1.5 The Infrastructure Australia Act 2008 (the Infrastructure Australia Act) commenced on9 April 2008. The Act established Infrastructure Australia and section 5 of the Act set out Infrastructure Australia's functions. Its primary function was to provide advice to the Minister, all levels of government, and investors and owners of infrastructure on matters relating to infrastructure42 This included in relation to Australia's current and future needs and priorities relating to 'nationally significant infrastructure.' 'Nationally significant infrastructure' was defined in the Act as including transport, energy, communications and water infrastructure in which investment or further investment will materially improve national productivity.
1.6 In addition to this primary function, Infrastructure Australia was also given a number of additional functions under section 5 of the Act. These included:
• conducting audits to determine the adequacy, capacity and condition of nationally significant infrastructure, taking into account forecast growth;
• developing lists (to be known as Infrastructure Priority Lists) that prioritise Australia's infrastructure needs;
• evaluating proposals for investment in, or enhancements to, nationally significant infrastructure (only on request by the Minister); and
• reviewing Commonwealth infrastructure funding programs to ensure they align with any Infrastructure Priority Lists (only on request by the Minister).
1.7 Under the Act, the Minister for Infrastructure, Transport, Regional Development and Local Government can issue directions to Infrastructure Australia, of a general nature, about the performance of its functions.
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42 In the course of the development of the Infrastructure Australia Bill, the Australian Government Solicitor (AGS) advised the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) in February 2008 that the Bill was supported by the Commonwealth's implied nationhood power, on the basis that: the Bill confers functions on a national body (that is Infrastructure Australia) that are peculiarly adapted to the national government; the Bill does not encroach upon the States' executive and legislative powers; there is no present prospect for the States and Territories to act collectively to achieve the relevant outcome, that is, better coordinated infrastructure planning and investment across Australia, as effectively as the Bill; and the Bill does not provide for any coercive action to be taken by any person.