Commonwealth Public Bank Act

Open for Review

Author: Nicholas D'Zilva

Status: Proposal - Open for expert review and public consultation

Target: Federal Parliament of Australia

Purpose: Establish a government-owned bank for long-term nation-building finance

Executive Summary

The Structural Finance Gap

Australia faces three interconnected constraints that existing financial institutions cannot adequately address:

1. Nation-Building Finance Gap: Essential infrastructure (water security, housing, energy, agriculture) requires patient capital with decades-long time horizons. Commercial lenders focused on quarterly returns systematically underfund these projects.

2. Sovereign Financial Exposure: Heavy reliance on private and foreign capital creates vulnerability to global credit tightening, interest rate volatility, and external refinancing risk.

3. Market Exclusion: SMEs, farmers, regional operators, and Indigenous businesses are chronically underserved despite their disproportionate role in employment, food security, and regional stability.

The Commonwealth Public Bank Solution

A government-owned financial institution that operates where private finance is structurally misaligned with long-term national outcomes.

Key Mechanisms:

  • Patient capital for nation-building infrastructure
  • Counter-cyclical credit during private market contractions
  • Below-market financing for strategic public projects
  • Retained profits recycled into domestic investment
  • Full APRA prudential regulation and oversight

Not a replacement for private banks—a complement that fills structural gaps.

What This Is NOT

  • ❌ NOT a competitor to private banks
  • ❌ NOT currency creation or monetary policy tool
  • ❌ NOT speculative investment or trading
  • ❌ NOT consumer retail banking at scale
  • ❌ NOT politically directed lending

This is infrastructure finance for long-term national benefit.

Key Provisions

1. Legal and Constitutional Foundation

Establishment: Government-Owned Corporation under existing Commonwealth law (PGPA Act, Corporations Act 2001).

Constitutional Powers:

  • S51(ii) - Taxation and public revenue
  • S51(iv) - Borrowing on public credit
  • S51(xiii) - Banking (excluding state banking)
  • S81 - Consolidated Revenue Fund
  • S96 - Financial assistance to States

Regulatory Oversight:

  • APRA: Full prudential regulation as Authorised Deposit-taking Institution
  • ASIC: Corporate conduct and disclosure
  • ANAO: Mandatory performance and financial audits

2. Capitalisation Mechanism

Principles: Conservative, transparent, non-inflationary capital structure using sovereign and domestic sources.

Capital Sources:

  • National Resource Royalties: Capped proportion of Commonwealth royalties (gas, minerals, gold) redirected to CPB Capital Reserve Fund
  • Sovereign Domestic Bonds: Long-term bonds targeted exclusively at Australian residents, super funds, and domestic institutions
  • Public Sector Deposits: Voluntary surplus funds from Commonwealth agencies under strict liquidity safeguards
  • RBA Liquidity Support: Limited, transparent facilities during establishment phase only

Profit Distribution: All net profits retained for capital strengthening and expanded public lending capacity. No distribution to private shareholders or political entities.

3. Statutory Public-Benefit Mandate

Core Objectives:

  • Finance strategic national infrastructure (water, energy, transport, housing, digital)
  • Provide counter-cyclical credit to SMEs, farmers, regional enterprises
  • Support agricultural resilience, food security, supply chains
  • Expand finance access for Indigenous enterprises and cooperatives
  • De-risk nationally significant projects to catalyse private co-investment

Prohibited Activities:

  • Profit maximisation as primary objective
  • Investment banking or speculative trading
  • Consumer credit markets unrelated to mandate
  • Proprietary trading or derivative speculation

4. Governance and Anti-Capture Safeguards

Independent Board: Appointed by bipartisan parliamentary committee with expertise in banking, economics, law, agriculture, or infrastructure finance. Fixed staggered terms for continuity.

Anti-Capture Mechanisms:

  • No political donations or campaign support
  • No lobbying or third-party advocacy
  • No revolving-door appointments with regulated entities
  • Mandatory conflict-of-interest declarations
  • Ministers cannot direct individual lending decisions

Transparency Requirements:

  • ANAO annual audits
  • Quarterly public reporting of major lending and sector exposure
  • Parliamentary committee oversight with public hearings
  • All policies and performance metrics published online

Anti-Privatisation Lock: Requires supermajority parliamentary approval AND 75% referendum threshold to privatize.

5. Risk Management and Prudential Compliance

Full APRA Regulation: Subject to same standards as private banks including Basel III capital adequacy, liquidity ratios, stress testing, and recovery planning.

