{"id":"infrastructure-victoria-act-2015","name":"Infrastructure Victoria Act 2015","slug":"infrastructure-victoria-act-2015","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173467,"registerId":"vic-infrastructure-victoria-act-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Infrastructure Victoria Act 2015","content":"Version No. 002\n\n**Infrastructure Victoria Act 2015**\n\n**No. 38 of 2015**\n\nVersion incorporating amendments as at  \n1 January 2017\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Act binds the Crown 2\n\nPart 2—Infrastructure Victoria 3\n\nDivision 1—Establishment, functions and powers 3\n\n5 Infrastructure Victoria 3\n\n6 Official seal 3\n\n7 Object of Infrastructure Victoria 3\n\n8 Functions of Infrastructure Victoria 4\n\n9 Powers of Infrastructure Victoria 5\n\n10 Performance of functions 5\n\n11 Extra territoriality 5\n\nDivision 2—Board of Infrastructure Victoria 6\n\n12 Board of directors 6\n\n13 Appointed directors 6\n\n14 Qualifications and eligibility 7\n\n15 Vacancies, resignations, removal from office 8\n\n16 Acting appointments 9\n\n17 Validity of acts or decisions 11\n\n18 Application of the Public Administration Act 2004 to directors 11\n\n19 Proceedings of board 11\n\n20 Resolutions without meetings 12\n\n21 No remuneration for statutory directors 13\n\nDivision 3—General provisions relating to Infrastructure Victoria 13\n\n22 Infrastructure Victoria not subject to direction or control 13\n\n23 Infrastructure Victoria may request information to perform its functions 13\n\n24 Obligations of public entities and public service bodies 14\n\n25 Infrastructure Victoria must seek consent before disclosing confidential information 14\n\n26 Conflicts of interest or duties 14\n\n27 Chief executive officer 15\n\n28 Staff of Infrastructure Victoria 16\n\n29 Infrastructure Victoria may engage consultants 16\n\n30 Indemnity 17\n\n31 Delegation by Infrastructure Victoria 17\n\nPart 3—Infrastructure strategy, planning and advice 18\n\nDivision 1—30-year infrastructure strategy 18\n\n32 Preparation of 30-year infrastructure strategy 18\n\n33 Content of 30-year infrastructure strategy 18\n\n34 Public consultation on a draft 30-year infrastructure strategy 19\n\n35 Transmission of 30-year infrastructure strategy to Parliament 20\n\n36 Infrastructure Victoria must review and update the 30-year infrastructure strategy every 3 to 5 years 21\n\nDivision 2—Government response and 5-year infrastructure plan 21\n\n37 Government response to 30-year infrastructure strategy 21\n\n38 Preparation of 5-year infrastructure plan 22\n\n39 Content of 5-year infrastructure plan 22\n\n40 Minister may require Infrastructure Victoria to provide information for preparing the Government response or 5-year infrastructure plan 23\n\n41 Minister may submit draft 5-year infrastructure plan to Infrastructure Victoria for advice 23\n\n42 Laying of 5-year infrastructure plan before Parliament 24\n\n43 Infrastructure Victoria must include progress report on 5-year infrastructure plan in annual report 24\n\nDivision 3—Advice to the Minister 24\n\n44 Minister may request advice from Infrastructure Victoria 24\n\n45 Restrictions on publication of advice by Infrastructure Victoria 25\n\n46 Minister may publish advice from Infrastructure Victoria 25\n\nPart 4—General provisions 27\n\n47 Delegation by Minister 27\n\n══════════════\n\nEndnotes 28\n\n1 General information 28\n\n2 Table of Amendments 30\n\n3 Amendments Not in Operation 31\n\n4 Explanatory details 32\n\n**Version No.** **002**\n\n**Infrastructure Victoria Act 2015**\n\n**No. 38 of 2015**\n\nVersion incorporating amendments as at  \n1 January 2017\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to establish Infrastructure Victoria, having the object and functions set out in this Act; and\n\n(b) to establish a new strategic infrastructure planning process in Victoria.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act has not come into operation before 1 January 2016, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***5-year infrastructure plan*** means the plan prepared in accordance with Division 2 of Part 3 and as in force from time to time after it is prepared or amended;\n\n***30-year infrastructure strategy*** means the strategy prepared in accordance with Division 1 of Part 3 and as in force from time to time after it is reviewed and updated;\n\n***appointed director*** means a person appointed to the board under section 13;\n\n***board*** means the board of directors of Infrastructure Victoria;\n\n***chairperson*** means an appointed director appointed as chairperson under section 13;\n\n***chief executive officer*** means the chief executive officer of Infrastructure Victoria appointed under section 27;\n\n***Department*** has the same meaning as in the **Public Administration Act 2004**;\n\n***Department Head*** has the same meaning as in the **Public Administration Act 2004**;\n\n***deputy chairperson*** means an appointed director appointed as deputy chairperson under section 13;\n\n***director*** means an appointed director or a statutory director;\n\n***Government response*** means the response prepared in accordance with section 37;\n\n***Infrastructure Victoria*** means the body corporate established under section 5;\n\n***public entity*** has the same meaning as in **Public Administration Act 2004**;\n\n***public service body*** has the same meaning as in the **Public Administration Act 2004**;\n\n***statutory director*** means a Department Head who is on the board under section 12(2)(d).