States Grants (Roads) Act 1977

Act No. 101 of 1977 as amended

[Note: This Act was repealed by Act No. 8 of 2005 on 22 February 2005]

This compilation was prepared on 31 January 2000
taking into account amendments up to Act No. 146 of 1999

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

Part II—National roads

4 Interpretation

5 Declaration of national highways and national commerce roads

6 Standards for national roads

7 Approval of programs

8 Amount of grants

9 Conditions of grant of financial assistance

Part III—Roads other than national roads

10 Interpretation

11 Approval of programs

12 Allocations for local roads

13 Amount of grants

14 Conditions of grant of financial assistance

15 Expenditure by State from its own resources

Part IV—General

16 Particulars of projects

17 Minister may require State to furnish information

18 Alternative arrangements for approval of programs

19 Variations of amounts specified in Schedules

20 Variations of amounts specified in Schedules by reason of relative priorities

21 Moneys expended after year in which they are paid to State

22 Moneys deemed to have been expended on approved project

23 Statements of expenditure, etc. to be furnished

24 Conditions as to repayment

25 Co‑operation by State

26 Establishment of body representing a State

27 Deduction of amount repayable by State

28 Time and manner of payments

29 Payments to States to be made out of Consolidated Revenue Fund or Loan Fund

30 Authority to borrow

31 Application of moneys borrowed

32 Reimbursement of Consolidated Revenue Fund from Loan Fund

33 Appropriation

34 Delegations

35 Payments under States Grants (Roads Interim Assistance) Act 1977

36 Programs submitted before commencement of Act

Schedule 1—Division among States of total grants with respect to national roads

Schedule 2—Amounts of grants in respect of the construction of national highways

Schedule 3—Amounts of grants in respect of the maintenance of national highways

Schedule 4—Amounts of grants in respect of the construction of national commerce roads

Schedule 5—Division among States of total grants with respect to roads other than national roads

Schedule 6—Amounts of grants to be expended on the construction of rural arterial roads

Schedule 7—Amounts of grants to be expended on the construction and maintenance of rural local roads

Schedule 8—Amounts of grants to be expended on minor traffic engineering and road safety improvements with respect to roads

Schedule 9—Amounts of grants to be expended on the construction of urban arterial roads

Schedule 10—Amounts of grants to be expended on the construction of urban local roads

Schedule 11—Quotas

Notes

An Act to grant financial assistance to the States in relation to national roads and other roads

Part I—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the States Grants (Roads) Act 1977.

2  Commencement [see Note 1]

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Interpretation

 (1) In this Act, unless the contrary intention appears:

construction, in relation to a road, includes:

 (a) the reconstruction or realignment of the road;

 (b) the bringing of the road to a higher standard;

 (c) investigation and associated engineering studies in connexion with:

 (i) the construction, reconstruction or realignment of the road;

 (ii) the bringing of the road to a higher standard; or

 (iii) the planning of alternative routes for the road;

 (d) the acquisition of land for the purpose of:

 (i) constructing, reconstructing or realigning the road; or

 (ii) bringing the road to a higher standard; and

 (e) the doing of any other thing in relation to a matter specified in paragraph (a) or (b) approved by the Minister for the purposes of this definition;

but does not include the maintenance of the road.

government authority means a municipal, shire or other local authority, and includes an authority of a State, being an incorporated body, that is responsible for the construction and maintenance of rural local roads in an area of the State.

maintenance, in relation to a road, includes the repair of the road.

minor traffic engineering and road safety improvements, in relation to a road, includes:

 (a) works for the purpose of regulating the movement of persons or vehicles on the road; and

 (b) works designed to promote the safety of persons using the road.

national commerce road means a road or proposed road in respect of which a declaration under subsection 5(3) is in force, or a part of such road or proposed road.

national highway means a road or proposed road in respect of which a declaration under subsection 5(1) or (2) is in force, or a part of such a road or proposed road.

national road means a national highway or a national commerce road.

period to which this Act applies means the period that commenced on 1 July 1977 and ends on 30 June 1980.

road includes:

 (a) a road sign;

 (b) traffic control equipment;

 (c) street lighting equipment;

 (d) a vehicular ferry;

 (e) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;

 (f) a path for the use of persons riding bicycles;

 (g) a ramp provided to facilitate the launching of boats; and

 (h) vehicular access from a road to a ramp referred to in paragraph (g);

associated with a road.

road planning or research means scientific, technical or economic planning, investigation or research related to roads or road transport, and includes:

 (a) the investigation of transport by road in relation to othermeans of transport; and

 (b) research into road safety, the design of vehicles and the behaviour of road users.

road works means:

 (a) the construction of roads;

 (b) the maintenance of roads; and

 (c) minor traffic engineering and road safety improvements in relation to roads.

rural arterial road means a rural road that is for the time being declared by the Minister to be a rural arterial road for the purposes ofthis Act.

