Infrastructure Australia is established by this section.

Infrastructure Australia:

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

All courts, judges and persons acting judicially must:

For the purposes of paragraph 5(c), Infrastructure Australia has the function of evaluating proposals for investment in, or enhancements to:

A determination made by the Minister under paragraph (1)(b) is a legislative instrument.

As soon as practicable after the end of each quarter, Infrastructure Australia must make a summary of each proposal evaluated during the quarter available on its website.

For the purposes of paragraph 5(d), Infrastructure Australia has the function of developing plans, to be given to the Minister, that:

A plan must cover a period of 15 years from the time the plan is prepared, or such other period as the Board determines.

A cost benefit analysis included in a plan as mentioned in paragraph (1)(ba) must be prepared using the method approved by Infrastructure Australia. The method must enable the proposals to be compared.

A plan must be prepared under this section every 5 years, or at such other intervals as the Board determines.

Within 14 days of a plan being given to the Minister, the plan must be made available on Infrastructure Australia’s website.

Infrastructure Australia must cause the method approved under subsection (3) to be reviewed:

Without limiting subsection (6), a review under that subsection must consider whether the cost benefit analyses take into account social, environmental and economic costs and benefits adequately.

The report of the review must be made available on Infrastructure Australia’s website within 14 days of the report being given to Infrastructure Australia.

For the purposes of paragraph 5(e), Infrastructure Australia has the function of providing advice to the Minister, Commonwealth, State, Territory and local governments, investors in infrastructure and owners of infrastructure on matters relating to infrastructure, including in relation to the following:

For the purposes of paragraph (1)(g), Infrastructure Australia may evaluate the delivery of an infrastructure project, including evaluating:

Infrastructure Australia also has the function of promoting public awareness of the matters mentioned in subsections (1) and (2), including by publishing information on its website.

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

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

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

The functions of the Board are:

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

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

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 (3) in relation to that matter.

The Minister may terminate the appointment of a member:

The Minister may terminate the appointment of a member if:

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

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

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.

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

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

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

(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.

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

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

The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.

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

The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.

Infrastructure Australia may do either or both of the following:

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

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

Infrastructure Australia may be assisted by:

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.

Infrastructure Australia must prepare a corporate plan at least once each financial year and give it to the Minister.

The plan must cover a period of 3 financial years.

The plan must include details of the following matters:

The Board may vary the plan.

In preparing the plan, or a variation of the plan, Infrastructure Australia must consult with:

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

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.

If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

The money of Infrastructure Australia is to be applied only:

(2) Subsection (1) does not prevent investment of surplus money of Infrastructure Australia under Commonwealth Authorities and Companies Act 1997.section 18 of the

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

(2) Paragraphs (1)(a) and (b) do not apply to the investment of money by Infrastructure Australia under Commonwealth Authorities and Companies Act 1997.section 18 of the

Infrastructure Australia must not borrow money from any person.

(4) Nothing in subsection (3) affects Infrastructure Australia’s ability to obtain goods or services on credit in accordance with Commonwealth Authorities and Companies Act 1997.section 28A of the

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

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

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of Infrastructure Australia.

The Board may, in writing, delegate any or all of its powers or functions under this Act to:

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

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:

If the Infrastructure Australia or the Board delegates 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.

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) 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.

A fee prescribed as mentioned in paragraph (4)(b) is payable to the *Infrastructure CEO, on behalf of the Commonwealth.

In this Schedule:

This item applies to an asset of the Commonwealth that, immediately before the transition time, was being held or used by the Department in connection with the performance of a function of the old Infrastructure Australia or the Infrastructure Coordinator.

The Minister may, by legislative instrument, declare that a specified asset ceases to be an asset of the Commonwealth and becomes an asset of Infrastructure Australia, at the specified time, without any conveyance, transfer or assignment.

If the Minister does so, Infrastructure Australia becomes the successor in law in relation to the specified asset at the specified time.

This item does not prevent the Commonwealth from transferring an asset to Infrastructure Australia otherwise than under this item.

This item applies to a liability of the Commonwealth that was incurred before the transition time in connection with the performance of a function of the old Infrastructure Australia or the Infrastructure Coordinator.

The Minister may, by legislative instrument, declare that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of Infrastructure Australia, at the specified time, without any conveyance, transfer or assignment.

If the Minister does so, Infrastructure Australia becomes the successor in law in relation to the specified liability at the specified time.

This item does not prevent the Commonwealth from transferring a liability to Infrastructure Australia otherwise than under this item.

This item applies if:

The land registration official may:

A certificate under paragraph (1)(b) is not a legislative instrument.

This item applies if:

The assets official may:

A certificate under paragraph (1)(b) is not a legislative instrument.

This item applies if:

Infrastructure Australia is substituted for the Commonwealth as a party to the proceedings:

This item applies if:

The Minister may, by legislative instrument, determine that the instrument has effect, from the transition time or the specified succession time (as appropriate), as if the reference to the body or person mentioned in paragraph (1)(b) were a reference to:

(3) For the purposes of this item, instrument:

(4) For the purposes of this item, exempt instrument means:

(1) At the transition time, the Special Account established under subsection 20(1) of the Financial Management and Accountability Act 1997 with the name “Infrastructure Australia Special Account” is abolished.

(2) If an amount (the old amount) stands to the credit of that Special Account immediately before the transition time, there is payable to Infrastructure Australia, at the transition time, an amount equal to the old amount.

The amount payable to Infrastructure Australia under subitem (2) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

The old Infrastructure Australia must, before the transition time, prepare and give to the Minister, for presentation to the Parliament, a report on the old Infrastructure Australia’s operations during the final reporting period.

(2) Subsection 26(2) of the Infrastructure Australia Act 2008 as in force immediately before the commencement of this item applies to the report, as if a reference to a financial year were a reference to the final reporting period.

The Minister must table the report in each House of the Parliament as soon as practicable after the transition time.

(4) A report given to the Minister under this item discharges the old Infrastructure Australia’s obligations under Infrastructure Australia Act 2008 in respect of any period covered by the report.section 26 of the

In this item:

Nothing in this Schedule produces the result that the appointment of an old Infrastructure Australia officer has effect as if it were an appointment, engagement or employment of the person in relation to Infrastructure Australia.

In this item:

If, before the transition time, a thing was done by, or in relation to, the Infrastructure Coordinator, then, for the purposes of the operation of:

For the purposes of subitem (1), a thing done before the transition time under a provision amended by Part 2 of Schedule 1 to this Act has effect from that time as if it had been done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

For the purposes of subitem (1), if:

The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Infrastructure Coordinator. The determination has effect accordingly.

A determination made under subitem (4) is not a legislative instrument.

(1) A reference to the Infrastructure Coordinator in a provision of the infrastructure project designation rules made under Income Tax Assessment Act 1997 has effect, after the transition time, as if it were a reference to the CEO.section 415-100 of the

(2) Subsection 415-100(2) of the Income Tax Assessment Act 1997 applies on and after the transition time as if the reference in that subsection to Infrastructure Australia included a reference to the old Infrastructure Australia.

No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.

(2) For the purposes of this item, an exempt matter is:

The Minister may certify in writing:

In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.

The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to:

In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.