\n\n\t4 Act binds the Crown\n\nThis Act binds the Crown, in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—Infrastructure Victoria\n\nDivision 1—Establishment, functions and powers\n\n\t5 Infrastructure Victoria\n\n(1) Infrastructure Victoria is established.\n\n(2) Infrastructure Victoria—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has an official seal; and\n\n(c) may sue and be sued; and\n\n(d) may acquire, hold and dispose of real and personal property; and\n\n(e) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n\t6 Official seal\n\n(1) The official seal of Infrastructure Victoria must—\n\n(a) be kept in such custody as Infrastructure Victoria directs; and\n\n(b) not be used except as authorised by Infrastructure Victoria.\n\n(2) All courts must take judicial notice of the official seal of Infrastructure Victoria affixed to any document.\n\n\t7 Object of Infrastructure Victoria\n\nThe object of Infrastructure Victoria is to provide independent and expert advice about Victoria's current and future infrastructure needs and priorities to support improved social, economic and environmental outcomes for the State.\n\n\t8 Functions of Infrastructure Victoria\n\nThe functions of Infrastructure Victoria are—\n\n(a) to prepare and publish a 30-year infrastructure strategy that assesses the current state of infrastructure in Victoria and identifies Victoria's infrastructure needs and priorities for the next 30 years; and\n\n(b) to provide written advice to the Minister on infrastructure matters as requested under section 44; and\n\n(c) to provide support as requested during the development of sectoral infrastructure strategies by public service bodies or public entities; and\n\n**Note**\n\nThe transport plan that must be prepared under section 63 of the **Transport Integration Act 2010** is an example of a sectoral infrastructure strategy.\n\n(d) to undertake and publish research on matters relating to infrastructure, including—\n\n(i) impediments to delivery; and\n\n(ii) improving the measurement of costs and benefits; and\n\n(iii) financing and funding models; and\n\n(iv) policy and reform issues; and\n\n(v) infrastructure policy issues arising from climate change, such as the measurement of greenhouse gas emissions produced by infrastructure; and\n\n(e) to perform any other function conferred under any other Act or regulations under any other Act.\n\n\t9 Powers of Infrastructure Victoria\n\nInfrastructure Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of Infrastructure Victoria and the performance of its functions.\n\n\t10 Performance of functions\n\n(1) In the performance of its functions, Infrastructure Victoria—\n\n(a) is not required to act in a formal manner; and\n\n(b) may inform itself on any matter in any way it thinks fit; and\n\n(c) may consult with anyone it thinks fit, including academics and professional bodies; and\n\n(d) may receive written or oral information or submissions; and\n\n(e) may hold public seminars, conduct workshops and establish working groups and task forces.\n\n(2) In performing its functions, Infrastructure Victoria must collaborate and consult with public entities and public service bodies.\n\n(3) In performing its functions, Infrastructure Victoria must have regard to its object of supporting improved social, economic and environmental outcomes for the State.\n\n\t11 Extra territoriality\n\nInfrastructure Victoria may perform its functions and exercise its powers within or outside Victoria.\n\nDivision 2—Board of Infrastructure Victoria\n\n\t12 Board of directors\n\n(1) Infrastructure Victoria must have a board of directors.\n\n(2) The board consists of—\n\n(a) a chairperson; and\n\n(b) a deputy chairperson; and\n\n(c) 2 other directors appointed by the Governor in Council under section 13; and\n\n(d) the following persons—\n\n(i) the Department Head of the Department of Premier and Cabinet; and\n\n(ii) the Department Head of the Department of Treasury and Finance; and\n\n(iii) the Department Head responsible to the Minister administering the **Planning and Environment Act 1987**.\n\n(3) The board—\n\n(a) is responsible for determining the general policies and strategic direction of Infrastructure Victoria for the purpose of achieving its object; and\n\n(b) may exercise the powers of Infrastructure Victoria.\n\n\t13 Appointed directors\n\n(1) The chairperson, deputy chairperson and other appointed directors are to be appointed by the Governor in Council on the recommendation of the Minister.\n\n(2) An appointed director is appointed for a term of 3 to 5 years as specified in the instrument of appointment.\n\n(3) An appointed director is appointed—\n\n(a) on a part-time basis; and\n\n(b) on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.\n\n(4) An appointed director cannot continue in office for consecutive periods exceeding 10 years.\n\n\t14 Qualifications and eligibility\n\n(1) The Minister must not recommend a person to be appointed as an appointed director unless the Minister is satisfied that—\n\n(a) the person is not employed by a public entity or public service body; and\n\n(b) the person has appropriate knowledge or experience in relation to one or more of the following—\n\n(i) policy and strategy; or\n\n(ii) infrastructure planning; or\n\n(iii) infrastructure funding; or\n\n(iv) infrastructure delivery.