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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Jobs for NSW Bill 2015 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. Overview of Bill The objects of this Bill are as follows: (a) to facilitate job creation and economic development through jobs creation incentives, (b) to establish Jobs for NSW to provide high level strategic advice to government for the purpose of jobs creation and driving investment in New South Wales. Outline of provisions Part 1 Preliminary Clause 1 sets out the name (also called the short title) of the proposed Act. Clause 2 provides for the commencement of the proposed Act on the date of assent to the proposed Act. Clause 3 sets out the objects of the proposed Act. Clause 4 defines certain words and expressions used in the proposed Act. Part 2 Jobs for NSW Clause 5 establishes Jobs for NSW which is to consist of 7 members. Four members are to be appointed by the Minister for Industry, Resources and Energy and 1 is to be appointed by the Minister for Regional Development. The Secretaries of the Departments of Industry, Skills and Regional Development and of Premier and Cabinet, or their nominees, are the other members. b2015-055-07.d13 Jobs for NSW Bill 2015 [NSW] Explanatory note Clause 6 confers functions on Jobs for NSW, including advising the Minister administering the proposed Act (the Minister) on opportunities for developing the New South Wales economy, identifying opportunities to attract new businesses to New South Wales, advising on impediments and opportunities relating to competitive advantage and developing a strategy for the delivery of cost-effective and strategically targeted support for economic development in New South Wales. Jobs for NSW will also prepare and recommend to the Minister for approval eligibility criteria and assessment criteria for assessment of proposals for which jobs creation incentives may be granted and call for and assess and make recommendations about proposals for which jobs creation incentives may be granted. Clause 7 makes Jobs for NSW subject to the direction and control of the Minister except in relation to the preparation and contents of reports, strategies, recommendations and advice. Clause 8 requires Jobs for NSW to report to the Minister, for each year commencing on 1 July, on particulars of jobs creation incentives paid from the Jobs for NSW Fund in the year and its operations for the year, as well as any other matter it considers it appropriate to report on. The report must be provided by 1 October following the end of the year and may be made wholly or partly publicly available. Clause 9 enables the Minister to appoint advisory committees for Jobs for NSW. Clause 10 enables Jobs for NSW to delegate its functions to persons employed in the Department of Industry, Skills and Regional Development (the Department) or other persons prescribed by the regulations. Clause 11 provides for the employment of public servants as staff for Jobs for NSW. Part 3 Jobs for NSW Fund Clause 12 establishes the Jobs for NSW Fund and provides for jobs creation incentives to be provided for from the Fund. Clause 13 enables the Minister to invest money in the Jobs for NSW Fund. Part 4 Miscellaneous Clause 14 enables the Minister to delegate the Minister's functions under the proposed Act. Clause 15 enables Jobs for NSW to make arrangements to protect confidential commercial information provided by proponents of proposals for jobs creation incentives. Clause 16 makes it clear that a member appointed by a Minister is not prevented from holding other offices at the same time. Clause 17 exempts the Minister, the Secretary of the Department, Jobs for NSW, a member of Jobs for NSW or a person acting under their direction from personal liability for things done or omitted to be done in good faith for the purpose of executing the proposed Act or any other Act that confers functions on Jobs for NSW. Clause 18 enables the Governor to make regulations for the purposes of the proposed Act, including in relation to the term of office of members of Jobs for NSW and its procedures. Clause 19 provides for the review of the proposed Act in 5 years. Schedule 1 Savings, transitional and other provisions Schedule 1 contains savings, transitional and other provisions consequent on the enactment of the proposed Act. Page 2 First print New South Wales Jobs for NSW Bill 2015 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 Part 2 Jobs for NSW 5 Establishment of Jobs for NSW 3 6 Functions of Jobs for NSW 3 7 Ministerial control 4 8 Annual report on operations of Jobs for NSW 4 9 Appointment of advisory committees 4 10 Delegation 5 11 Staff 5 Part 3 Jobs for NSW Fund 12 Jobs for NSW Fund 6 13 Investment of Fund 6 Part 4 Miscellaneous 14 Delegation 7 b2015-055-07.d13 Jobs for NSW Bill 2015 [NSW] Contents Page 15 Disclosure of confidential information 7 16 Effect of certain other Acts 7 17 Personal liability 7 18 Regulations 7 19 Review of Act 8 Schedule 1 Savings, transitional and other provisions 9 Page 2 New South Wales Jobs for NSW Bill 2015 No , 2015 A Bill for An Act with respect to providing incentives for economic development and job creation; to establish Jobs for NSW and the Jobs for NSW Fund; and for other purposes. Jobs for NSW Bill 2015 [NSW] Part 1 Preliminary The Legislature of New South Wales enacts: 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Jobs for NSW Act 2015. