{"id":"C2022A00081","name":"High Speed Rail Authority Act 2022","slug":"high-speed-rail-authority-act-2022","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"81 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436372,"registerId":"C2022A00081-fast-fetch-1775953590029","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"High Speed Rail Authority Act 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nHigh Speed Rail Authority Act 2022\n\n \n\nNo. 81, 2022\n\n \n\n \n\n \n\n \n\n \n\nAn Act to establish the High Speed Rail Authority, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Simplified outline of this Act\n\n4 Definitions\n\n5 Act binds the Crown\n\nPart 2—High Speed Rail Authority\n\nDivision 1—Introduction\n\n6 Simplified outline of this Part\n\nDivision 2—Establishment and functions\n\n7 Establishment\n\n8 Functions\n\n9 Powers\n\n10 Authority does not have privileges and immunities of the Crown\n\nDivision 3—Minister may give directions to the Authority\n\n11 General directions\n\nPart 3—Board of the Authority\n\nDivision 1—Introduction\n\n12 Simplified outline of this Part\n\nDivision 2—Establishment and functions of the Board\n\n13 Establishment of the Board\n\n14 Functions of the Board\n\nDivision 3—Board members\n\n15 Membership\n\n16 Appointment\n\n17 Term of appointment\n\n18 Acting appointments\n\n19 Terms and conditions\n\n20 Remuneration\n\n21 Leave of absence\n\n22 Other paid work\n\n22A Disclosure of interests\n\n23 Resignation\n\n24 Termination of appointment\n\nDivision 4—Meetings of the Board\n\n25 Convening meetings\n\n26 Presiding at meetings\n\n27 Quorum\n\n28 Voting at meetings\n\n29 Conduct of meetings\n\n30 Minutes\n\n31 Decisions without meetings\n\nPart 4—Chief Executive Officer, staff and consultants\n\nDivision 1—Introduction\n\n32 Simplified outline of this Part\n\nDivision 2—Chief Executive Officer\n\n33 Chief Executive Officer\n\n34 Functions of the CEO\n\n35 CEO to act in accordance with directions of Board\n\n36 Appointment\n\n37 Acting appointment\n\n38 Terms and conditions\n\n39 Remuneration\n\n40 Leave of absence\n\n41 Other paid work\n\n42 Disclosure of interests\n\n43 Resignation\n\n44 Termination of appointment\n\nDivision 3—Staff and consultants\n\n45 Staff\n\n46 Consultants\n\nPart 5—Miscellaneous\n\n47 Simplified outline of this Part\n\n48 Corporate plan\n\n49 Review of this Act\n\n50 Rules\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nHigh Speed Rail Authority Act 2022\n\nNo. 81, 2022\n\n \n\n \n\n \n\nAn Act to establish the High Speed Rail Authority, and for related purposes\n\n[Assented to 12 December 2022]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the High Speed Rail Authority Act 2022.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act A single day to be fixed by Proclamation.However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 12 June 2023\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Simplified outline of this Act\n\nThere is to be a High Speed Rail Authority.\n\nThe Authority has functions in relation to the high speed rail network and the high speed rail corridor. The Authority also has functions in relation to a faster rail network and additional corridors for that network.\n\nThe Authority must perform its functions in accordance with directions given by the Minister.\n\nThere is to be a Board of the Authority and a Chief Executive Officer of the Authority.\n\nThe Authority can engage staff and consultants.\n\nThis Act also deals with miscellaneous matters, including reviewing the operation of the Act and the power to make rules.\n\n4  Definitions\n\n  In this Act:\n\nAuthority means the High Speed Rail Authority.\n\nBoard means the Board of the Authority.\n\nBoard member means a member of the Board and includes the Chair.\n\nCEO means the Chief Executive Officer of the Authority.\n\nChair means the Chair of the Board.\n\nfaster rail network means a network of railways in Australia that are not capable of supporting high speed trains.\n\nhigh speed rail corridor means the area through which the high speed rail network will run.\n\nhigh speed rail network means a network of railways that:\n\n (a) are capable, in whole or in part, of supporting high speed trains; and\n\n (b) connect:\n\n (i) Sydney, Melbourne, Brisbane and Canberra; and\n\n (ii) some regional centres on the east coast of Australia or in New South Wales, Victoria or Queensland.\n\nhigh speed train means a vehicle that:\n\n (a) is designed to transport passengers or goods and operates on a railway (including a vehicle that does not have wheels); and\n\n (b) is capable of travelling at speeds exceeding 250 km/hr.\n\npaid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\nrules means rules made under section 50.\n\n5  Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\nPart 2—High Speed Rail Authority\n\nDivision 1—Introduction\n\n6  Simplified outline of this Part\n\nThere is to be a High Speed Rail Authority.