\n\n(2) When making a recommendation under section 13(1), the Minister must have regard, as far as is practicable, to the need for the appointed directors collectively to have appropriate knowledge or experience gained in the private sector, within Australia or internationally.\n\n\t15 Vacancies, resignations, removal from office\n\n(1) The office of an appointed director becomes vacant if the appointed director—\n\n(a) without the approval of the board, fails to attend 3 consecutive meetings of the board; or\n\n(b) becomes insolvent under administration; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.\n\n(2) An appointed director may resign by notice in writing delivered to the Minister.\n\n(3) The Governor in Council on the recommendation of the Minister at any time may remove or suspend an appointed director from office on any of the following grounds—\n\n(a) misconduct; or\n\n(b) neglect of duty; or\n\n(c) inability to perform the duties of the office; or\n\n(d) any other ground on which the Governor in Council is satisfied that the director should not hold office.\n\n(4) The Minister must recommend that an appointed director be removed from office if the appointed director is convicted of an offence (other than an indictable offence) relating to director's duties as a director.\n\n(5) If the chairperson is removed from office under subsection (3) or (4), the Minister must cause to be laid before each House of Parliament a full statement of the grounds for removal within 10 sitting days of that house after the removal.\n\n\t16 Acting appointments\n\n(1) The deputy chairperson must act as chairperson—\n\n(a) if the office of chairperson is vacant; or\n\n(b) during any period when the chairperson is absent; or\n\n(c) if the chairperson is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.\n\n(2) While the deputy chairperson is acting as chairperson, the deputy chairperson—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of the chairperson; and\n\n(b) is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to.\n\n(3) The Minister may appoint an appointed director to act as deputy chairperson—\n\n(a) during a vacancy in the office of deputy chairperson; or\n\n(b) during any period when the deputy chairperson is absent; or\n\n(c) during any period when the deputy chairperson is acting as chairperson; or\n\n(d) if the deputy chairperson is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.\n\n(4) While an appointed director is acting as deputy chairperson, the director has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson.\n\n(5) The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson)—\n\n(a) during a vacancy in the office of an appointed director; or\n\n(b) during any period when the appointed director is absent; or\n\n(c) during any period when the appointed director is acting as deputy chairperson; or\n\n(d) if the appointed director is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.\n\n(6) While a person is acting as director, the person—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of the director; and\n\n(b) is entitled to be paid the remuneration and allowances which the director would have been entitled to.\n\n(7) The Minister must not appoint a person to act as director unless the Minister is satisfied that—\n\n(a) the person is not employed by a public entity or public service body; and\n\n(b) the person has appropriate knowledge or experience in relation to one or more of the following—\n\n(i) policy and strategy; or\n\n(ii) infrastructure planning; or\n\n(iii) infrastructure funding; or\n\n(iv) infrastructure delivery.\n\n(8) When making an appointment under subsection (5), the Minister must have regard, as far as is practicable, to the need for the appointed directors collectively to have appropriate knowledge or experience gained in the private sector, within Australia or internationally.\n\n\t17 Validity of acts or decisions\n\nAn act or a decision of the board is not invalid only—\n\n(a) because of a vacancy in the membership of the board, including a vacancy arising from the failure to appoint a director; or\n\n(b) because of a defect or irregularity in, or in connection with, the appointment of a director or an acting director; or\n\n(c) in the case of an acting director, on the grounds that the occasion for the person to act had not arisen or had ceased.\n\n\t18 Application of the Public Administration Act 2004 to directors\n\nThe **Public Administration Act 2004** (other than Part 3 of that Act) applies to a director in respect of the office of director.\n\n\t19 Proceedings of board\n\n(1) Subject to subsection (2), meetings of the board must be held at the times and places determined by the board.\n\n(2) The chairperson—\n\n(a) may at any time convene a meeting of the board; and\n\n(b) must convene a meeting of the board when requested by a director to do so.\n\n(3) A majority of the directors for the time being constitutes a quorum of the board.\n\n(4) A question arising at a meeting of the board is determined by a majority of votes.\n\n(5) The board must ensure that accurate minutes are kept of its meetings.\n\n(6) The person presiding at a meeting of the board has—\n\n(a) a deliberative vote; and\n\n(b) in the case of an equality of votes, a second or casting vote.