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Objects of Act 7 The objects of this Act are as follows: 8 (a) to facilitate the creation of new jobs in New South Wales in a way that is 9 responsive to changes in the economy, 10 (b) to facilitate the development and attraction of new businesses, and the 11 consolidation of existing businesses, in New South Wales, 12 (c) to establish Jobs for NSW to utilise high level private sector business 13 experience to provide strategic advice to government for the purpose of 14 creating jobs and driving investment in New South Wales, 15 (d) to facilitate the provision of innovative, cost-effective and strategically 16 targeted incentives for economic development in New South Wales. 17 4 Definitions 18 (1) In this Act: 19 Department means the Department of Industry, Skills and Regional Development. 20 function includes a power, authority or duty, and exercise a function includes 21 perform a duty. 22 Fund means the Jobs for NSW Fund established under section 12. 23 jobs creation incentive includes a grant of money, a financial guarantee, an 24 investment or the provision of advice or a support program. 25 Jobs for NSW means the body established under section 5. 26 Secretary means the Secretary of the Department. 27 (2) Notes included in this Act do not form part of this Act. 28 Page 2 Jobs for NSW Bill 2015 [NSW] Part 2 Jobs for NSW Part 2 Jobs for NSW 1 5 Establishment of Jobs for NSW 2 (1) There is established by this Act a body with the name Jobs for NSW. 3 (2) Jobs for NSW is to consist of the following 7 members: 4 (a) 4 members appointed by the Minister, 5 (b) 1 member appointed by the Minister for Regional Development, 6 (c) the Secretary of the Department of Industry, Skills and Regional Development 7 or a nominee of that Secretary, 8 (d) the Secretary of the Department of Premier and Cabinet or a nominee of that 9 Secretary. 10 (3) Of the members appointed by the Minister, one is, in and by the instrument of 11 appointment or another instrument, to be appointed Chairperson of Jobs for NSW. 12 (4) In appointing a member, a Minister is to have regard to ensuring that the members of 13 Jobs for NSW as a whole have demonstrated commercial acumen and knowledge of, 14 and senior business experience in, growing jobs and improving industry 15 competitiveness. 16 (5) A member appointed by a Minister holds office as a part-time member. 17 (6) Jobs for NSW may use, and act under, the name Jobs for NSW Board. 18 6 Functions of Jobs for NSW 19 (1) Jobs for NSW has the following functions: 20 (a) to advise the Minister on opportunities for developing the New South Wales 21 economy, 22 (b) to identify opportunities to attract new businesses to New South Wales, 23 (c) to advise the Minister on impediments to, and opportunities for, improving and 24 expanding competitive advantage in New South Wales, 25 (d) to develop a strategy to deliver cost-effective and strategically targeted 26 support for economic development in New South Wales, 27 (e) to call for proposals for which jobs creation incentives may be granted under 28 this Act, to assess proposals and to make recommendations to the Minister 29 about proposals, 30 (f) to prepare and recommend to the Minister for approval criteria for eligibility 31 for jobs creation incentives and for assessment of proposals for which the 32 incentives may be granted, 33 (g) to assess any such proposals according to the eligibility and assessment criteria 34 approved from time to time for that purpose by the Minister and to make 35 recommendations to the Minister about the proposals and approval of jobs 36 creation incentives, 37 (h) to provide advice about business advisory services in New South Wales, 38 (i) to provide advice about employment matters related to the carrying out of its 39 functions, 40 (j) any other functions prescribed by the regulations for the purposes of this 41 section. 42 (2) Jobs for NSW has any other functions that are conferred or imposed on it by or under 43 this or any other Act. 44 Page 3 Jobs for NSW Bill 2015 [NSW] Part 2 Jobs for NSW 7 Ministerial control 1 Jobs for NSW is subject to the direction and control of the Minister, except in relation 2 to the preparation and contents of any report, strategy, recommendation or advice 3 provided to the Minister by Jobs for NSW. 4 8 Annual report on operations of Jobs for NSW 5 (1) Jobs for NSW is to prepare an annual report for each year commencing on 1 July 6 setting out the following: 7 (a) particulars of jobs creation incentives paid for from the Fund during the 8 reporting year, 9 (b) particulars of the total amount of payments made from the Fund for jobs 10 creation incentives for proposals in rural and regional areas outside the 11 metropolitan areas of Sydney, Wollongong and Newcastle, including whether 12 that amount is at least 30% of the total payments made from the Fund for jobs 13 creation incentives, 14 (c) particulars of its operations during the year, 15 (d) any other matter it considers appropriate to report on. 16 (2) The report is to be provided to the Minister not later than 1 October following the end 17 of the year for which the report is prepared. 