\n\nThe Authority’s main functions are the following:\n\n (a) developing policy and planning, consulting relevant parties, giving advice and recommendations and undertaking evaluations and research in relation to the high speed rail network, the high speed rail corridor, a faster rail network and additional rail corridors for a faster rail network;\n\n (b) constructing or extending a railway in a State for the high speed rail network or a faster rail network, with the State’s consent;\n\n (c) constructing or extending a railway in a Territory for the high speed rail network or a faster rail network, with the Territory’s consent.\n\nThe Minister can give general directions to the Authority about the performance of the Authority’s functions.\n\nDivision 2—Establishment and functions\n\n7  Establishment\n\n (1) The High Speed Rail Authority is established by this section.\n\n (2) The Authority:\n\n (a) is a body corporate; and\n\n (b) must have a seal; and\n\n (c) may acquire, hold and dispose of real and personal property; and\n\n (d) may sue and be sued.\n\nNote: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The Authority’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.\n\n8  Functions\n\n (1) The Authority has the following functions:\n\n (a) to:\n\n (i) lead and coordinate policy development and planning; and\n\n (ii) consult, liaise and negotiate with States and Territories and other relevant parties; and\n\n (iii) provide advice and recommendations to the Minister and other relevant parties (including advice and recommendations on environmental matters and interconnectedness); and\n\n (iv) undertake evaluations and research and gather information;\n\n  in relation to the high speed rail network, the high speed rail corridor, a faster rail network and additional rail corridors for a faster rail network;\n\n (b) if the Commonwealth obtains a State’s consent, in accordance with paragraph 51(xxxiv) of the Constitution, to the construction or extension of a railway in the State for the high speed rail network or a faster rail network—to construct or extend the railway in the State for that network;\n\n (c) if the Commonwealth obtains a Territory’s consent to the construction or extension of a railway in the Territory for the high speed rail network or a faster rail network—to construct or extend the railway in the Territory for that network;\n\n (d) any other functions conferred on the Authority by this Act or any other Commonwealth law;\n\n (e) any other functions that are prescribed by rules made for the purposes of this paragraph;\n\n (f) to do anything incidental to, or conducive to, the performance of the above functions.\n\nNote: Planning by the Authority may include transport and land use planning.\n\n (2) Rules made for the purposes of paragraph (1)(e) must specify the legislative power or powers of the Parliament in respect of each function of the Authority that is prescribed.\n\n9  Powers\n\n (1) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n (2) The Authority’s powers include, but are not limited to, the power to enter into contracts and agreements.\n\n10  Authority does not have privileges and immunities of the Crown\n\n  The Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.\n\nDivision 3—Minister may give directions to the Authority\n\n11  General directions\n\n (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of its functions.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) A direction under subsection (1) must be of a general nature only.\n\n (3) The Authority must comply with a direction under subsection (1).\n\nPart 3—Board of the Authority\n\nDivision 1—Introduction\n\n12  Simplified outline of this Part\n\nThere is to be a Board of the Authority.\n\nThe Board’s main functions are:\n\n (a) to decide, within the scope of any directions given to the Authority, the strategies and policies to be followed by the Authority; and\n\n (b) to ensure the proper, efficient and effective performance of the Authority’s functions.\n\nThe Minister appoints Board members, including the Chair.\n\nThe Board is to hold meetings, as necessary, for the performance of its functions.\n\nDivision 2—Establishment and functions of the Board\n\n13  Establishment of the Board\n\n  The Board of the High Speed Rail Authority is established by this section.\n\n14  Functions of the Board\n\n (1) The functions of the Board are:\n\n (a) to decide, within the scope of any directions given to the Authority under section 11, the strategies and policies to be followed by the Authority; and\n\n (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n\n (c) any other functions conferred on the Board by this Act.