\n\n(7) The board may permit directors to participate in a particular meeting by any means of communication that does not require the physical presence of each director in the same place.\n\n(8) Subject to this Act, the board may regulate its own proceedings.\n\n\t20 Resolutions without meetings\n\n(1) If the directors for the time being (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held—\n\n(a) on the day on which the document is signed; or\n\n(b) if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document.\n\n(2) If a resolution is taken under subsection (1) to have been passed at a meeting of the board, each director must be—\n\n(a) advised as soon as practicable; and\n\n(b) given a copy of the terms of the resolution.\n\n(3) 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 directors, are taken to constitute one document.\n\n\t21 No remuneration for statutory directors\n\nA statutory director is not entitled to remuneration or allowances in respect of the office of director but is entitled to reimbursement of expenses reasonably incurred.\n\nDivision 3—General provisions relating to Infrastructure Victoria\n\n\t22 Infrastructure Victoria not subject to direction or control\n\nExcept as provided by or under this Act or any other Act, Infrastructure Victoria is not subject to the direction or control of the Minister.\n\n\t23 Infrastructure Victoria may request information to perform its functions\n\n(1) Infrastructure Victoria, by written notice delivered to a public entity or public service body, may make a reasonable request for the entity or body to provide information of a kind specified in the notice.\n\n(2) Infrastructure Victoria must not disclose to any person any document that it has obtained from any agency (as defined in the **Freedom of Information Act 1982**) or Minister that is an exempt document under the **Freedom of Information Act 1982** in the hands of the agency or Minister.\n\n\t24 Obligations of public entities and public service bodies\n\nA public entity or public service body must—\n\n(a) co-operate with Infrastructure Victoria in the performance of the functions of Infrastructure Victoria; and\n\n(b) respond to a reasonable request under section 23(1) in a timely and efficient manner.\n\n\t25 Infrastructure Victoria must seek consent before disclosing confidential information\n\n(1) This section applies if—\n\n(a) information or a document is given to Infrastructure Victoria; and\n\n(b) the person or body giving the information or document states that it is of a confidential nature.\n\n(2) Infrastructure Victoria must not disclose the information or the contents of the document to any person or body unless the person or body who supplied the information or document has consented to the disclosure.\n\n\t26 Conflicts of interest or duties\n\n(1) Infrastructure Victoria must publish details of any code of conduct, policy or process that it has put in place under section 81 of the **Public Administration Act 2004** to manage conflicts of interest or duties of directors.\n\n**Note**\n\nSection 81 of the **Public Administration Act 2004** requires the board of a public entity to, among other things, ensure that processes are in place to deal with conflicts of interest or duties of directors.\n\n(2) If a director has an interest in a matter being considered, or about to be considered, by Infrastructure Victoria, the director must, as soon as is practicable after the relevant facts come to the director's knowledge, disclose the nature of the interest to the board.\n\n(3) Infrastructure Victoria must include in the report of its operations under Part 7 of the **Financial Management Act 1994** details of any conflict of interest disclosed by a director in that year.\n\n\t27 Chief executive officer\n\n(1) The board, after consultation with the Minister, may appoint a person as the chief executive officer.\n\n(2) The chief executive officer is responsible for the management of the affairs of Infrastructure Victoria in accordance with the general policies and strategic direction determined by the board.\n\n(3) The board may at any time remove or suspend a person from the office of chief executive officer.\n\n(4) The chief executive officer holds office, subject to this Act—\n\n(a) on a full-time or part-time basis; and\n\n(b) on such terms and conditions as are determined by the board, after consultation with the Minister, and specified in the instrument of appointment.\n\n(5) The chief executive officer must not be a director of Infrastructure Victoria.\n\n(6) The chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the chairperson.\n\n(7) If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the board may appoint another person to act in the place of the chief executive officer during the period of the inability—\n\n(a) for a specified period not exceeding 1 month; or\n\n(b) after consultation with the Minister, for a specified period of more than 1 month.\n\n(8) A person appointed under this section to act in the place of the chief executive officer while so acting—\n\n(a) has all the rights and powers, and must perform all the duties, of the chief executive officer; and\n\n(b) is to be paid any remuneration and travelling or other allowances fixed by the board from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer.\n\n\t28 Staff of Infrastructure Victoria\n\n(1) Any employees that are necessary to enable Infrastructure Victoria to perform its functions may be employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) Infrastructure Victoria may enter into agreements or arrangements for the use of the services of any staff of a public entity or public service body.\n\n\t29 Infrastructure Victoria may engage consultants\n\nInfrastructure Victoria may engage consultants, contractors or agents to assist with the performance of its functions.\n\n\t30 Indemnity\n\nThe powers of Infrastructure Victoria do not include a power to exempt, whether directly or indirectly, a director from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to Infrastructure Victoria.\n\n\t31 Delegation by Infrastructure Victoria\n\n(1) Subject to subsection (2), Infrastructure Victoria, by instrument, may delegate any power, function or duty of Infrastructure Victoria under any Act or regulations under any Act to—\n\n(a) the chief executive officer; and\n\n(b) an employee of Infrastructure Victoria; and\n\n(c) a person engaged by Infrastructure Victoria to assist in the performance of its functions.\n\n(2) Infrastructure Victoria may not delegate any of the following powers or functions—\n\n(a) the power of delegation under subsection (1); and\n\n(b) the power to appoint or remove a chief executive officer under section 27.\n\nPart 3—Infrastructure strategy, planning and advice\n\nDivision 1—30-year infrastructure strategy\n\n\t32 Preparation of 30-year infrastructure strategy\n\n(1) Infrastructure Victoria must prepare and periodically review and update a 30-year infrastructure strategy.\n\n(2) Infrastructure Victoria must transmit the 30-year infrastructure strategy to the Parliament on or before 31 December 2016.\n\n\t33 Content of 30-year infrastructure strategy\n\n(1) The 30-year infrastructure strategy must assess the current state of infrastructure in Victoria and identify Victoria's infrastructure needs and priorities for the next 30 years.\n\n(2) The 30-year infrastructure strategy must include—\n\n(a) a statement of social, economic and environmental objectives against which Victoria's infrastructure needs are able to be assessed and benchmarked; and\n\n(b) an assessment of the current state of infrastructure in Victoria; and\n\n(c) the identification of Victoria's short, medium and long term infrastructure needs and priorities to achieve the social, economic and environmental objectives referred to in paragraph (a), on the basis of detailed, objective and quantitative evidence, including land use plans, population projections and economic data; and\n\n(d) an assessment of options available to meet the identified infrastructure needs and priorities, including—\n\n(i) new infrastructure projects; and\n\n(ii) policy or reform options including demand management and regulatory reform; and\n\n(iii) consideration of the balance between investing in new infrastructure and making better use of existing infrastructure in order to meet the identified infrastructure needs; and\n\n(e) recommendations regarding—\n\n(i) specific major projects, policies or reforms that will meet the identified infrastructure needs; and\n\n(ii) the funding options for the specified major projects, policies or reforms; and\n\n(iii) the level of priority for the specified major projects, policies or reforms.\n\n(3) When preparing or updating the 30-year infrastructure strategy, Infrastructure Victoria must have regard to any current land use, transport or other relevant social, economic or environmental policy in Victoria.\n\n\t34 Public consultation on a draft 30-year infrastructure strategy\n\nBefore transmitting the 30-year infrastructure strategy or an updated 30-year infrastructure strategy (as the case may be) to the Parliament under section 35, Infrastructure Victoria must undertake public consultation on—\n\n(a) a draft of the statement of social, economic and environmental objectives referred to in section 33(2)(a); and\n\n(b) a draft of the strategy.\n\n\t35 Transmission of 30-year infrastructure strategy to Parliament\n\n(1) Infrastructure Victoria must cause the strategy or updated strategy (as the case may be) to be transmitted to each House of the Parliament as soon as is practicable after it has been completed.\n\n(2) The clerk of each House of the Parliament must cause the strategy or updated strategy (as the case may be) to be laid before the House on the day on which it is received or on the next sitting day of the House.\n\n(3) If Infrastructure Victoria proposes to transmit the strategy or updated strategy (as the case may be) to the Parliament on a day on which neither House of the Parliament is actually sitting, Infrastructure Victoria must—\n\n(a) give one business day's notice of intention to do so to the clerk of each House of the Parliament; and\n\n(b) give the strategy or updated strategy (as the case may be) to the clerk of each House on the day indicated in the notice; and\n\n(c) publish the strategy or updated strategy (as the case may be) as soon as practicable after giving it to the clerks.\n\n(4) The clerk of each House must—\n\n(a) notify each member of the House of the receipt of a notice under subsection (3)(a) on the same day that the clerk receives that notice; and\n\n(b) give a copy of the strategy or updated strategy (as the case may be) to each member of the House as soon as practicable after the strategy or updated strategy (as the case may be) is received under subsection (3)(b); and\n\n(c) cause the strategy or updated strategy (as the case may be) to be laid before the House on the next sitting day of the House.