rural local road means a rural road that is not a national road or a rural arterial road.

rural road means a road or proposed road not in an urban area.

urban area means an area designated for the purposes of the Census taken in the year 1971 as:

 (a) the Sydney Statistical Division;

 (b) the Melbourne Statistical Division;

 (c) the Brisbane Statistical Division;

 (d) the Adelaide Statistical Division;

 (e) the Perth Statistical Division;

 (f) the Hobart Statistical Division;

 (g) the Newcastle Statistical District;

 (h) the Wollongong Statistical District;

 (j) the Geelong Statistical District;

 (k) Urban Ballarat;

 (l) Urban Bendigo;

 (m) Urban Townsville;

 (n) Urban Toowoomba;

 (p) Urban Gold Coast;

 (q) Urban Rockhampton; or

 (r) Urban Launceston.

urban arterial road means a road or proposed road in an urban area that is for the time being declared by the Minister to be an urban arterial road for the purposes of this Act.

urban local road means a road or proposed road in an urban area that is not a national road or an urban arterial road; year to which this Act applies means the year that commenced on 1 July 1977 or either of the 2 next succeeding years.

 (2) A reference in this Act to an amount expended by a State in respect of an approved project within the meaning of Part II is a reference to an amount expended in connexion with the carrying out of the works constituting the approved project in accordance with any standards applicable to those works by virtue of a notification in force under section 6.

 (3) An amount paid by a State to a government authority for a particular purpose shall, for the purposes of this Act, be deemed to have been expended by the State for that purpose, and an amount set aside by a State for payment to a government authority for a particular purpose shall, for the purposes of this Act, be deemed to have been set aside by the State for expenditure for that purpose.

 (4) For the purposes of this Act, where an amount is expended by a State or a government authority by way of the payment of wages and an amount of tax is paid by the State or the authority (whether by way of a payment of moneys, the crediting of an account or otherwise) on those wages, being a tax imposed by a law of the State upon employers on wages paid by them, the amount of tax shall be deemed to be an additional amount of those wages.

 (5) In subsection (4), wages includes payments in the nature of wages.

 (6) Subject to subsection (4), for the purposes of this Act, moneys paid or credited by a State to a trust account or other account in the Treasury of the State shall not be taken, by reason only of their having been so paid or credited, to have been expended by the State.

Part II—National roads

4  Interpretation

  In this Part, unless the contrary intention appears:

approved program means:

 (a) a program of projects approved by the Minister under section 7; or

 (b) a statement approved under subsection 18(3).

approved project means:

 (a) a project in a program approved by the Minister under section 7; or

 (b) a project included in a statement approved under subsection 18(3).

project means a project by way of:

 (a) the construction of a national highway;

 (b) the maintenance of a national highway; or

 (c) the construction of a national commerce road.

5  Declaration of national highways and national commerce roads

 (1) The Minister may declare a road in a State that constitutes, or a proposed road in a State that would, if constructed, constitute, a part of the road that, in the opinion of the Minister, is or will be the principal road linking:

 (a) 2 or more State capital cities;

 (b) a State capital city and Canberra;

 (c) a State capital city and Darwin;

 (d) Brisbane and Cairns; or

 (e) Hobart and Burnie;

to be a national highway for the purposes of this Act.

 (2) The Minister may declare a road in a State that constitutes, or a proposed road in a State that would, if constructed, constitute, a road that should, in the opinion of the Minister, be treated, by reason of its national importance, as a national highway for the purposes of this Act to be, for those purposes, a national highway.

 (3) The Minister may declare a road in a State that facilitates, or a proposed road in a State that would, if constructed, facilitate, trade or commerce, or the development of trade or commerce, with other countries or among the States to be a national commerce road for the purposes of this Act.

 (4) The Minister may revoke or vary a declaration made under this section.

6  Standards for national roads

 (1) For the purpose of ensuring that this Act is conducive to the construction and maintenance of national roads that are of an adequate standard, the Minister may, from time to time:

 (a) request a State to furnish such information as the Minister specifies relating to the use or likely use of national roads, including the effect on the likely use of national roads of projects that the State is carrying out or proposes to carry out by way of the construction or maintenance of other roads in the State;

 (b) after consultation with a State, notify to the State works, or classes of works, by way of construction and maintenance of the national roads in the State that the Minister considers necessary to be carried out;

 (c) notify to a State the order in which the Minister considers that works in connexion with national roads in the State should be carried out; and

 (d) notify to a State standards, applicable either generally or otherwise as specified in the notification, that the Minister considers necessary to be observed in connexion with the construction or maintenance of national roads.

 (2) The Minister may revoke or vary a notification forwarded to a State in accordance with subsection (1).

