 2023
s 35 rs No 77, 2014
am No 117, 2023
s 36 rs No 77, 2014
am No 117, 2023
s 37 rs No 77, 2014
am No 117, 2023
s 38 rs No 77, 2014
am No 117, 2023
Division 3 rep No 77, 2014
s 39 rep No 77, 2014
Division 2
Division 2 ad No 77, 2014
s 39 ad No 77, 2014
s 39A ad No 77, 2014
s 39AA ad No 77, 2014
Part 3A
Part 3A ad No 77, 2014
s 39B ad No 77, 2014
rs No 36, 2015
am No 117, 2023
s 39C ad No 77, 2014
rs No 36, 2015; No 47, 2016
am No 117, 2023
Part 3B
Part 3B ad No 77, 2014
s 39D ad No 77, 2014
s 39DA ad No 77, 2014
am No 36, 2015
s 39DB ad No 77, 2014
am No 36, 2015
s 39DC ad No 77, 2014
Part 4
s 40 am No 124, 2013; No 77, 2014
s 40A ad No 77, 2014
am No 117, 2023
s 40B ad No 77, 2014
am No 117, 2023
s 40C ad No 77, 2014
am No 117, 2023