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NORTHERN AUSTRALIA INFRASTRUCTURE FACILITY ACT 2016 - NOTES

No. 41, 2016

Compilation No. 3

Compilation date: 4 July 2023

Includes amendments up to: Act No. 50, 2023

Registered: 24 July 2023

About this compilation

This compilation

This is a compilation of the Northern Australia Infrastructure Facility Act 2016 that shows the text of the law as amended and in force on 4 July 2023 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Short title

2 Commencement

3 Objects of this Act

4 Simplified outline of this Act

5 Definitions

5A References to the Minister

Part 2--Northern Australia Infrastructure Facility

6 Establishment

7 Functions of Facility

7A Terms and conditions for provision of financial assistance (other than equity investments) to corporations

8 Time limit for making decisions to provide financial assistance

Part 3--Investment Mandate

9 Investment Mandate

10 Matters covered by Investment Mandate

Part 4--Consideration by Minister

11 Consideration by Minister

12 Process if Minister decides that financial assistance should not be provided

Part 5--Board of the Facility

13 Establishment of Board

14 Functions of Board

15 Appointment of members

16 Acting appointment as Chair

17 Remuneration

18 Leave of absence

19 Other terms and conditions

20 Resignation

21 Termination of appointment

22 Board meetings

22A Secretary may nominate alternate to attend Board meetings

23 Presiding at Board meetings

24 Quorum at Board meetings

25 Voting at Board meetings

26 Conduct of Board meetings

27 Decisions without meetings

Part 6--Administration

28 Chief Executive Officer

29 CEO to act in accordance with policies and directions of Board

30 Appointment of CEO

31 Acting appointment as CEO

32 Remuneration of CEO

33 Leave of absence of CEO

34 Outside employment

35 Other terms and conditions

36 Resignation of CEO

37 Termination of appointment of CEO

38 Staff

39 Consultants

Part 7--Miscellaneous

39A Matters relating to subsidiaries

40 Facility may charge fees

41 Appropriation of Consolidated Revenue Fund

42 Annual report

42A Delegation by Board

43 Review of operation of Act

44 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

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 section  15V of the Legislation Act 2003.

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

Northern Australia Infrastructure Facility Act 2016

41, 2016

4 May 2016

1 July 2016 (s 2(1) item 1)

 

Northern Australia Infrastructure Facility Amendment (Extension and Other Measures) Act 2021

41, 2021

27 May 2021

28 May 2021 (s 2(1) item 1)

--

Climate Change (Consequential Amendments) Act 2022

38, 2022

13 Sept 2022

Sch 1 (items 47-49): 14 Sept 2022 (s 2(1) item 1)

--

Northern Australia Infrastructure Facility Amendment (Miscellaneous Measures) Act 2023

50, 2023

3 July 2023

4 July 2023 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 3.....................

am No 41, 2021; No 50, 2023

s 4.....................

rs No 41, 2021

s 5.....................

am No 41, 2021; No 38, 2022; No 50, 2023

s 5A....................

ad No 41, 2021

Part 2

 

s 7.....................

am No 41, 2021; No 38, 2022; No 50, 2023

s 7A....................

ad No 41, 2021

s 8.....................

am No 41, 2021

Part 3

 

s 9.....................

am No 41, 2021

s 10....................

am No 41, 2021

Part 4

 

s 11....................

am No 41, 2021

Part 5

 

s 13....................

am No 41, 2021

s 15....................

am No 41, 2021

s 17....................

am No 41, 2021

s 18....................

am No 41, 2021

s 19....................

am No 41, 2021

s 20....................

am No 41, 2021

s 21....................

am No 41, 2021

s 22....................

am No 41, 2021

s 22A...................

ad No 41, 2021

s 24....................

am No 41, 2021

Part 7

 

s 39A...................

ad No 41, 2021

s 41....................

am No 41, 2021; No 50, 2023

s 42....................

am No 41, 2021

s 42A...................

ad No 41, 2021

s 43....................

am No 41, 2021

 


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