7  Approval of programs

 (1) The Minister may request a State to submit a program of projects proposed to be undertaken by the State during a year to which this Act applies in accordance with any notification or notifications in force under section 6 and may, in the request, specify:

 (a) the form in accordance with which, and the date before which, the program of projects is to be furnished to him for the purposes of this section;

 (b) the particulars of projects to be specified in the program; and

 (c) classes of projects in respect of which particulars of the projects are to be approved by him before the projects are included in such a program.

 (2) Where:

 (a) a State, in accordance with a request made to it under subsection (1), furnishes to the Minister a program of projects of works referred to in a notification in force under paragraph 6(1)(b); and

 (b) the program complies with any requirements set out in a notification in force under paragraph 6(1)(c) or (d) that are applicable in relation to it;

the Minister may:

 (c) approve the program; or

 (d) modify the program to the extent he thinks desirable, and approve the program as so modified.

 (3) A reference in subsection (2) to the modification of a program includes references to the omission of a project from a program and the addition of a project to a program.

 (4) Without limiting the power of the Minister to modify a program under paragraph (2)(d), the Minister may modify a program furnished by a State by omitting a project from that program:

 (a) if he is of the opinion that consultation with the State should be held concerning the project before the project is included in an approved program; or

 (b) if he is of the opinion that preliminary investigations in respect of the project should be carried out before it is included in an approved program.

 (5) For the purposes of this Part, the Minister may, whether or not a notification has been given to a State in accordance with paragraph 6(1)(b), approve, in consultation with the appropriate Minister of the State, programs of projects proposed to be undertaken by the State during a year to which this Act applies.

 (6) The Minister may approve:

 (a) a variation of;

 (b) a revocation of; or

 (c) a revocation of, and the substitution of a new program for,

a program of projects approved by him under subsection (2) or (5).

 (7) Where the Minister approves a program of projects for a year to which this Act applies:

 (a) if the program includes a project that is a stage of a larger project and the Minister has approved the carrying out of the larger project partlyin that year and partly in a succeeding year to which this Act applies—the Minister shall be deemed to have approved the inclusion of the stage of the project to be carried out in a succeeding year to which this Act applies in the program of projects to be carried out in that succeeding year; and

 (b) if the program includes a project that is to be carried out in that year but the project is not completed in that year—the Minister shall, unless the year is the year commencing on 1 July 1979, be deemed to have approved the inclusion of the uncompleted part of the project in the approved program for the next following year to which this Act applies.

8  Amount of grants

 (1) Subject to this Act, there is payable to each State, in respect of each year specified in Schedule 1, by way of financial assistance, the amount that is applicable to the State in respect of that year in accordance with that Schedule.

 (2) Moneys are payable to a State under subsection (1) for the purpose of enabling the carrying out of approved projects.

9  Conditions of grant of financial assistance

 (1) The grant of financial assistance to a State in accordance with section 8 is subject to the condition that the State will comply with this section.

 (2) A State shall, out of moneys paid to it under section 8 in respect of a year, expend during that year, on the construction of national highways, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 2.

 (3) A State shall, out of moneys paid to it under section 8 in respect of a year, expend during that year, on the maintenance of national highways, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 3.

 (4) A State shall, out of moneys paid to it under section 8 in respect of a year, expend during that year, on the construction of national commerce roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 4.

Part III—Roads other than national roads

10  Interpretation

 (1) In this Part, unless the contrary intention appears:

approved program means:

 (a) a program of projects approved by the Minister under subsection 11(2);

 (b) a program of proposed allocations for local roads approved by the Minister under subsection 12(3); or

 (c) a statement approved under subsection 18(3).

approved project means:

 (a) a project in a program approved by the Minister under subsection 11(2);

 (b) road works covered by a program of proposed allocations for local roads approved by the Minister under subsection 12(3); or

 (c) a project included in a statement approved under subsection 18(3).

project means a project by way of:

 (a) the construction of rural arterial roads, urban arterial roads or urban local roads;

 (b) the construction and maintenance of rural local roads; or

 (c) minor traffic engineering and road safety improvements in relation to roads.

 (2) A reference in the definition of project in subsection (1) to the construction, or the construction and maintenance, of roads of a particular kind shall be read as including a reference to any proposed purchase of road making plant to be used in the construction or the construction and maintenance, as the case may be, of roads of that kind.

11  Approval of programs

 (1) The Minister may notify a State of the date before which a program of projects proposed to be undertaken by the State during a year to which this Act applies, being projects of a kind specified in the notification, is to be submitted to him for approval.

 (2) The Minister, after consultation with the appropriate Minister of a State, may approve programs of projects proposed to be undertaken by the State during a year to which this Act applies.

 (3) A State may propose to the Minister:

 (a) a variation of;

 (b) a revocation of; or

 (c) a revocation of, and the substitution of a new program for, a program of projects approved by the Minister under subsection (2), but the variation, revocation or revocation and substitution does not take effect for the purposes of this Part until it has been approved by the Minister.

