(Kiefel CJ, Bell and Edelman JJ)). That duty extends, a fortiori, to a Minister to whom specific powers and functions are conferred and supports the existence of a duty to be impartial in circumstances where there are purposes for which those powers and functions may be exercised, as well as standards, criteria or other factors which are to be considered or taken into account in the exercise of those powers and functions. Here, the relevant member of Parliament was the Treasurer or Premier exercising specific powers in relation to the allocation of public funds for variously described purposes.
232 The Commission described the ERC as a "committee of Cabinet" whose role was "to assist Cabinet and the treasurer in framing the fiscal strategy and budget for Cabinet's consideration" and to consider "proposals with financial implications brought forward by ministers" ([11.170]). The applicant as Treasurer caused the ACTA proposal to be included on the agenda for the ERC meeting of 14 December 2016, which resulted in that committee approving the $5.5 million grant.
233 The grant as approved was to be sourced from the Regional Growth-Environment and Tourism Fund (RGET Fund), which was a part of the Restart NSW Fund, which in turn was established for the purpose of "setting aside funding for and securing the delivery of major infrastructure projects and other necessary infrastructure" (Restart NSW Fund Act 2011 (NSW), s 3). At the time of the ERC ACTA decision, the RGET Fund was a "new fund", the guidelines of which had not yet been finalised ([11.245]–[11.246]). That fund was formed under the Restart NSW Fund Act 2011 (NSW), and the relevant Minister for that Act was the Treasurer ([11.241]–[11.246]). Although it was proposed that the majority of that funding would go through "competitive grounds based programs", Mr Barnes' evidence was that there were "two or three" exceptions to this occurring, including the ACTA funding proposal ([11.249]).
234 In these circumstances the Commission did not err in proceeding on the basis that in participating in decisions concerning any grant allocation from the RGET Fund to ACTA the applicant was required to act in the public interest and to exercise the relevant power for the purpose for which it was conferred and consistently with any eligibility and assessment criteria. At the same time, the applicant was required not to take into account any extraneous or irrelevant purpose or consideration.
235 The position was similar in relation to the RCM Stage 2 proposal. A further $20 million in funding for this stage was the subject of a commitment and funding reservation recorded in the letter on the Premier's letterhead and signed by Mr Perrottet as Treasurer on or shortly before 24 August 2018. That $20 million was "reserved" against the Regional Communities Development Fund (RCD Fund), which was a "competitive fund" launched through the Regional Growth Fund ([12.137], [12.156]). The effect of that reservation was that available funding in that amount could not be spent on other projects unless the reservation was released.
236 Ground of review 8 should be rejected.
