Major Transport Projects Facilitation Act 2009
102A project authority's powers
Start here
Get a plain-English read of 102
Turn the raw legal text into a practical explanation grounded in Major Transport Projects Facilitation Act 2009.
102 A project authority's powers
(1) Subject to subsection (2), for the purpose of performing its project functions, a project authority that is a public authority has the following powers—
(a) to acquire, hold or dispose of real or personal property;
(b) with the written approval of the Treasurer, to participate in the formation of a corporation, trust, partnership or other body or enter into a joint venture;
(c) to subscribe for, or otherwise acquire, hold and dispose of, shares in or debentures or other securities of, a corporation;
(d) to become a member of a company limited by guarantee;
(e) to subscribe for or otherwise acquire, and hold and dispose of, units in a trust;
(f) to acquire, and hold and dispose of, an interest in a partnership or other body;
(g) to give indemnities, guarantees, releases and charges, and anything else of a similar nature;
(h) on behalf of the Crown, to—
(i) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right of the Crown; or
(ii) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right of the Crown; or
(iii) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;
(i) to employ or engage staff or consultants;
(j) to enter into arrangements for the services of persons employed under the Public Administration Act 2004;
(k) to appoint agents and attorneys, and act as agent;
(l) any other powers conferred on the project authority by or under this or any other Act or law.
(2) A project authority that is a public authority does not have the powers specified in subsection (1) to the extent that the Governor in Council, on the recommendation of the Project Minister, by Order published in the Government Gazette, determines that the project authority does not have those powers.
(3) For the purpose of performing its project functions, a project authority that is not a public authority has the following powers—
(a) the powers specified for the project authority under subsection (4);
(b) any other powers conferred on the project authority by or under this or any other Act or law.
(4) If the project authority is not a public authority, the Governor in Council, on the recommendation of the Project Minister, by Order published in the Government Gazette, may specify any one or more of the powers referred to in subsection (1)(a) to (k) to be a power of the project authority for the purposes of performing its project functions.