Public Works Committee Amendment Act 2009


Tasmanian Crest
Public Works Committee Amendment Act 2009

An Act to amend the Public Works Committee Act 1914

[Royal Assent 16 June 2009]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Public Works Committee Amendment Act 2009 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Public Works Committee Act 1914 is referred to as the Principal Act.

4.    Section 15 amended (Functions of Committee)

Section 15 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "proposed public work the cost of which is to be defrayed out of the Loan Fund" and substituting "public work that is proposed to be undertaken by a general government sector body,";
(b) by omitting from subsection (1) "$2 000 000" and substituting "$5 000 000";
(c) by inserting the following subsection after subsection (2) :
(3)  In this section –
general government sector body means –
(a) a Government department within the meaning of the State Service Act 2000 ; and
(b) any State authority classified as an entity within the general government sector in the Treasurer's annual report;
State authority means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority, but does not include a Government department within the meaning of the State Service Act 2000 ;
Treasurer's annual report means the annual report prepared by the Treasurer under section 26A of the Financial Management and Audit Act 1990 .

5.    Section 16 amended (Conditions precedent to commencing public works)

Section 16 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "$2 000 000" and substituting "$5 000 000";
(b) by omitting from subsection (2) "Prior to the submission to Parliament of any such proposed public work, the" and substituting "The".

6.    Section 17 amended (Power of House of Assembly to extend Act)

Section 17 of the Principal Act is amended by omitting "$2 000 000" and substituting "$5 000 000".

7.   Transitional provision

If, before the day on which this Act commences, a proposed work is referred to the Committee for the Committee to report upon the work, then, despite the amendments to the Principal Act made by this Act, the Principal Act, as in force immediately before that day, continues to apply to the proposed work as if the amendments had not been made.

[Second reading presentation speech made in:

House of Assembly on 19 MAY 2009

Legislative Council on 27 MAY 2009]