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Regional Development Victoria
Amendment (Jobs and Infrastructure)
Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purpose of the Bill which is to amend the Regional
Development Victoria Act 2002 to establish a Regional Jobs
and Infrastructure Fund and Regional Development Advisory
Committee. In order to do this, the Bill repeals the Regional
Growth Fund Act 2011 and makes other minor and
consequential amendments.
Clause 2 is the commencement provision, which provides for the
provisions of the Bill (other than clauses 17 and 18) to come into
operation on a day or days to be proclaimed, or on 14 April 2016
if not proclaimed before that date.
Clause 2 provides separately for the commencement of
clauses 17 and 18. Those clauses make consequential
amendments to the Parliamentary Committees Act 2003.
The commencement of these clauses is dealt with separately
because amendments to that Act are also proposed by another
Bill that is still before the Parliament. That Bill is the
Parliamentary Committees and Inquiries Acts Amendment Bill
2015 ("the PCIAA Bill").
If the current Bill is to come into operation before the PCIAA
Bill, clause 18 should be proclaimed to come into operation first.
Then, when the PCIAA Bill does come into operation, clause 17
should be proclaimed to come into operation. Alternatively, if
581039 1 BILL LA INTRODUCTION 13/4/2015
the PCIAA Bill is in operation by the time the current Bill is
passed, clause 17 should be proclaimed to come into operation,
and clause 18 should remain unproclaimed.
The Bill provides for clauses 17 and 18 to come into operation on
a day or days to be proclaimed. However, it does not provide for
those clauses to come into operation on a specified date in the
event that no proclamation is made. This flexibility is required
given that the date on which the PCIAA Bill will come into
operation is not currently known.
Part 2--Amendment of Regional Development Victoria Act 2002
Clause 3 inserts a new heading "Part 1--Preliminary" before section 1 of
the Regional Development Victoria Act 2002. This heading is
being inserted because that Act is being divided into Parts.
Clause 4 substitutes section 1 of the Regional Development Victoria Act
2002, which sets out the purposes of that Act.
New section 1 sets out the revised purposes of that Act.
The purposes have been revised as a result of the establishment
of the Regional Jobs and Infrastructure Fund and Regional
Development Advisory Committee by this amending Bill.
The purposes of that Act will be--
· to establish Regional Development Victoria to facilitate
economic and community development in rural and
regional Victoria; and
· to establish the Regional Development Advisory
Committee to advise and assist the Minister in relation
to policies, projects and issues related to rural and
regional Victoria; and
· to establish the Regional Jobs and Infrastructure Fund.
Clause 5 inserts new definitions of Council, municipal district, Regional
Development Advisory Committee, Regional Jobs and
Infrastructure Fund, and substitutes the definition of rural and
regional Victoria, in section 3 of the Regional Development
Victoria Act 2002.
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Clause 5 substitutes the definition of rural and regional Victoria.
The new definition of rural and regional Victoria is the same as
the definition of regional Victoria previously in the Regional
Fund Growth Act 2011.
Clause 5 inserts a new section 3(2) to provide that a reference to
rural and regional Victoria includes any other geographical area
prescribed by the regulations, in the circumstances (if any)
prescribed by the regulations. This is the same as previously
provided by section 3(2) of the Regional Growth Fund Act
2011 in relation to the definition of regional Victoria in that Act.
Clause 6 inserts a new heading "Part 2--Regional Development Victoria"
after section 3 of the Regional Development Victoria Act 2002.
Part 2 provides for the establishment and functions of Regional
Development Victoria. This heading is being inserted because
that Act is being divided into Parts.
Clause 7 substitutes section 5(1) of the Regional Development Victoria
Act 2002. New clause 5(1) makes minor grammatical changes,
updates references to the fund and the Committee and amends
section 5(1)(j) to refer specifically to Regional Development
Victoria by name rather than as "the body".
Clause 8 substitutes "Schedule 1 or 2" for "the Schedule" in section 7(3) of
the Regional Development Victoria Act 2002. This amendment
is required as the Act contains two Schedules. Schedule 1
identifies interface councils. Interface councils are councils
located on the edge of metropolitan Melbourne that are
characterised by urban and non-urban or rural areas.
These councils may be included in regional Victoria for specific
circumstances such as emergency management or disaster
recovery. Schedule 2 identifies rural and regional municipal
councils.
Clause 8 also substitutes "Department of Economic
Development, Jobs, Transport and Resources" for "Department
of State Development, Business and Innovation" in section 7(4)
of the Regional Development Victoria Act 2002 to reflect the
change of the name of the department.