\n\n(5) Subject to section 25, upon the strategy or updated strategy (as the case may be) being laid before each House under subsection (4)(c), Infrastructure Victoria must publish, as far as is reasonably practicable, the evidence and analysis relied upon in preparing the strategy or updated strategy (as the case may be).\n\n\t36 Infrastructure Victoria must review and update the 30-year infrastructure strategy every 3 to 5 years\n\nInfrastructure Victoria must review and update the 30-year infrastructure strategy no less than 3 years, but no more than 5 years, after the most recent date on which the strategy or updated strategy (as the case may be) is laid before each House under section 35..\n\nDivision 2—Government response and 5-year infrastructure plan\n\n\t37 Government response to 30-year infrastructure strategy\n\n(1) The Minister must cause to be prepared a Government response to the 30-year infrastructure strategy.\n\n(2) The Government response must—\n\n(a) include a response to any recommendations made in the 30-year infrastructure strategy; and\n\n(b) set out any major projects, policies or reforms that the Government intends to pursue in relation to infrastructure matters; and\n\n(c) provide a detailed rationale for the major projects, policies or reforms set out under paragraph (b).\n\n(3) The Minister must cause the Government response to be laid before each House on or before the date specified in subsection (4).\n\n(4) For the purposes of subsection (3), the date is the first sitting day after the first anniversary of the sitting day on which the 30-year infrastructure strategy or updated 30-year infrastructure strategy (as the case may be) is laid before each House of the Parliament under section 35.\n\n\t38 Preparation of 5-year infrastructure plan\n\n(1) The Minister must cause to be prepared a 5-year infrastructure plan.\n\n(2) The Minister may amend the 5-year infrastructure plan at any time.\n\n\t39 Content of 5-year infrastructure plan\n\n(1) In preparing or amending the 5-year infrastructure plan, regard must be had to—\n\n(a) Victoria's infrastructure needs and priorities; and\n\n(b) the 30-year infrastructure strategy.\n\n(2) The 5-year infrastructure plan must—\n\n(a) identify specific major infrastructure projects that should be undertaken as a priority in the next 5 years (the ***priority projects***); and\n\n(b) contain the rationale for selection of the priority projects, including an explanation of how the priority projects will achieve the social, economic and environmental objectives stated in the 30-year infrastructure strategy; and\n\n(c) indicate—\n\n(i) the estimated cost of the priority projects; and\n\n(ii) the proposed funding and delivery arrangements for the priority projects; and\n\n(iii) the estimated time for delivery of the priority projects; and\n\n(d) contain a consideration of policy changes or reforms that may assist in meeting Victoria's infrastructure needs and priorities.\n\n\t40 Minister may require Infrastructure Victoria to provide information for preparing the Government response or 5-year infrastructure plan\n\n(1) The Minister, by written notice, may require Infrastructure Victoria to give the Minister any information that the Minister reasonably requires to cause the Government response or 5-year infrastructure plan to be prepared or amended.\n\n(2) A requirement under subsection (1) must specify—\n\n(a) the period within which the information is to be given; and\n\n(b) any other manner or circumstances in which the information is to be given.\n\n\t41 Minister may submit draft 5-year infrastructure plan to Infrastructure Victoria for advice\n\n(1) Before laying the 5-year infrastructure plan or amended plan (as the case may be) before each House of the Parliament, the Minister may cause a draft plan to be provided to Infrastructure Victoria for advice.\n\n(2) Infrastructure Victoria must provide advice on the draft plan as requested by the Minister.\n\n\t42 Laying of 5-year infrastructure plan before Parliament\n\n(1) Upon the preparation or amendment of the  \n5-year infrastructure plan under this Division, the Minister must cause the 5-year infrastructure plan or amended plan (as the case may be) to be laid before each House of the Parliament by the date specified in subsection (2).\n\n(2) For the purposes of subsection (1), the date is the first sitting day after the first anniversary of the sitting day on which the 30-year infrastructure strategy or updated 30-year infrastructure strategy (as the case may be) is laid before each House of the Parliament under section 35.\n\n\t43 Infrastructure Victoria must include progress report on 5-year infrastructure plan in annual report\n\nInfrastructure Victoria must include in the report of its operations under Part 7 of the **Financial Management Act 1994** an assessment of the Government's specified priorities and progress in meeting the infrastructure needs identified in the 5-year infrastructure plan.\n\nDivision 3—Advice to the Minister\n\n\t44 Minister may request advice from Infrastructure Victoria\n\n(1) The Minister may request written advice from Infrastructure Victoria on infrastructure matters, including but not limited to the following—\n\n(a) Government or private sector proposals for major infrastructure projects; and\n\n(b) intergovernmental submissions.