[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 28
As laid on the table and read a first time, 13 October 2004
South Australia
Parliamentary
Committees (Public Works) Amendment Bill 2004
A Bill For
An Act to amend the Parliamentary Committees
Act 1991; and to make related amendments to the South Australian
Ports (Disposal of Maritime Assets) Act 2000.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Parliamentary Committees Act 1991
4 Amendment of section 3—Interpretation
5 Amendment of section 12C—Functions
of Committee
6 Substitution of section 16A
16A Notification and reference of certain
public works to Public Works Committee
Schedule 1—Related amendment and transitional provision
Part 1—Amendment of South
Australian Ports (Disposal of Maritime Assets) Act 2000
1 Amendment of South Australian Ports
(Disposal of Maritime Assets) Act 2000
Part 2—Transitional provision
2 Transitional
provision
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Parliamentary Committees (Public
Works) Amendment Act 2004.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Parliamentary Committees Act 1991
4—Amendment of section 3—Interpretation
(1) Section 3, definition of construction—delete
the definition and substitute:
computing software development project means a computing project in which more
than 30 per cent of the cost of the project is attributable to work involved in
the development or modification of software;
construction means—
(a) construction of a building or structure; or
(b) making repairs or improvements or other physical changes to
a building, structure or land,
and includes the acquisition and installation of fixtures, plant
or equipment when carried out as part of, or in conjunction with, work referred
to in paragraph (a) or (b), but does not include ongoing or regular maintenance
of a building or structure;
(2) Section 3—after the definition of publicly
funded body insert:
public funds means money provided by Parliament or a
State instrumentality;
(3) Section 3, definition of public work—delete
the definition and substitute:
public work means—
(a) a construction project for a public purpose in which—
(i) the cost of the
project is wholly or partly met from public funds; or
(ii) construction is wholly or partly carried out on land of the
Crown or a State instrumentality; or
(iii) construction is wholly or partly carried out under a
contract with the Crown or a State instrumentality; or
(b) a computing software development project for a public
purpose in which the cost of the project is wholly or partly met from public
funds;
(4) Section
3, definition of work—delete the definition
5—Amendment of section 12C—Functions of Committee
Section 12C(a)—delete
paragraph (a) and substitute:
(a) to inquire into, consider and report on any public work
referred to it by or under this Act, including—
(i) the stated purpose
of the public work;
(ii) the necessity or advisability of carrying out the public
work;
(iii) where
a claimed benefit of carrying out the public work is the generation of revenue
or savings, the revenue or savings that it might reasonably be expected will be
generated;
(iv) the public benefits that it might reasonably be expected
will result from carrying out the public work;
(v) the recurrent or whole-of-life costs associated with
carrying out the public work, including costs arising out of financial
arrangements;
(vi) the estimated net effect on the Consolidated Account or the
funds of a statutory authority of carrying out the public work;
(vii) the efficiency and rate of progress achieved in carrying out
the public work, and the reasons for any expenditure beyond the estimated cost
of the public work;
(ab) to inquire into, consider and report on any
project referred to it by the Governor by notice in the Gazette;
Section 16A—delete the section and
substitute:
16A—Notification
and reference of certain public works to Public Works Committee
(1) The Minister with responsibility for a
proposed public work must ensure that the Public Works Committee is notified of
the public work, as soon as practicable, if it is reasonably estimated that the
future cost of the public work will exceed—
(a) $1
000 000; or
(b) if an amount is fixed by proclamation for the purposes of
this subsection—that amount.
(2) Subject to this section, a proposed public
work is referred to the Public Works Committee by force of this section if it
is reasonably estimated that an amount will be applied from public funds to the
future cost of the public work that exceeds—
(a) $10
000 000; or
(b) if an amount is fixed by proclamation for the purposes of
this subsection—that amount.
(3) No
public funds may be applied towards the cost of the development stage of a
public work to which subsection (2) applies unless the Public Works
Committee has inquired into the public work and a final report on the public
work has been presented to the Committee's appointing House or has been
published under section 17(7).
(4) Subsection (2) does not apply to a
construction project if—
(a) the
Minister has exempted the project from the subsection on the ground that the
project is to be wholly or partly funded by, or carried out under a contract
with, the Superannuation Funds Management Corporation of South Australia; or
(b) the Minister has exempted the project from the subsection on
the ground that the project is substantially similar to another project that
has been referred to the Public Works Committee by force of this section and
the Committee has agreed to the exemption of the project.
(5) Subsection (3)
does not apply to a public work if the Minister has, after the commencement of
the Public Works Committee's inquiry into the public work, exempted the public
work from the subsection with the agreement of the Committee, subject to any
conditions required or agreed to by the Committee.
(6) In estimating the future cost of a public
work—
(a) any
amounts that will be payable by way of taxes or charges in the carrying out of
the public work are to be excluded to the extent that the amounts will be
refundable to the State or a State instrumentality; and
(b) if
an arrangement will apply to the carrying out of the public work under which
assets of the State or a State instrumentality will be transferred or made
available to a contractor, an amount must be included equivalent to any saving
that will be gained by the contractor from the arrangement, measured according
to what would be the reasonable market cost of acquiring the assets, or as the
case may require, acquiring the use of the assets.
(7) The
Governor may, from time to time, by proclamation, fix an amount for the
purposes of subsection (1), provided that the amount does not exceed
$1 000 000 multiplied by the relevant indexation factor.
(8) The
Governor may, from time to time, by proclamation, fix an amount for the purposes
of subsection (2), provided that the amount does not exceed
$10 000 000 multiplied by the relevant indexation factor.
(9) In this section—
CPI
means the Consumer Price Index (All Groups) for the City of Adelaide published
by the Australian Bureau of Statistics;
development stage of a public work means the stage after
completion of processes in the project associated with planning, preparing
designs or specifications, acquiring land (if relevant) and tendering or
contracting;
relevant indexation factor means 1 or the quotient obtained by
dividing the CPI last published by the Australian Bureau of Statistics before
the date of the proclamation by the CPI for the quarter ending 31 December
2004, whichever is the greater.
Schedule 1—Related amendment and transitional provision
Part 1—Amendment
of South Australian Ports (Disposal of Maritime Assets) Act 2000
1—Amendment of South Australian Ports (Disposal of Maritime Assets) Act 2000
Section 37(a) and (b)—delete paragraphs
(a) and (b) and substitute:
it is a public work to which section 16A(2) of that Act
applies.
Part 2—Transitional
provision
(1) The
amendments made by this Act to the Parliamentary Committees Act 1991
do not apply to a public work if the development stage of the public work has
commenced before the commencement of this Act or if a contract has been made
before the commencement of this Act by the Crown or a State instrumentality for
the carrying out of work involved in the development stage of the public work.
(2) Terms used in subclause (1) that are defined in the Parliamentary Committees Act 1991 have the same respective meanings as in that Act.