Legislative Reporting
Ministerial Directions
The NAIF Act is structured in such a way as to maximise NAIF’s operational independence particularly with respect to Investment Decision making. The responsible Minister gives NAIF direction through the NAIF Investment Mandate.
In addition, the Minister has provided NAIF with a Statement of Expectations which outlines in a formal and public way the Minister’s expectations on the operation and performance of NAIF beyond that considered by the legislative framework. The NAIF Chair has provided the Minister with a Statement of Intent outlining how NAIF will direct its operations to meet the Minister’s and Government’s expectations.
Legislative Review of the NAIF Act
Section 43 of the NAIF Act requires a review of NAIF’s operations to occur as soon as possible after 1 July 2019. This review was required to cover among other things:
- whether the time limit of 30 June 2021 for making decisions to provide financial assistance should be extended; and
- appropriate governance arrangement for NAIF after that date.
This review has been ongoing throughout the reporting period, however on 17 July 2020 the responsible Minister announced NAIF’s extension for a further five years to 30 June 2026, which is subject to finalisation of legislation. The broader statutory review is still underway with outcomes expected to be announced before the end of the calendar year.
ANAO Performance Audit of NAIF
In April 2019, the Australian National Audit Office (ANAO) tabled its audit report with six key recommendations to improve the effectiveness of NAIF’s governance and integrity framework.
NAIF has undergone a wide-ranging change program, including initiatives to enhance the operational and governance support of NAIF’s growing investment activity. These initiatives will address the ANAO findings and key recommendations.
The NAIF Board has appointed an independent firm to monitor progress in addressing the ANAO recommendations and report back to the Board.
The change program is well underway with most of the initiatives outlined below in table 18.3.1 now completed. The appointed independent firm is expected to report to the Board on the outcomes from the initiatives and whether the ANAO recommendations have been substantially addressed, by the end of the calendar year.
ANAO Recommendations | Initiatives |
Publish Investment Criteria NAIF publish criteria and all information necessary for applicants to submit complete applications for grants of financial assistance. |
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Information Governance NAIF develop an information governance framework, electronic data and records management system, and appropriate records disposal authorities in line with National Archives of Australia requirements. |
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Demonstrate Investment Impact NAIF publish more information about decisions, public benefit assessments, environmental assessments and Indigenous engagement strategies. |
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Non-Official E-Mail Accounts NAIF cease the use of all non-official email accounts and servers to conduct official business. |
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Consistent and Transparent Rationale for Decision Making NAIF select projects at each assessment stage on a consistent and transparent basis in accordance with published criteria, and retain adequate documentation to record the rationale for decisions made and actions undertaken. |
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Performance Management NAIF revise its performance measures and targets to provide clearer accountability and transparency in the measurement of its performance, and measure and report on the realisation of public benefit. |
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NAIF Act - Section 42 Reporting
For the purpose of s42 of the NAIF Act NAIF reports as follows.
- Investment Mandate changes: There were no Investment Mandate changes during the period.
- Summary of proposal notices given to the Minister: NAIF must give the responsible Minister a written proposal notice under section 11(2) of the NAIF Act for each project on which it proposes to provide financial assistance. NAIF provided notices for the eleven Investment Decisions made by the NAIF Board between 1 July 2019 and 30 June 2020.
Proponent | Jurisdiction | Project | Max. value of NAIF Investment Decision |
Genex Power Ltd | Near Einasleigh, Qld | Kidston Project (Stage 2) - pumped storage hydro project with integrated solar project. Reuses existing mine pits for storage of power. | $610m |
Signature Onfarm Pty Ltd | Clemont, Qld | Greenfield on-farm specialist service beef processing facility. | $25m |
Australian Aboriginal Mining Corporation Pty Ltd | Pilbara region, WA | Metal ore mining | $12.5m |
Metro Mining Ltd | Western Cape York, Qld | Expansion of existing Bauxite Hills Mine | $47.5m |
Cowboys Rugby League Football Ltd | Townsville, Qld | Townsville Community Training and high-performance centre | $20m |
Northern Territory Government | Darwin, NT | Darwin Ship Lift and Marine Industry Project | $300m |
James Cook University | Townsville, Qld | Construction of a student accommodation facility in Townsville JCU Campus | $46m |
Mater Health Services North Queensland Ltd | Townsville, Qld | New multi-deck carpark at the Mater Hospital’s Pimlico campus | $19.75m |
Kalium Lakes Potash Pty Ltd[1] | Beyondie (Pilbara), WA | Beyondie sulphate of potash project | $10.5m |
Strandline Resources Ltd | North of Geraldton, WA | Coburn Heavy Mineral Sands Project | $150m |
Charles Darwin University | Darwin NT | Transfer of Significant portion of CDU's existing Casuarina Campus to the Darwin CBD | $151.5m |
[1] This includes an Investment Decision to offer Kalium Lakes project an $10.5m contingency facility to ensure that the project would have the best chance of progressing if their proposed equity raising was not fully subscribed. Due to a successful equity fund raising, this facility was not ultimately needed by Kalium Lakes and therefore it is not included in the NAIF commitments $ amount
c. Summary of rejection notices by the Minister: There were no rejection notices from the responsible Minister during the period.
d. Summary of projects for which financial assistance was approved during the period: Table 18.4.2 below provides a summary of each project supported by an FY19-20 Investment Decision.
Project[1] | Tenor (years) | Senior | Subordinated | Secured | Interest rate concession | Interest capitalisation | Interest only |
Genex Power | 30.25 | Y | Y | Y | Y | ||
Signature Onfarm | 12.75 | Y | Y | Y | Y | Y | |
AAMC | 1.5 - 3 | Y | Y | Y | Y | ||
Metro Mining | 9 | Y | Y | Y | Y | ||
Cowboys | 15 | Y | Y | Y | Y | Y | |
Darwin Shiplift | 28 | Y | Y | Y | Y | ||
JCU | 25 | Y | Y | Y | Y | ||
Mater Health | 20 | Y | Y | Y | Y | ||
Kalium Lakes | 7 | Y | Y | Y | |||
Strandline | 15.5 | Y | Y | Y | Y | ||
CDU | 27.5 | Y | Y | Y | Y |
[1] See proponent names and project details in Table 18.4.1 Summary of Proposal Notices
Each loan pays an upfront facility fee and an interest rate above the Commonwealth cost of borrowing which represents returns to the Commonwealth.
The risks to the Commonwealth are rigorously assessed during the due diligence process to ensure the risks are understood and mitigated where possible. Risks include project, credit, transaction, structure, environmental and social, construction, technology, operation, management, market, industry, business, financial and concentration risk.
e. Summary of adjustments or concessions made by NAIF in relation to infrastructure projects that have not progressed as planned: There were no adjustments or concessions of this type during the reporting period.
Indemnities and Insurance
Insurances provided by Comcover and Comcare have general application that includes Board members and NAIF staff as per the ordinary insurances required of Commonwealth entities. Total premiums paid during the reporting period were $18,960.
Visit
https://www.transparency.gov.au/annual-reports/northern-australia-infrastructure-facility/reporting-year/2019-20-37