\n\n(2) A request under subsection (1) must be in writing and may specify any of the following—\n\n(a) a reasonable period within which the advice is to be given; and\n\n(b) any matter to which Infrastructure Victoria is to have regard in giving the advice.\n\n(3) The Minister may withdraw or amend a request for advice under this section at any time before Infrastructure Victoria gives the advice.\n\n\t45 Restrictions on publication of advice by Infrastructure Victoria\n\nInfrastructure Victoria must include in the report of its operations under Part 7 of the **Financial Management Act 1994**—\n\n(a) the subject of any advice requested under this Division; and\n\n(b) the date of the request for advice, including the date of any withdrawal or amendment of a request for advice; and\n\n(c) the date that the advice was provided.\n\n\t46 Minister may publish advice from Infrastructure Victoria\n\n(1) The Minister may publish advice the Minister receives from Infrastructure Victoria under this Division.\n\n(2) If the Minister is of the opinion that the publication of certain information contained in advice received from Infrastructure Victoria under this Division would be contrary to the public interest, the Minister may publish the advice with that information deleted.\n\n(3) If the Minister publishes advice with deletions under subsection (2), the Minister must include in the publication a notice that the advice is published with deletions.\n\nPart 4—General provisions\n\n\t47 Delegation by Minister\n\nThe Minister, by instrument, may delegate to any person any power, duty or function of the Minister under this Act other than this power of delegation.\n\nPt 5 (Heading and ss 48, 49) repealed by No. 38/2015 s. 49.\n\n* * * * *\n\n══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 24 June 2015*\n\n*Legislative Council: 6 August 2015*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish Infrastructure Victoria to provide independent and expert advice about Victoria's infrastructure needs and priorities, to establish a new strategic infrastructure planning process and to amend the **Public Administration Act 2004** and for other purposes.\"\n\nThe **Infrastructure Victoria Act 2015**, No. 38/2015 was assented to on 8 September 2015 and came into operation on 1 October 2015: Special Gazette (No. 285) 29 September 2015 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Infrastructure Victoria Act 2015** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Infrastructure Victoria Act 2015, No. 38/2015**\n\n| Assent Date: | 8.9.15 |\n| --- | --- |\n| Commencement Date: | S. 49 on 1.10.15: Special Gazette (No. 285) 29.9.15 p. 1 |\n| Note: | S. 49 repealed Pt 5 (ss 48, 49) on 1.1.17 |\n| Current State: | This information relates only to the provision/s amending the **Infrastructure Victoria Act 2015** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: establishing Infrastructure Victoria for independent infrastructure advice and strategic planning. The repeal of Part 5 (sections 48-49) by the amending Act actually streamlined the legislation by removing transitional provisions that were no longer needed, rather than expanding scope. The core functions (30-year strategy, 5-year plan, ministerial advice) remain tightly aligned with the original purpose."},"complexity_factors":["Moderate length (47 sections plus endnotes) but highly structured with clear Part/Division hierarchy","17 defined terms in section 3, mostly referencing external legislation (Public Administration Act 2004)","Extensive cross-referencing to other Victorian statutes: Public Administration Act 2004, Financial Management Act 1994, Freedom of Information Act 1982, Transport Integration Act 2010, Planning and Environment Act 1987","Board composition rules create hybrid membership (appointed directors + statutory directors), requiring coordination between appointment mechanisms","Multiple procedural timelines (e.g., 3-5 year review cycles, parliamentary laying requirements with specific sitting day calculations)","Conditional logic for acting appointments (section 16) with cascading scenarios (chairperson absent → deputy acts → another director acts as deputy)","Specific restrictions on delegation (section 31) and indemnity (section 30) that limit standard corporate powers","Repealed Part 5 (sections 48-49) noted in endnotes, indicating legislative evolution"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Infrastructure Victoria** — an independent government body that acts as Victoria's long-term infrastructure planner and advisor.\n\n**Key things it sets up:**\n\n*   **A new independent body:** Infrastructure Victoria is established as a \"body corporate\" (a legal entity, like a company) with its own board of directors. It can hire staff, own property, and operate independently from day-to-day government control.\n\n*   **Two major planning documents:**\n    *   **30-year infrastructure strategy:** A big-picture, evidence-based plan looking three decades ahead at what infrastructure Victoria needs (roads, rail, hospitals, etc.). It must be updated every 3–5 years and tabled in Parliament.