\n\n (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\nDivision 3—Board members\n\n15  Membership\n\n  The Board consists of the following members:\n\n (a) a Chair;\n\n (b) 4 other members.\n\n16  Appointment\n\n (1) Board members are to be appointed by the Minister by written instrument.\n\nNote: Board members may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) The Chair may be appointed on a full‑time or part‑time basis.\n\n (3) Other Board members are to be appointed on a part‑time basis.\n\n (4) A person must not be appointed as a Board Member unless the Minister is satisfied that:\n\n (a) the person has appropriate qualifications, knowledge, skills or experience; and\n\n (b) the selection of the person for the appointment is the result of a process that:\n\n (i) was merit-based; and\n\n (ii) included public advertising of the position.\n\n (5) Paragraph (4)(b) does not prevent the Minister:\n\n (a) taking affirmative action in relation to the appointment of women to positions; or\n\n (b) taking into consideration appropriate representation among the States, Territories and local government areas in relation to appointments to positions.\n\n (6) Paragraph (4)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as a Board Member under a previous appointment under subsection (1).\n\n17  Term of appointment\n\n  A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n18  Acting appointments\n\n (1) The Minister may, by written instrument, appoint a Board member to act as the Chair:\n\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n\n (b) during any period, or during all periods, when the Chair:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\n (2) The Minister may, by written instrument, appoint a person to act as a Board member (other than the Chair):\n\n (a) during a vacancy in the office of a Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n\n (b) during any period, or during all periods, when a Board member (other than the Chair):\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\nNote: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n19  Terms and conditions\n\n  A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n20  Remuneration\n\n (1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Board member is to be paid the remuneration that is prescribed by the rules.\n\n (2) A Board member is to be paid the allowances that are prescribed by the rules.\n\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n21  Leave of absence\n\nChair\n\n (1) If the Chair is appointed on a full‑time basis:\n\n (a) the Chair has the recreation leave entitlements that are determined by the Remuneration Tribunal; and\n\n (b) the Minister may grant the Chair leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n (2) If the Chair is appointed on a part‑time basis, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\nOther Board members\n\n (3) The Chair may grant leave of absence to any other Board member on the terms and conditions that the Chair determines.\n\n (4) The Chair must notify the Minister if the Chair grants another Board member leave of absence for a period that exceeds 6 months.\n\n22  Other paid work\n\n (1) If the Chair is appointed on a full‑time basis, the Chair must not engage in paid work outside the duties of the Chair’s office without the Minister’s approval.\n\n (2) A Board member who is appointed on a part‑time basis must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the member’s duties.\n\n22A  Disclosure of interests\n\n (1) A disclosure by a Board Member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Board member is taken not to have complied with section 29 of that Act if the Board member does not comply with subsection (1) of this section.\n\n23  Resignation\n\n (1) A Board member may resign the Board member’s appointment by giving the Minister a written resignation.\n\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n24  Termination of appointment\n\n  The Minister may terminate the appointment of a Board member:\n\n (a) for misbehaviour; or\n\n (b) if the Board member is unable to perform the duties of the member’s office because of physical or mental incapacity; or\n\n (c) if the Board member:\n\n (i) becomes bankrupt; or\n\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n\n (iii) compounds with the Board member’s creditors; or\n\n (iv) makes an assignment of the Board member’s remuneration for the benefit of the Board member’s creditors; or\n\n (d) for a Chair appointed on a full‑time basis—if:\n\n (i) the Chair is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n (ii) the Chair engages, except with the Minister’s approval, in paid work outside the duties of the Chair’s office (see subsection 22(1)); or\n\n (e) for a Board member appointed on a part‑time basis—if:\n\n (i) the Board member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n\n (ii) the Board member engages in paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the Board member’s duties (see subsection 22(2)).