24. Authorisations of waivers, modifications of payment terms, set-offs and act of grace payments

Guide to this section

The purpose of this section is to require the Finance Minister to consider the report of an advisory committee before making certain authorisations (for example, waivers, set-offs and act of grace payments) that involve amounts of money above $500 000.

This section is made for subsections 63(2), 64(1A) and 65(2) of the Act.

(1) This section applies if:

(a) the Finance Minister proposes to authorise any of the following:

(i) the waiver of an amount (the relevant amount) owing to the Commonwealth under subsection 63(1) of the Act;

(iii) the set-off of an amount (the relevant amount) owing to the Commonwealth against another amount under subsection 64(1) of the Act;

(iv) the payment of an amount (the relevant amount) to a person under subsection 65(1) of the Act; and

(b) the relevant amount is more than $500 000.

(2) Before making the authorisation, the Finance Minister must consider a report of the advisory committee established under subsection (3) in relation to the authorisation.

(3) The Finance Minister must establish an advisory committee to report on the appropriateness of the authorisation. The advisory committee must consist of:

(a) the Secretary of the Department (the Infrastructure Department) responsible for administering the Infrastructure Australia Act 2008; and

(b) the Finance Secretary; and

(c) the accountable authority of:

(i) the Commonwealth entity responsible for the matter to which the authorisation relates; or

(ii) if there is no Commonwealth entity responsible for that matter, or if the Commonwealth entity responsible for that matter is the Department or the Infrastructure Department - the Commonwealth entity nominated, in writing, by the Finance Minister.

(4) A member of the advisory committee may appoint a deputy to act in his or her place if the member is, for any reason, unable to perform the duties of the member.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (as those sections apply because of paragraph 13(1)(a) of the Legislative Instruments Act 2003).

(5) The advisory committee may conduct itself as it sees fit and may prepare its report without having a meeting.

Last updated: 13 January 2016