\n    *   **5-year infrastructure plan:** A shorter-term, government-owned plan that responds to the 30-year strategy and lists priority projects for the next five years.\n\n*   **Independent advice:** The Minister can ask Infrastructure Victoria for written advice on specific projects or policies. The body must remain independent — the Minister cannot direct or control it, except in limited ways set out in the Act.\n\n**Who it affects:**\n\n*   **Victorian taxpayers and citizens:** The body decides what infrastructure priorities get recommended to government.\n*   **Government departments:** They must cooperate with Infrastructure Victoria and provide information when requested.\n*   **Public servants:** Three senior department heads (Premier and Cabinet, Treasury and Finance, and Planning) automatically sit on the board as \"statutory directors.\"\n\n**Why it matters:**\n\nBefore this Act, Victoria didn't have a permanent, independent body focused solely on long-term infrastructure planning. This law aims to take politics out of infrastructure decisions by requiring evidence-based, transparent planning with public consultation. It creates a check on governments building \"pet projects\" by forcing them to respond publicly to independent advice and lay their plans before Parliament."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act implements its stated purpose to establish Infrastructure Victoria and a strategic infrastructure planning process (s1, s5, s8, ss32–39). The core functions, board and reporting duties remain as framed in the Act. Although Part 5 was repealed (see Table of Amendments), that repeal does not alter the central scope of establishing the body, its strategy and advice functions."},"complexity_factors":["Interlocking governance rules for a mixed board of appointed and statutory directors, with appointment, eligibility and acting provisions (ss12–16)","Statutory independence balanced with Ministerial interaction: Infrastructure Victoria not subject to Ministerial direction (s22) but the Minister requests advice and receives the Government response (ss37,44)","Detailed planning cycle and timeline requirements for a 30‑year strategy and 5‑year plan, including review periods and parliamentary transmission (ss32–36,38–42)","Information powers and compulsory cooperation by public entities, with confidentiality limits and FOI constraints (ss23–25)","Cross‑statutory references and compliance obligations with other Acts (Public Administration Act 2004, Financial Management Act 1994, Freedom of Information Act 1982, Transport Integration Act 2010) increasing interpretive complexity","Constraints on delegation and on indemnifying directors, and reporting/record‑keeping duties (ss30–31,19,45)","Ministerial discretion to publish or redact advice introduces executive judgment into transparency rules (s46)"],"plain_english_summary":"This Act creates Infrastructure Victoria, a statutory body charged with preparing a 30‑year infrastructure strategy, giving written advice to the Minister, and supporting sector planning, plus a 5‑year plan and periodic reviews (ss5,8,32–39). It establishes a board, CEO and powers to gather information and engage consultants (ss12,27,23,29).\n\nPublic entities must cooperate and supply requested information (ss23–24). The Minister must publish a Government response and may publish or redact advice from Infrastructure Victoria (ss37,41,46). The Act fixes roles, timelines and confidentiality rules."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent of establishing Infrastructure Victoria as an independent advisory body for long-term infrastructure planning. No significant scope changes are evident from the version history provided, though the consolidated version indicates amendments have been made since the original 2015 enactment."},"complexity_factors":["Establishes a new statutory body (an organisation created by law) with specific governance rules, which requires careful reading of appointment, accountability, and operational provisions","Interplay between Infrastructure Victoria's independence and ministerial oversight creates nuanced legal relationships","Limited legislative text available in the provided excerpt makes full assessment difficult — the full Act contains more detailed provisions","Relatively straightforward enabling legislation compared to regulatory or taxation laws, keeping overall complexity moderate","No significant cross-referencing to other complex legislative schemes evident from the excerpt"],"plain_english_summary":"Creates Infrastructure Victoria, an independent advisory body charged with producing long-term (typically 30-year) infrastructure strategies and advising the Victorian Government on priorities and options.\n\nIt affects Victorian residents, state and local government, businesses and the infrastructure industry by depoliticising planning, reducing boom–bust cycles and guiding investment—while not approving or funding projects directly, its public advice strongly influences what gets built and when."}},"importantCases":[],"_links":{"self":"/api/acts/infrastructure-victoria-act-2015","history":"/api/acts/infrastructure-victoria-act-2015/history","analysis":"/api/acts/infrastructure-victoria-act-2015/analysis","conflicts":"/api/acts/infrastructure-victoria-act-2015/conflicts","importantCases":"/api/acts/infrastructure-victoria-act-2015/important-cases","documents":"/api/acts/infrastructure-victoria-act-2015/documents"}}