18 (3) The Minister may make the whole or any part of a report publicly available. 19 9 Appointment of advisory committees 20 (1) The Minister may appoint any advisory committees that the Minister considers 21 appropriate for the purposes of advising Jobs for NSW for the purposes of this Act. 22 (2) Jobs for NSW may make recommendations to the Minister as to the appointment of 23 advisory committees and their functions. 24 (3) An advisory committee has the functions the Minister may from time to time 25 determine for it. 26 (4) Without limiting subsection (3), advisory committees may be appointed to consider 27 issues relating to regional development, innovation and skills. 28 (5) An advisory committee consists of the committee members appointed by the 29 Minister. 30 (6) An advisory committee member holds office for the period specified in the 31 instrument of appointment of the committee member, but the appointment may be 32 terminated by the Minister at any time. 33 (7) One of the advisory committee members, in and by the instrument by which the 34 committee member is appointed or another instrument made by the Minister, is to be 35 appointed as chairperson of the committee. 36 (8) An advisory committee member is entitled to be paid the fees and allowances (if any) 37 determined from time to time by the Minister as to the committee member. 38 (9) Subject to the regulations and any directions of the Minister, the procedure of an 39 advisory committee appointed under this section is to be as determined by the 40 advisory committee. 41 (10) The Minister may dissolve an advisory committee appointed under this section. 42 Page 4 Jobs for NSW Bill 2015 [NSW] Part 2 Jobs for NSW 10 Delegation 1 Jobs for NSW may delegate the exercise of any function of Jobs for NSW under this 2 Act (other than this power of delegation) to: 3 (a) the Secretary or any other person employed in the Department, or 4 (b) any person, or any class of persons, authorised for the purposes of this section 5 by the regulations. 6 11 Staff 7 Persons may be employed in the Public Service under the Government Sector 8 Employment Act 2013 to enable Jobs for NSW to exercise its functions. 9 Note. Section 59 of the Government Sector Employment Act 2013 provides that the persons 10 so employed (or whose services Jobs for NSW makes use of) may be referred to as officers 11 or employees, or members of staff, of Jobs for NSW. 12 Page 5 Jobs for NSW Bill 2015 [NSW] Part 3 Jobs for NSW Fund Part 3 Jobs for NSW Fund 1 12 Jobs for NSW Fund 2 (1) There is to be established in the Special Deposits Account a fund called the Jobs for 3 NSW Fund. 4 (2) The following may be paid into the Fund: 5 (a) all money appropriated by Parliament for the purposes of this Act, 6 (b) all other money received by Jobs for NSW or by the Minister for the purposes 7 of this Act, 8 (c) any fees or charges paid under this Act, 9 (d) all money directed or authorised to be paid into the Fund under this or any 10 other Act, 11 (e) the proceeds of the investment of money in the Fund. 12 (3) The following may be paid out of the Fund: 13 (a) amounts for jobs creation incentives for proposals under this Act, 14 (b) the costs of administering this Act, 15 (c) all money directed or authorised to be paid out of the Fund under this or any 16 other Act. 17 (4) The Minister has control and management of the Fund. 18 13 Investment of Fund 19 The Minister may invest money in the Fund: 20 (a) in any manner that is authorised by the Public Authorities (Financial 21 Arrangements) Act 1987, or 22 (b) if that Act does not confer power on the Minister to invest that money--in any 23 manner authorised for the investment of trust funds. 24 Page 6 Jobs for NSW Bill 2015 [NSW] Part 4 Miscellaneous Part 4 Miscellaneous 1 14 Delegation 2 The Minister may delegate the exercise of any function of the Minister under this Act 3 (other than this power of delegation) to: 4 (a) the Secretary or any other person employed in the Department, or 5 (b) any person, or any class of persons, authorised for the purposes of this section 6 by the regulations. 7 15 Disclosure of confidential information 8 Jobs for NSW may make arrangements for the protection of the confidentiality of 9 commercial information provided by proponents of proposals for jobs creation 10 incentives assessed under this Act. 11 16 Effect of certain other Acts 12 (1) The provisions of the Government Sector Employment Act 2013 relating to the 13 employment of Public Service employees do not apply to a member of Jobs for NSW 14 appointed by a Minister. 