\n\nNote: The appointment of a Board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\nDivision 4—Meetings of the Board\n\n25  Convening meetings\n\n (1) The Board must hold such meetings as are necessary for the efficient performance of its functions.\n\n (2) The Chair:\n\n (a) may convene a meeting at any time; and\n\n (b) must convene at least 4 meetings each calendar year; and\n\n (c) must convene a meeting within 30 days after receiving a written request to do so from:\n\n (i) 3 or more other members; or\n\n (ii) the Minister.\n\n (3) Paragraph (2)(b) does not apply in relation to the calendar year in which this Act commences.\n\n26  Presiding at meetings\n\n (1) The Chair must preside at all meetings at which the Chair is present.\n\n (2) If the Chair is not present at a meeting, the other Board members present must appoint one of themselves to preside.\n\n27  Quorum\n\n (1) At a meeting of the Board, a quorum is constituted by a majority of Board members.\n\n (2) However, if:\n\n (a) a Board member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n\n (b) when the Board member leaves the meeting concerned there is no longer a quorum present;\n\nthe remaining Board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n28  Voting at meetings\n\n (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the Board members present and voting.\n\n (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n29  Conduct of meetings\n\n  The Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\nNote: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Board members may participate in meetings.\n\n30  Minutes\n\n  The Board must keep minutes of its meetings.\n\n31  Decisions without meetings\n\n (1) The Board is taken to have made a decision at a meeting if:\n\n (a) without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and\n\n (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n\n (c) all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the Board members of the proposed decision.\n\n (2) Subsection (1) applies only if the Board:\n\n (a) has determined that it may make decisions of that kind without meeting; and\n\n (b) has determined the method by which Board members are to indicate agreement with proposed decisions.\n\n (3) For the purposes of paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the Board member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n\n (4) The Board must keep a record of decisions made in accordance with this section.\n\nPart 4—Chief Executive Officer, staff and consultants\n\nDivision 1—Introduction\n\n32  Simplified outline of this Part\n\nThere is to be a Chief Executive Officer of the Authority.\n\nThe CEO is responsible for the day‑to‑day administration of the Authority.\n\nThe staff of the Authority are employed under the Public Service Act 1999 and the Authority can also engage consultants.\n\nDivision 2—Chief Executive Officer\n\n33  Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the High Speed Rail Authority.\n\n34  Functions of the CEO\n\n (1) The CEO is responsible for the day‑to‑day administration of the Authority.\n\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n\n (3) The CEO is to act in accordance with policies and strategies determined by the Board.\n\n35  CEO to act in accordance with directions of Board\n\n (1) The Board may give written directions to the CEO, not inconsistent with any direction given to the Authority under section 11, about the performance of the CEO’s duties.\n\n (2) The CEO must comply with a direction under subsection (1).\n\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n\n (4) A direction under subsection (1) is not a legislative instrument.\n\n36  Appointment\n\n (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\nNote: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) The CEO is to be appointed on a full‑time basis.\n\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (4) The CEO must not be a Board member.\n\n (5) A person must not be appointed as the CEO unless the Board is satisfied that:\n\n (a) the person has appropriate qualifications, knowledge, skills or experience; and\n\n (b) the selection of the person for the appointment is the result of a process that:\n\n (i) was merit-based; and\n\n (ii) included public advertising of the position.\n\n (6) Paragraph (5)(b) does not prevent the Board:\n\n (a) taking affirmative action in relation to the appointment of women to the position; or\n\n (b) taking into consideration appropriate representation among the States, Territories and local government areas in relation to an appointment to the position.\n\n (7) Paragraph (5)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the CEO under a previous appointment under subsection (1).