Conservative Capital Buffers:

  • Higher-than-minimum capital ratios during initial operations
  • Statutory leverage ceilings
  • Counter-cyclical capital buffers

Credit Risk Framework:

  • Independent credit committees separate from political influence
  • Risk-based pricing reflecting project fundamentals
  • Portfolio diversification limits
  • Transparent disclosure of concessional lending

RBA Relationship: CPB operates within existing monetary system. No currency issuance authority. Access to standard liquidity facilities only.

6. Differentiation from Existing Institutions

Unlike CEFC/NAIF (sector-specific): CPB operates economy-wide across agriculture, housing, energy, regional infrastructure, and SMEs.

Unlike private banks (profit-driven): CPB prioritizes public benefit, serving underserved sectors like small farmers, regional SMEs, Indigenous enterprises.

Unlike sovereign wealth funds (foreign investment): CPB focuses exclusively on domestic development, recycling national capital within Australia.

Risk management complementarity: CPB de-risks private co-finance, encouraging investment where private actors are reluctant.

7. Expected Outcomes

Economic Resilience: 25-35% lower interest costs for public infrastructure compared to private debt.

Sovereign Capability: Reduced reliance on foreign lenders, lower exposure to global financial shocks.

Regional Strength: Targeted lending strengthens local economies, enhances food/water security.

Fiscal Multiplier: Every dollar lent projected to generate $4-5 in GDP growth through productive investment.

Counter-Cyclical Support: Cushions sectors during downturns without permanent market distortion.

8. Implementation Pathway

Phased, Risk-Managed Approach:

Phase Timeline Key Activities
Phase 0: Pilot 6 months Launch Regional Agricultural Resilience Loan Facility to test model
Phase 1: Scoping 12 months Treasury/RBA consultation, feasibility study, legal review
Phase 2: Legislation 24 months Draft CPB Act, establish governance, initial capitalisation
Phase 3: Soft Launch 36 months Begin targeted lending in housing, agriculture, regional infrastructure
Phase 4: Expansion 48 months Nationwide rollout, integrate co-financing, evaluate outcomes

International Precedents

Bank of North Dakota (USA)

Century-old state-owned bank operating profitably within private banking ecosystem. Demonstrates viability of public banking alongside commercial banks.

KfW (Germany)

Public development bank supporting infrastructure, SMEs, and green energy. Strong risk performance with positive fiscal contributions.

Nordic Public Development Banks

Multiple successful public banks in Nordic countries with low default rates and counter-cyclical lending capacity.

Historical Australian Precedent

Commonwealth Bank of Australia (1911-1991) operated as public institution before privatization, demonstrating historical Australian experience with public banking.

Expert Review Needed

This proposal requires input from economists, bankers, constitutional lawyers, infrastructure experts, and affected communities.

Critical Questions:

  • Is the constitutional basis sound? Any gaps in legal framework?
  • Are capitalisation mechanisms realistic and sustainable?
  • Do governance safeguards adequately prevent capture?
  • Is APRA oversight sufficient for risk management?
  • What unintended market distortions could occur?
  • How would this interact with RBA monetary policy?
  • Are implementation phases realistic and properly sequenced?
  • What international precedents offer best lessons?

How to Contribute

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📧 Email Your Analysis

Prefer email? Send technical analysis, legal review, or economic modeling.

Email: finance@openpolicyaustralia.org

Include your expertise area and specific concerns/suggestions.

Current Status

Initial Proposal Complete

Comprehensive framework developed with legal, governance, and risk management components

Seeking Expert Review

Current Stage: Need analysis from economists, constitutional lawyers, banking experts, infrastructure specialists

Technical Refinement

Pending: Incorporate expert feedback, address identified risks, refine implementation pathway

Economic Modeling

Pending: Detailed fiscal impact analysis, stress testing, comparative modeling

Legal Drafting

Pending: Convert framework into draft Commonwealth Public Bank Act

Parliamentary Consideration

Pending: Offer to compatible politicians, track legislative progress

Why This Matters

For National Infrastructure

Enables long-term nation-building projects that commercial banks won't finance due to time horizons. Water security, energy transition, housing supply all require patient capital.

For Regional Australia

SMEs, farmers, and regional enterprises gain access to capital that commercial lending models systematically deny them. Strengthens regional economies and food security.

For Economic Sovereignty

Reduces dependence on foreign capital for critical domestic infrastructure. Retains financial returns within Australian economy rather than extracting offshore.

For Fiscal Efficiency

Lower borrowing costs for public projects reduce total lifecycle costs by 25-35%. Profits reinvested domestically rather than distributed to private shareholders.

Economists, Lawyers, Bankers: Your Expertise Matters

This proposal needs rigorous technical review to identify strengths, risks, and gaps.

Help refine this framework into viable legislation.