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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Accountability Legislation
Amendment (Sydney Motorway Corporation)
Bill 2017
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Government Information (Public Access) Act 2009 to provide that information
held by the Sydney Motorway Corporation may be accessed under that Act,
(b) to amend the Independent Commission Against Corruption Act 1988 to enable the ICAC to
investigate allegations or complaints of corrupt conduct that relate to the Sydney Motorway
Corporation and its employees,
(c) to amend the Ombudsman Act 1974 to enable complaints to be made to the Ombudsman
about the conduct of the Sydney Motorway Corporation,
(d) to amend the Public Finance and Audit Act 1983 to provide for the financial reports and
transactions of the Sydney Motorway Corporation to be inspected and audited by the
Auditor-General,
(e) to amend the Public Interest Disclosures Act 1994 to extend the protections under that Act
to employees of the Sydney Motorway Corporation who make disclosures in the public
interest about any wrongdoing.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 contains the amendments described in the above overview.
b2017-050.d04
Introduced by Ms J L McKay, MP First print
New South Wales
Public Accountability Legislation
Amendment (Sydney Motorway Corporation)
Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Acts 3
b2017-050.d04
New South Wales
Public Accountability Legislation
Amendment (Sydney Motorway Corporation)
Bill 2017
No , 2017
A Bill for
An Act to amend various legislation to ensure that the Sydney Motorway Corporation is subject
to accountability requirements applying to public authorities and agencies; and for other purposes.
Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2017 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Accountability Legislation Amendment (Sydney Motorway 3
Corporation) Act 2017. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2017 [NSW]
Schedule 1 Amendment of Acts
Schedule 1 Amendment of Acts 1
1.1 Government Information (Public Access) Act 2009 No 52 2
Schedule 4 Interpretative provisions 3
Insert after clause 2 (1) (f): 4
(f1) Sydney Motorway Corporation Pty Limited (ACN 601 507 591) and 5
any of its subsidiaries (including those referred to in section 45J (5) of 6
the Public Finance and Audit Act 1983), or 7
1.2 Independent Commission Against Corruption Act 1988 No 35 8
Section 3 Definitions 9
Insert after paragraph (f) of the definition of public authority: 10
(f1) Sydney Motorway Corporation Pty Limited (ACN 601 507 591) and 11
any of its subsidiaries (including those referred to in section 45J (5) of 12
the Public Finance and Audit Act 1983), 13
1.3 Ombudsman Act 1974 No 68 14
Section 5 Definitions 15
Insert after paragraph (f1) of the definition of public authority: 16
(f2) Sydney Motorway Corporation Pty Limited (ACN 601 507 591) and 17
any of its subsidiaries (including those referred to in section 45J (5) of 18
the Public Finance and Audit Act 1983), 19
1.4 Public Finance and Audit Act 1983 No 152 20
Part 3, Division 4B 21
Insert after Division 4A: 22
Division 4B Special audit of Sydney Motorway Corporation 23
45J Special audit 24
(1) The Auditor-General is, as soon as practicable after the end of each financial 25
year of Sydney Motorway Corporation Pty Limited (ACN 601 507 591) (the 26
SMC), to inspect and audit: 27
(a) the financial report of the SMC and any of its subsidiaries, and 28
(b) the books and records of financial transactions of or relating to: 29
(i) the SMC and any of its subsidiaries, and 30
(ii) assets of or in the custody of the SMC and any of its subsidiaries. 31
(2) The Auditor-General, or a person (being the Deputy Auditor-General or an 32
auditor) authorised by the Auditor-General, is to report to the SMC, the 33
Minister for WestConnex and the Treasurer as to the result of any such 34
inspection and audit and as to such irregularities or other matters as in the 35
judgment of the Auditor-General or authorised person call for special notice. 36
(3) The Auditor-General is to include a reference to any audit conducted under 37
this section in the report referred to in section 52 (1). 38
Page 3
Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2017 [NSW]
Schedule 1 Amendment of Acts
(4) Towards defraying the costs and expenses of any such inspection and audit, 1
the SMC is to pay to the Auditor-General such amounts, at such times, as the 2
Treasurer determines. 3
(5) For the purposes of this section, a subsidiary of the SMC includes any of the 4
following entities: 5
(a) WCX M4 Pty Limited (WCX M4), 6
(b) WCX M5 AT Pty Ltd, 7
(c) WCX M5 PT Pty Ltd, 8
(d) WCX M5 AHT Pty Ltd, 9
(e) WCX M5 PHT Pty Ltd, 10
(f) WCX M5 AT Pty Ltd as Trustee of WCX M5 Asset Trust (WCX M5 11
Asset Trust), 12
(g) WCX M5 PT Pty Ltd as Trustee of WCX M5 Project Trust (WCX M5 13
Project Trust), 14
(h) WCX M5 AHT Pty Ltd as Trustee of WCX M5 Asset Hold Trust (WCX 15
M5 Asset Hold Trust), 16
(i) WCX M5 PHT Pty Ltd as Trustee of WCX M5 Asset Hold Trust (WCX 17
M5 Project Hold Trust), 18
(j) WCX M5 Finco Pty Ltd (WCX M5 Finco). 19
1.5 Public Interest Disclosures Act 1994 No 92 20
Section 4 Definitions 21
Insert after paragraph (b) of the definition of public authority: 22
(b1) Sydney Motorway Corporation Pty Limited (ACN 601 507 591) and 23
any of its subsidiaries (including those referred to in section 45J (5) of 24
the Public Finance and Audit Act 1983), 25
Page 4
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