Process for publication of NAIF Investment Decision Information
Under the Northern Australia Infrastructure Facility Investment Mandate Direction 2016 (the Investment Mandate) an:
- Investment Decision means a decision by the NAIF Board to offer, or not to offer, a Financing Mechanism for a project.
- Financing Mechanism means a loan or any grant of financial assistance as determined by the responsible Minister in accordance with section 11 of the Investment Mandate.
Section 17(2) of the Investment Mandate provides that within 30 business days of making an Investment Decision, NAIF must publish information regarding the transaction on its website, subject to commercial confidentiality including:
- the name of the project proponent
- the goods/services involved
- the location
- the type of Financing Mechanism
- the amount of the Financing Mechanism
Responsible Minister’s Consideration Period
Under Section 11 (2) of the Northern Australia Infrastructure Facility Act 2016 (the NAIF Act) if NAIF proposes to provide financial assistance, NAIF must give to the responsible Minister written notice of the proposal (proposal notice).
Section 11(3) of the NAIF Act provides that the Minister’s consideration period is:
(a) unless paragraph (b) applies – the period that ends 21 days after the proposal notice is given; or
(b) if, within that period of 21 days, or that period as extended, the Minister requires by written notice given to the Facility an extension of that period – that extended period, which must end not later than 60 days after the proposal notice is given.
Section 11 (4) provides that at any time during the Minister’s consideration period, the Minister may notify the Facility in writing (the rejection notice) that the financial assistance should not be provided.
Section 11 (5) provides that the responsible Minister may give the rejection notice only if the Minister is satisfied that providing the financial assistance would:
- be inconsistent with the objectives and policies of the Commonwealth Government;
- have adverse implications for Australia’s national or domestic security; or
- have an adverse impact on Australia’s international reputation or foreign relations.
Section 12 provides that if the Minister decides that financial assistance should not be provided:
- A rejection notice must be accompanied by the Minister’s written reasons for the notice.
- Within 20 sitting days after the rejection notice is given, the Minister must table the notice in each House of the Parliament.
(note: the rejection notice must also be included in the NAIF’s annual report)
Relevant Jurisdiction Consultation
Under Section 13(4) of the Investment Mandate NAIF must not make an Investment Decision if at any time the relevant jurisdiction provides written notification that financial assistance should not be provided to the project.
Under Section 13(2) of the Investment Mandate the relevant jurisdiction is defined as:
(a) the State or Territory the infrastructure project is located in for single jurisdiction Investment Proposals; and
(b) for Investment Proposals that cross jurisdictions, it is all jurisdictions where the project takes place.
Formal NAIF publication of Investment Decision relating to Onslow Marine Support Base, Western Australia
On 29 September 2017 the NAIF Board made an Investment Decision to offer a Financing Mechanism. This project to which the Investment Decision relates is the Onslow Marine Support Base, Western Australia. It will provide supply and support services for onshore and offshore businesses such as logistics, fuel suppliers, waste management, and construction and maintenance companies in the Carnarvon Basin.
For the purpose of Section 17(2) of the Investment Mandate details of that decision are:
Name of project proponent: Onslow Marine Support Base Pty Ltd
Goods/services involved: Development of a marine supply facility including wharf and harbour expansion
Location: Beadon Creek Onslow, Western Australia
Type of Financing Mechanism: loan
Amount of Financing Mechanism: up to $16.8m
Financial assistance to the project is subject to a number of conditions.
The NAIF Board has provided a proposal notice to the responsible Minister for the purpose of Section 11(2) of the NAIF Act in relation to the Onslow Marine Support Base Investment Decision. NAIF has not provided financial assistance to the project at this stage.
The formal agreement of the Western Australian Government to enter into the project financial assistance loan and the relevant finance documents has not yet been obtained.