\n\n37  Acting appointment\n\n  The Board may, by written instrument and after consultation with the Minister, appoint a person (other than a Board member) to act as the CEO:\n\n (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n\n (b) during any period, or during all periods, when the CEO:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\nNote: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n38  Terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n39  Remuneration\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n40  Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n\n (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n41  Other paid work\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Chair’s approval.\n\n42  Disclosure of interests\n\n (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Board.\n\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n43  Resignation\n\n (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n\n (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n44  Termination of appointment\n\n (1) The Board may terminate the appointment of the CEO:\n\n (a) for misbehaviour; or\n\n (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity; or\n\n (c) if the CEO:\n\n (i) becomes bankrupt; or\n\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n\n (iii) compounds with the CEO’s creditors; or\n\n (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n (e) if the CEO engages, except with the Chair’s approval, in paid work outside the duties of the CEO’s office (see section 41); or\n\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n (2) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\nDivision 3—Staff and consultants\n\n45  Staff\n\n (1) The staff of the Authority must be persons engaged under the Public Service Act 1999.\n\n (2) For the purposes of the Public Service Act 1999:\n\n (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n\n (b) the CEO is the Head of that Statutory Agency.\n\n46  Consultants\n\n  The Authority may engage consultants to assist in the performance of its functions.\n\nPart 5—Miscellaneous\n\n \n\n47  Simplified outline of this Part\n\nThis Part deals with miscellaneous matters, including additional requirements for the Authority’s corporate plan, reviewing the operation of the Act and the power to make rules.\n\n48  Corporate plan\n\n  In preparing or varying a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013, the Board must consult with:\n\n (a) the Minister; and\n\n (b) such of the following as it considers appropriate:\n\n (i) government, commercial, industrial, consumer and other relevant bodies and organisations;\n\n (ii) investors in infrastructure and owners of infrastructure.\n\n49  Review of this Act\n\n (1) At least once every 10 years, the Minister must cause a review of the operation of this Act and the rules to be undertaken.\n\n (2) The persons undertaking the review must give the Minister a written report of the review.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n50  Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n (2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n\n (e) directly amend the text of this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 8 September 2022\n\nSenate on 21 November 2022]\n\n \n\n(80/22)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act itself states the Authority's scope: lead policy, planning, advice, research and, subject to State/Territory consent, construct or extend high‑speed and faster rail. No text in the Act indicates a narrowing or expansion beyond those stated functions."},"complexity_factors":["Establishment of a new corporate Commonwealth entity with PGPA Act obligations (s7 and note) creates public‑resource and reporting compliance.","Construction powers are conditional on obtaining State or Territory consent under s51(xxxiv) (s8(b)–(c)), requiring intergovernmental negotiation and constitutional justification.","Minister may issue general written directions by legislative instrument and the Act notes limits on disallowance/sunsetting (s11 and accompanying note), affecting executive oversight and parliamentary scrutiny.","Board composition, merit‑based appointment and public‑advertising requirements, plus Ministerial appointment and termination powers, create hybrid accountability and political discretion (ss15–16, 19, 24).","CEO is appointed by the Board after Ministerial consultation, with limits on reappointment and interaction with the Public Service Act, producing layered appointment rules (ss33–36, 45).","Rules may be made by legislative instrument with express prohibitions (cannot create offences, arrest powers, taxes, appropriate funds, or amend the Act directly) (s50), constraining delegated rule‑making.","Multiple cross‑references to other statutes (Public Governance, Performance and Accountability