Document ID: chunk:federal_register_of_legislation:C2015C00124:clause:2_4:p11
Version: federal_register_of_legislation:C2015C00124
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 11/13)
Character Range: 69829–73168

project to remain designated, if the infrastructure project designation rules provide for the Infrastructure Coordinator to set such conditions, as mentioned in paragraph (7)(b).

Infrastructure Coordinator must notify Commissioner
 (9) The Infrastructure Coordinator must notify the Commissioner of a decision made by the Infrastructure Coordinator:
 (a) to designate the infrastructure project; or
 (b) to amend or to revoke the instrument of designation;
within 28 days after making the decision.

Infrastructure project capital expenditure cap

415‑75  Infrastructure project capital expenditure cap
 (1) Provisional designation, or designation, of the infrastructure project would breach the *infrastructure project capital expenditure cap under this section if, were the provisional designation or designation to occur, the total of the estimates accepted under section 415‑80 for each infrastructure project that, just after the provisional designation or designation, would be:
 (a) a *provisionally designated infrastructure project; or
 (b) a *designated infrastructure project;
would exceed the amount mentioned in subsection (2).
 (2) The amount is:
 (a) $25 billion; or
 (b) if the *infrastructure project designation rules prescribe a greater amount—that prescribed amount.
 (3) For the purposes of subsection (1), disregard so much of the amount of an estimate for an infrastructure project (the listed infrastructure project) as relates to a part of the listed infrastructure project, if:
 (a) that part of the listed project is (or would be, were the provisional designation or designation mentioned in that subsection to occur):
 (i) a *provisionally designated infrastructure project; or
 (ii) a *designated infrastructure project; and
 (b) the listed infrastructure project is included on an Infrastructure Priority List.
Note: For Infrastructure Priority Lists, see paragraph 5(2)(b) of the Infrastructure Australia Act 2008.
 (4) In this Act:
infrastructure project capital expenditure:
 (a) has the meaning given by the *infrastructure project designation rules; or
 (b) if the infrastructure project designation rules do not give infrastructure project capital expenditure a meaning—means capital expenditure.

415‑80  Acceptance of estimates of infrastructure project capital expenditure

Acceptance of estimates
 (1) The Infrastructure Coordinator must, by instrument in writing, accept the estimate of *infrastructure project capital expenditure if the following conditions are satisfied:
 (a) the conditions prescribed by the *infrastructure project designation rules;
 (b) if the infrastructure project designation rules do not prescribe any conditions—in the opinion of the Infrastructure Coordinator, the estimate is acceptable.

Revocation of instruments of acceptance
 (2) The Infrastructure Coordinator must not revoke the instrument of acceptance if the infrastructure project is a *designated infrastructure project.
 (3) Subject to subsection (2), the Infrastructure Coordinator must, by instrument in writing, revoke the instrument of acceptance in the circumstances prescribed by the *infrastructure project designation rules. The Infrastructure Coordinator must not revoke the instrument in any other circumstances.
 (4) Without limiting subsection (3), the circumstances the *infrastructure project