Version No. 006
Southern and Eastern Integrated Transport Authority Act 2003
No. 25 of 2003
Version incorporating amendments as at 10 August 2007
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4The Project
5Act to bind the Crown
Part 2—Southern and Eastern Integrated Transport Authority
Division 1—The Authority
6Establishment of Authority
7Authority represents the Crown
8Accountability
9Membership
10Chairperson
11Vacancies, resignations, removal from office
12Acting appointments
13Person to preside at meetings
14Proceedings of the Authority
15Participation in meetings
16Resolutions without meetings
17Validity of decisions
18Chief executive officer
Division 2—Functions and powers
19Functions
20Powers
21Delegation
22Superannuation
Division 3—Financial
23Money of Authority
24Borrowing, investment and other financial powers
Part 3—Regulations
25Regulations
Part 4—Repealed
26Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 006
Southern and Eastern Integrated Transport Authority Act 2003
No. 25 of 2003
Version incorporating amendments as at 10 August 2007
1
Southern and Eastern Integrated Transport Authority Act 2003
No. 25 of 2003
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to establish the Southern and Eastern Integrated Transport Authority; and
(b)to facilitate the Southern and Eastern Integrated Transport Project.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 31 December 2003, it comes into operation on that day.
3Definitions
In this Act—
Authority means the Southern and Eastern Integrated Transport Authority established by this Act;
member means member of the Authority and includes an acting member;
Project means the project described in section4 or any part of that project.
S. 4 substitutedby No. 14/2005 s.34.
4The Project
s. 4
In this Act, a reference to the Project is a reference to the project for—
(a)an integrated transport corridor connecting the Eastern Freeway to the Frankston Freeway including tunnels under the Mullum Mullum Creek; and
(b)a link with the Ringwood By-Pass; and
(c)the construction of the Dandenong Southern By-Pass.
5Act to bind the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
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Part 2—Southern and Eastern Integrated Transport Authority
Division 1—The Authority
6Establishment of Authority
s. 6
(1)The Southern and Eastern Integrated Transport Authority is established.
(2)The Authority—
(a)is a body corporate with perpetual succession;
(b)has a common seal;
(c)may sue and be sued in its corporate name;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
(3)The common seal of the Authority must be kept as directed by the Authority and must only be used as authorised by the Authority.
(4)All courts must take judicial notice of the common seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
7Authority represents the Crown
In performing its functions and exercising its powers, the Authority represents the Crown.
8Accountability
(1)The Authority is subject to the general direction and control of the Minister.
(2)The Authority is subject to any specific direction given to it by the Minister with the approval of the Treasurer.
9Membership
s. 9
(1)The Authority consists of not less than 3 and not more than 5 part-time members appointed by the Governor in Council on the recommendation of the Minister after consultation with the Treasurer.
(2)A member is appointed for the term, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re-appointment.
(3)A member is appointed on the terms and conditions that are specified in the instrument of appointment.
(4)A member is entitled to be paid the fees, allowances and expenses from time to time determined by the Governor in Council in respect of him or her.
S. 9(5) substitutedby Nos108/2004 s.117(1) (Sch.3 item184.1), 80/2006 s.26(Sch. item96).
(5)The Public Administration Act 2004 (other than Part3 of that Act) applies to a member in respect of the office of member.
10Chairperson
(1)The Governor in Council must appoint one of the members as chairperson of the Authority and may appoint another of the members as deputy chairperson of the Authority.
(2)The chairperson or deputy chairperson may resign from the office of chairperson or deputy chairperson by notice in writing signed by him or her and delivered to the Minister.
11Vacancies, resignations, removal from office
s. 11
(1)The office of a member becomes vacant if the member—
(a)without the Authority's approval, fails to attend 3 consecutive meetings of the Authority; or
(b)becomes an insolvent under administration as defined in section 9 of the Corporations Act; or
(c)is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.
(2)A member may resign from office by notice in writing signed by him or her and delivered to the Minister.
(3)The Governor in Council may remove a member from office.
12Acting appointments
(1)The Governor in Council may appoint a person to act in the place of a member who is absent from duty or who, for any other reason, is unable to perform the duties of the office.
(2)An acting member is appointed for the term, and on such other terms and conditions, as are specified in the instrument of appointment.
(3)A person appointed under subsection (1) has all the powers, and may perform all the duties, of the member for whom he or she is acting.
(4)The Governor in Council may at any time terminate an acting appointment.
13Person to preside at meetings
s. 13
The chairperson of the Authority, or, in his or her absence, the deputy chairperson of the Authority or, in the absence of both of them, a member appointed by the members present, must preside at a meeting of the Authority.
14Proceedings of the Authority
(1)A majority of the members for the time being appointed to the Authority constitutes a quorum of the Authority.
(2)A question arising at a meeting shall be determined by a majority of votes of the members present who are eligible to vote, and vote, on that question and, if voting is equal, the chairperson or other member presiding, has a casting as well as a deliberative vote.
(3)The Authority must ensure that accurate minutes are kept of its meetings.
(4)Subject to this Act, the Authority may regulate its own proceedings.
15Participation in meetings
(1)If all the members who are not absent from duty so agree, a meeting may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the Authority for the purpose of that meeting.
(2)For the purposes of this Act, a member who participates in a meeting held as permitted by subsection (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.
(3)In this section, meeting includes part of a meeting.
16Resolutions without meetings
s. 16
(1)If—
(a)the Authority has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b)a majority of members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have been passed at a meeting of the Authority held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.
(2)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.
(3)If a resolution is deemed by this section to have been passed at a meeting of the Authority, each member must as soon as practicable be advised of the matter and given a copy of the resolution.