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Clause 9 substitutes "Schedule 1 or 2" for "the Schedule" in section 10(2)
of the Regional Development Victoria Act 2002 as the amended
Act will contain two Schedules. Schedule 1 identifies interface
municipal councils (see the clause note for clause 8). Schedule 2
identifies rural and regional municipal councils.
Clause 10 inserts a new section 10A into the Regional Development
Victoria Act 2002. This provision is a re-enactment of
section 15, which is being repealed to facilitate the division of the
Act into Parts. The provision requires Regional Development
Victoria to submit a report to the Minister relating to its operation
and performance during a financial year.
Clause 11 inserts new heading "Part 3--Regional Development Advisory
Committee" before section 11 of the Regional Development
Victoria Act 2002. This heading is being inserted because that
Act is being divided into Parts.
Clause 12 amends section 11 of the Regional Development Victoria Act
2002, which contains the provisions for the establishment of the
Regional Development Advisory Committee.
Subclause (1) substitutes the heading to section 11 of the
Regional Development Victoria Act 2002. Previously the
heading included the name of the Committee. This is no longer
required, as the name of the Committee will appear in the
heading to the Part.
Subclause (2) amends section 11(1) and (2) of the Regional
Development Victoria Act 2002 to refer to the new Regional
Development Advisory Committee rather than the Regional
Policy Advisory Committee which is being abolished.
Clause 13 substitutes section 12 of the Regional Development Victoria
Act 2002. Section 12 previously set out the functions of the
Regional Policy Advisory Committee which is being replaced by
the Regional Development Advisory Committee.
New section 12(1) sets out the functions of the Regional
Development Advisory Committee. The functions are to advise
the Minister on policies, projects and issues related to rural and
regional Victoria, to undertake research in relation to rural and
regional Victoria, to consult with stakeholders and to undertake
other activities relating to rural and regional Victoria as directed
by the Minister.
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New section 12(2) also specifies that the Regional Development
Advisory Committee is to exercise these functions only as
directed by the Minister or with the Minister's approval.
Clause 14 makes minor amendments to section 13 of the Regional
Development Victoria Act 2002.
Subclause (1) substitutes a new heading to that section.
Previously, the heading included the name of the Committee.
This is no longer required, as the name of the Committee will
appear in the heading to the Part.
Subclause (2) amends section 13(1) of the Act to replace the
name of the previous Committee with the name of the new
Committee.
Clause 15 makes minor amendments to section 14 of the Regional
Development Victoria Act 2002.
Subclause (1) substitutes a new heading to that section.
Previously, the heading included the name of the Committee.
This is no longer required, as the name of the Committee will
appear in the heading to the Part.
Subclause (2) amends section 14(1) of the Act to replace the
name of the previous Committee with the name of the new
Committee.
Clause 16 substitutes section 15 of the Regional Development Victoria
Act 2002 with new Parts 4, 5 and 6, consisting of new
sections 15 to 20.
New Part 4 inserts new sections 15 to 18 into the Regional
Development Victoria Act 2002.
New section 15 provides for the establishment of the Regional
Jobs and Infrastructure Fund in the Public Account as part of the
Trust Fund.
New section 16 provides the mechanism for payments into the
Regional Jobs and Infrastructure Fund. New section 16 specifies
that that all money that is appropriated by Parliament for the
purpose of the Fund, all money that is received from the
investment of money in the Fund and any money received from
any other source for the purposes of the Fund must be paid into
the Fund.
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New section 17 provides the mechanism for payments out of the
Regional Jobs and Infrastructure Fund and lists the purposes for
which moneys from the fund can be used.
New section 17(1) specifies that moneys from the Fund are to be
used for the following purposes--
· to provide for better infrastructure, facilities and
services in rural and regional Victoria;
· to strengthen the economic, social and environmental
base of communities in rural and regional Victoria;
· to create jobs and improve career opportunities in rural
and regional Victoria;
· for projects, determined by the Minister, to support the
economic or community development of rural and
regional Victoria.
New section 17(2) provides that a payment made for a purposes
set out in section 17(1) must be authorised by the Minister (if the
amount is for less than $5 million) or if the amount is for more
than $5 million, the payment must be authorised by the Minister
and Treasurer.
New section 17(3) provides for amounts to be paid from the Fund
for the payment of costs and expenses incurred in--
· administering Parts 3 and 4 of the Act; and
· monitoring and reporting on the financial operations and
financial position of the Fund.