15 (2) If by or under any Act provision is made: 16 (a) requiring a person who is the holder of a specified office to devote the whole 17 of his or her time to the duties of that office, or 18 (b) prohibiting the person from engaging in employment outside the duties of that 19 office, 20 the provision does not operate to disqualify the person from holding that office and 21 also the office of a member appointed by a Minister or from accepting and retaining 22 any remuneration payable to the person under this Act as a member. 23 17 Personal liability 24 (1) A matter or thing done or omitted to be done by the Minister, the Secretary, Jobs for 25 NSW, a member of Jobs for NSW or a person acting under the direction of the 26 Minister, the Secretary, Jobs for NSW or a member of Jobs for NSW does not, if the 27 matter or thing was done or omitted to be done in good faith for the purpose of 28 executing this Act (or any other Act that confers functions on Jobs for NSW), subject 29 the Minister, the Secretary, a member of Jobs for NSW or the person so acting 30 personally to any action, liability, claim or demand. 31 (2) However, any such liability attaches instead to the Crown. 32 18 Regulations 33 (1) The Governor may make regulations, not inconsistent with this Act, for or with 34 respect to any matter that by this Act is required or permitted to be prescribed or that 35 is necessary or convenient to be prescribed for carrying out or giving effect to this 36 Act. 37 (2) In particular, regulations may be made for or with respect to the following: 38 (a) the constitution of Jobs for NSW, including the term of office and 39 remuneration of members and vacation of office by members, 40 (b) procedures for disclosure by members of Jobs for NSW of pecuniary interests 41 in matters being considered by Jobs for NSW, 42 (c) general procedures for meetings of Jobs for NSW and the conduct of business 43 at those meetings. 44 Page 7 Jobs for NSW Bill 2015 [NSW] Part 4 Miscellaneous 19 Review of Act 1 (1) The Minister is to review this Act to determine whether the policy objectives of the 2 Act remain valid and whether the terms of the Act remain appropriate for securing 3 those objectives. 4 (2) The review is to be undertaken as soon as possible after the period of 5 years from 5 the date of assent to this Act. 6 (3) A report on the outcome of the review is to be tabled in each House of Parliament 7 within 12 months after the end of the period of 5 years. 8 Page 8 Jobs for NSW Bill 2015 [NSW] Schedule 1 Savings, transitional and other provisions Schedule 1 Savings, transitional and other provisions 1 Part 1 General 2 1 Regulations 3 (1) The regulations may contain provisions of a savings or transitional nature consequent 4 on the enactment of this Act or any Act that amends this Act. 5 (2) Any such provision may, if the regulations so provide, take effect from the date of 6 assent to the Act concerned or a later date. 7 (3) To the extent to which any such provision takes effect from a date that is earlier than 8 the date of its publication on the NSW legislation website, the provision does not 9 operate so as: 10 (a) to affect, in a manner prejudicial to any person (other than the State or an 11 authority of the State), the rights of that person existing before the date of its 12 publication, or 13 (b) to impose liabilities on any person (other than the State or an authority of the 14 State) in respect of anything done or omitted to be done before the date of its 15 publication. 16 Part 2 Provisions consequent on enactment of this Act 17 2 Definition 18 In this Part: 19 existing development funds means money held by or on behalf of the Department or 20 another Public Service agency: 21 (a) for the purposes of the State Investment Attraction Scheme or the Regional 22 Industries Investment Fund established by the Department, or 23 (b) that is specified in writing by the Minister, with the concurrence of the 24 Treasurer, as existing development funds for the purposes of this Part. 25 3 Payments from existing development funds 26 (1) Existing development funds are to be paid into the Jobs for NSW Fund. 27 (2) Existing development funds committed for use for financial assistance for specific 28 purposes before being paid into the Fund must be paid from the Fund for those 29 purposes, unless the Minister, with the concurrence of the Treasurer, otherwise 30 directs. 31 4 Existing assistance applications 32 (1) An application for funding from existing development funds made, but not finally 33 determined, before the funds are paid into the Jobs for NSW Fund is to be determined 34 as if it were a proposal made under this Act. 35 (2) The applicant may, at the request of Jobs for NSW or on the applicant's initiative, 36 amend the application for the purposes of this Act. 37 Page 9 Jobs for NSW Bill 2015 [NSW] Schedule 1 Savings, transitional and other provisions 5 First annual report 1 (1) Jobs for NSW must prepare an annual report in accordance with section 8 for the 2 period commencing on the commencement of this Act and ending on 30 June 3 following that commencement. 4 (2) The report is to be provided to the Minister not later than the following 1 October. 5 Page 10
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