Act 2013; Public Service Act 1999; Remuneration Tribunal Act 1973) increase legal interactions and administrative complexity (notes and ss7,20,39,45).","Disclosure obligations and conflict‑of‑interest rules tie into PGPA reporting and internal rules (ss22A, 42), adding compliance obligations for Board members and the CEO.","Governance mechanics (quorum rules, decision‑without‑meeting provisions, acting appointments, remuneration and leave entitlements) introduce procedural detail that affects operational flexibility (ss17–31, 36–44).","Statutory review every 10 years and mandated consultation for corporate plans create ongoing administrative and stakeholder engagement requirements (ss48–49)."],"plain_english_summary":"This Act creates the High Speed Rail Authority, a corporate Commonwealth body to lead policy, planning, advice, research and consultation for high‑speed and faster rail networks and corridors, and—if States or Territories consent—to construct or extend those railways. The Minister may give general written directions; a Minister‑appointed Board and a Board‑appointed CEO run governance and day‑to‑day operations, with staff employed under the Public Service Act. It matters because it centralises federal coordination while making construction powers conditional on intergovernmental consent."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the High Speed Rail Authority with functions limited to planning, coordinating, and potentially constructing high-speed and faster rail networks on the east coast. The scope has not expanded beyond this infrastructure mandate."},"complexity_factors":["Straightforward establishment structure with clear separation between Board (governance) and CEO (operations)","Only 8 defined terms in section 4, all clearly explained","Minimal cross-referencing — primarily to the Public Governance, Performance and Accountability Act 2013 and Public Service Act 1999 for standard corporate and employment matters","No nested exceptions or complex conditional logic; most provisions are direct statements of power or straightforward procedural rules","Standard governance provisions (meetings, quorum, voting) follow familiar patterns seen in many Commonwealth statutes","Rules-making power at section 50 is explicitly limited to prevent creation of offences, penalties, or taxes — reducing uncertainty about delegated powers"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new government body called the **High Speed Rail Authority** to plan, develop, and potentially build fast train networks on Australia's east coast.\n\n**Who it affects:**\n\n- **The public** — anyone who might use high-speed rail between Sydney, Melbourne, Brisbane and Canberra, plus regional centres\n- **State and Territory governments** — they must consent before the Authority can build railways in their jurisdictions\n- **Industry and investors** — the Authority will consult with infrastructure owners and potential investors\n\n**Key things the Authority can do:**\n\n- **Plan and coordinate** policy for high-speed rail (trains over 250 km/h) and \"faster rail\" (upgraded conventional lines)\n- **Consult and negotiate** with states, territories and other parties\n- **Give advice** to the Minister on environmental matters and how rail connects with other transport\n- **Build railways** — but only with the consent of the relevant State or Territory\n- **Research and evaluate** options for the high-speed rail corridor and faster rail networks\n\n**How it's run:**\n\n- A **Board** of 5 members (including a Chair) sets strategy and ensures the Authority runs properly\n- A **Chief Executive Officer** handles day-to-day operations\n- **Staff** are public servants employed under standard Commonwealth public service rules\n- The **Minister** can give general directions to the Authority and appoints Board members\n\n**Why it matters:**\n\nThis creates the institutional framework for what could be Australia's biggest infrastructure project — a fast rail network connecting major east coast cities. Rather than leaving planning scattered across different departments, this establishes a dedicated body with the legal power to acquire property, enter contracts, and actually build rail lines (with state consent). It also provides a mechanism for ongoing planning of \"faster rail\" upgrades to existing lines, which could deliver benefits sooner than a full high-speed network."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/high-speed-rail-authority-act-2022","history":"/api/acts/high-speed-rail-authority-act-2022/history","analysis":"/api/acts/high-speed-rail-authority-act-2022/analysis","conflicts":"/api/acts/high-speed-rail-authority-act-2022/conflicts","importantCases":"/api/acts/high-speed-rail-authority-act-2022/important-cases","documents":"/api/acts/high-speed-rail-authority-act-2022/documents"}}