New section 18 provides the power for the Minister to delegate
the power to authorise payments under new section 17 to the
Chief Executive of Regional Development Victoria or a person
employed under Part 3 of the Public Administration Act 2004.
New Part 5 makes general provision relating to regulation-
making powers.
New section 19 empowers the Governor in Council to make
regulations under the Regional Development Victoria Act 2002.
Specifically, it provides for the making of regulations that
prescribe geographical areas to be included for the purposes
of the definition of rural and regional Victoria in that Act.
This power was previously provided in the Regional Growth
Fund Act 2011, which is repealed by this Bill.
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New Part 6, consisting of new section 20, sets out the transitional
provisions which are required for the winding up and transfer of
functions, powers and funding arrangements from the Regional
Growth Fund and Regional Policy Advisory Committee to the
new Regional Jobs and Infrastructure Fund and Regional
Development Advisory Committee.
New section 20(1) abolishes the Regional Growth Fund and
provides that all money, property, rights and liabilities of the
Regional Growth Fund transfer to the Regional Jobs and
Infrastructure Fund.
New section 20(2) ensures that all references to the Regional
Growth Fund in Acts, subordinate instruments, agreements and
other documents are, following commencement, taken to be
references to the Regional Jobs and Infrastructure Fund.
New section 20(3) provides that no duty or tax is chargeable
because of anything done by these transitional provisions.
New section 20(4) provides that from the commencement day, all
previously agreed payments from the Regional Growth Fund will
be made from the Regional Jobs and Infrastructure Fund.
New section 20(5) provides that any authorisation given by the
Minister under section 5 of the Regional Growth Fund Act
2011 continues in force, and if it relates to any matter after the
commencement day, is taken to be an authorisation of payment
from the Regional Jobs and Infrastructure Fund.
New section 20(6) specifies that a person will not be in breach of
a contract due to the effect of these transitional provisions.
New section 20(7) provides definitions for commencement day,
liabilities, property, Regional Growth Fund and rights, as they
occur in this new section.
Part 3--Amendment and repeal of other Acts
Clause 17 amends section 3 of the Parliamentary Committees Act 2003
by replacing the definition of regional Victoria with a definition
of rural and regional Victoria. Rural and regional Victoria will
have the same meaning as it has in section 3 of the Regional
Development Victoria Act 2002.
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Clause 17(2) and (3) amend sections 8(2) and 10(d) and 10(e) of
the Parliamentary Committees Act 2003 to replace the words
"regional Victoria" with the words "rural and regional Victoria".
The Parliamentary Committees Act 2003, as amended by the
PCIAA Bill, uses the term "regional Victoria", which is defined
by the Regional Growth Fund Act 2011. This Bill repeals the
Regional Growth Fund Act 2011. The new term is "rural and
regional Victoria". Clause 17 amends the Parliamentary
Committees Act 2003 so that it uses the new term and does not
refer to the repealed Act.
Clause 17 amends the Parliamentary Committees Act 2003 in
the form that Act will take once it is amended by the PCIAA Bill.
The clause note for clause 2 provides further explanation about
the PCIAA Bill and its effect on the commencement dates for this
Bill.
Clause 18 makes provision in the event that the PCIAA Bill is not enacted
at the time that this Bill comes into effect.
If this Bill is enacted prior to the enactment of the PCIAA Bill,
clause 18 must commence prior to clause 17. If the PCIAA Bill
is enacted prior to the enactment of this Bill, clause 18 will not
come into operation.
Currently, the Parliamentary Committees Act 2003 uses the
term "regional Victoria", which is defined by the Regional
Growth Fund Act 2011. This Bill repeals the Regional Growth
Fund Act 2011. The new term is "rural and regional Victoria".
Clause 18 amends the Parliamentary Committees Act 2003, as
it is currently enacted, so that it uses the new term and does not
refer to the repealed Act.
The clause note for clause 2 provides further explanation about
the PCIAA Bill and its effect on the commencement dates for this
Bill.
Clause 19 repeals the Regional Growth Fund Act 2011. The functions
and powers in this Act which are required to be exercised for the
operation of the new Regional Jobs and Infrastructure Fund and
Regional Development Advisory Committee have been
transferred into the Regional Development Victoria Act 2002.
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Part 4--Repeal of amending Act
Clause 20 provides for the automatic repeal of this amending Act on the
first anniversary of its commencement. The repeal of this Act
does not affect in any way the continuing operation of the
amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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