17Validity of decisions
An act or decision of the Authority is not invalid—
(a)by reason only—
(i)of a defect or irregularity in, or in connection with, the appointment of a member; or
(ii)of a vacancy in the office of a member; or
(b)on the ground that the occasion for an acting member to act had not arisen or had ceased.
18Chief executive officer
s. 18
(1)The Authority, with the approval of the Minister after consultation with the Treasurer, may appoint a person as chief executive officer of the Authority.
(2)The chief executive officer holds office for such term, not exceeding 5 years, and on such other terms and conditions as are determined by the Authority and specified in the instrument of appointment.
(3)The chief executive officer is entitled to be paid the remuneration and allowances that are specified in his or her instrument of appointment or are fixed from time to time in respect of him or her by the Authority.
(4)The Authority may appoint a person as acting chief executive officer—
(a)during a vacancy in the office of chief executive officer; or
(b)while the chief executive officer is absent from duty or is, for any other reason, unable to perform the duties of the office of chief executive officer.
(5)While a person is acting chief executive officer, he or shehas all the powers, and may perform all the duties, of the chief executive officer.
(6)An acting chief executive officer is appointed on the terms and conditions (including remuneration and allowances) determined by the Authority and specified in the instrument of appointment.
(7)The Authority may at any time terminate an acting appointment.
Division 2—Functions and powers
19Functions
s. 19
The functions of the Authority are—
(a)to facilitate, on behalf of the State, the development of the Project;
(a)to seek and evaluate submissions from persons interested in undertaking the Project;
(c)to negotiate with persons interested in undertaking the Project;
(d)to make recommendations in relation to contractual arrangements between the State and any other person for the development or delivery of the Project;
(e)to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project;
(f)to facilitate and co-ordinate consultations with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project;
(g)to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project;
(h)to make recommendations to the Minister in relation to facilitating the Project and coordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project;
(i)to ensure that agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project are performed in accordance with their terms;
(j)to undertake any other functions that are conferred on the Authority by or under this or any other Act.
20Powers
s. 20
For the purpose of performing its functions, the Authority, in addition to all other powers conferred on it by or under this or any other Act—
(a)may employ or engage staff or consultants;
S. 20(b) amendedby No.108/2004 s.117(1) (Sch.3 item184.2).
(b)may enter into arrangements for the services of persons employed under Part 3 of thePublic Administration Act 2004;
(c)may appoint agents and attorneys, and act as agent;
(d)may do all other things necessary or convenient to be done for, or in connection with, or as incidental to, the performance of its functions.
21Delegation
The Authority may, by instrument under its common seal, delegate—
(a)to a member; or
(b)to the chief executive officer or any employee of the Authority; or
S. 21(c) amendedby No.108/2004 s.117(1) (Sch.3 item184.2).
(c)with the approval of the Minister, to any person employed under Part 3 of thePublic Administration Act 2004—
any power of the Authority, other than this power of delegation.
22Superannuation
s. 22
If the chief executive officer or an employee of the Authority was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Authority.
Division 3—Financial
23Money of Authority
(1)All money received by the Authority must be paid into a banking account established by the Authority.
(2)One or more banking accounts may be held in the name of the Authority.
(3)The Authority may only expend money in accordance with a budget jointly approved by the Minister and the Treasurer.
24Borrowing, investment and other financial powers
(1)The Authority has the powers conferred on it by the Borrowing and Investment Powers Act 1987.
(2)The Authority may, with the approval of the Treasurer, enter into arrangements for the protection of the value of its assets or liabilities against movements in interest rates or currency rates.
s. 24
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Part 3—Regulations
25Regulations
s. 25
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
______
Pt 4 (Heading and s. 26) repealedby No. 28/2007s.3(Sch. item62).
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ENDNOTES
Endnotes
1.General Information
Minister's second reading speech—
Legislative Assembly: 20 March 2003
Legislative Council: 30 April 2003
The long title for the Bill for this Act was "to establish the Southern and Eastern Integrated Transport Authority, to amend the Borrowing and Investment Powers Act 1987 and for other purposes."
The Southern and Eastern Integrated Transport Authority Act 2003 was assented to on 13May 2003 and came into operation on 1 July 2003: Special Gazette No. 118, 17 June 2003 page 1.
2.Table of Amendments
Endnotes
This Version incorporatesamendments made to the Southern and Eastern Integrated Transport Authority Act 2003 by Acts and subordinate instruments.
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Public Administration Act 2004, No.108/2004
Assent Date: / 21.12.04Commencement Date: / S.117(1)(Sch. 3 item 184) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState: / This information relates only to the provision/s amending the Southern and Eastern Integrated Transport Authority Act 2003
Mitcham-Frankston Project (Amendment) Act 2005, No. 14/2005
Assent Date: / 10.5.05Commencement Date: / S. 34 on 11.5.05: s.2
CurrentState: / This information relates only to the provision/s amending the Southern and Eastern Integrated Transport Authority Act 2003
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No.80/2006
Assent Date: / 10.10.06Commencement Date: / S. 26(Sch. item 96) on 11.10.06: s.2(1)
CurrentState: / This information relates only to the provision/s amending the Southern and Eastern Integrated Transport Authority Act 2003
Statute Law Revision Act 2007, No.28/2007
Assent Date: / 26.6.07Commencement Date: / S. 3(Sch. item 62) on 27.6.07: s. 2(1)
CurrentState: / This information relates only to the provision/s amending theSouthern and Eastern Integrated Transport Authority Act 2003
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3.Explanatory Details
Endnotes
No entries at date of publication.
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