 (4) Where a variation or substitution is approved under subsection (3), the program as varied or the substituted program shall be deemed to be a program of projects approved by the Minister under subsection (2).

 (5) Where the Minister approves a program of projects for a year to which this Act applies:

 (a) if the program includes a project that is a stage of a larger project and the Minister has approved the carrying out of the larger project partly in that year and partly in a succeeding year to which this Act applies—the Minister shall be deemed to have approved the inclusion of the stage of the project to be carried out in a succeeding year to which this Act applies in the program of projects to be carried out in that succeeding year; and

 (b) if the program includes a project that is to be carried out in that year but the project is not completed in that year—the Minister shall, unless the year is the year commencing on 1 July 1979, be deemed to have approved the inclusion of the uncompleted part of the project in the approved program for the next following year to which this Act applies.

12  Allocations for local roads

 (1) In this section, allocation for local roads means:

 (a) the expenditure of moneys by a State on road works; or

 (b) payment of moneys by a State to a government authority in the State for expenditure by the authority on road works;

being road works of one of the following kinds:

 (c) the construction and maintenance of rural local roads for which the State or the authority is responsible;

 (d) the construction of urban local roads for which the State or the authority is responsible.

 (2) The Minister may notify a State of the date before which a program of proposed allocations for local roads in respect of a year to which this Act applies, being proposed allocations in relation to a specified purpose, is to be submitted to him for approval.

 (3) The Minister, after consultation with the appropriate Minister of a State, may approve:

 (a) a program of proposed allocations for local roads in respect of the construction and maintenance of rural local roads in respect of the State for a year to which this Act applies; and

 (b) a program of proposed allocations for local roads in respect of the construction of urban local roads in respect of the State for a year to which this Act applies.

 (4) A State may propose to the Minister:

 (a) a variation of;

 (b) a revocation of; or

 (c) a revocation of, and the substitution of a new program for,

a program of proposed allocations for local roads approved by the Minister under subsection (3) but the variation, revocation or revocation and substitution does not take effect for the purposes of this Part until it has been approved by the Minister.

 (5) Where a variation or substitution is approved under subsection (4), the program as varied or the substituted program shall be deemed to be a program of proposed allocations for local roads approved by the Minister under subsection (3).

13  Amount of grants

 (1) Subject to this Act, there is payable to each State, in respect of each year specified in Schedule 5, by way of financial assistance, the amount that is applicable to the State in respect of that year in accordance with that Schedule.

 (2) Moneys are payable to a State under subsection (1) for the purpose of enabling the carrying out of approved projects.

14  Conditions of grant of financial assistance

 (1) The grant of financial assistance to a State in accordance with section 13 is subject to the condition that the State will comply with this section.

 (2) A State shall, out of moneys paid to it under section 13 in respect of a year, expend during that year on the construction of rural arterial roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 6.

 (3) A State shall, out of moneys paid to it under section 13 in respect of a year, expend during that year on the construction and maintenance of rural local roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 7.

 (4) A State shall, out of moneys paid to it under section 13 in respect of a year, expend during that year on minor traffic engineering and road safety improvements in relation to roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 8.

 (5) A State shall, out of moneys paid to it under section 13 in respect of a year, expend during that year on the construction of urban arterial roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 9.

 (6) A State shall, out of moneys paid to it under section 13 in respect of a year, expend during that year on the construction of urban local roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 10.

15  Expenditure by State from its own resources

 (1) In this section, quota, in relation to a State and in relation to a year, means the amount applicable to the State in respect of that year in accordance with Schedule 11 as adjusted in accordance with subsection (2).

 (2) Where the quota applicable to a State in respect of the year that commenced on 1 July 1977 or the year commencing on 1 July 1978 is greater or less than the amount, or the aggregate of the amounts, that the State has, during that year, from its own resources, expended, or set aside for expenditure, on road works, the quota otherwise applicable to the State in respect of the next following year shall be deemed to be reduced or increased by the amount of the excess or deficiency.

 (3) Where the quota applicable to a State in respect of the year commencing on 1 July 1979 exceeds the amount, or the aggregate of the amounts, that the State has, during that year, from its own resources, expended, or set aside for expenditure, on road works, the State shall pay to the Commonwealth an amount equal to the excess, or such lesser amount as the Minister for Finance determines.

 (4) For the purposes of this section, an amount set aside for expenditure during a year to which this Act applies shall not be taken into account as an amount so set aside unless it is expended during a period of 6 months next following the expiration of that year, and, if it is so expended, shall not be taken into account in the year in which it is so expended.

 (5) For the purposes of this section, where a State has received, or is entitled to receive, financial assistance under the Transport (Planning and Research) Act 1974 or the Transport Planning and Research (Financial Assistance) Act 1977 in relation to moneys expended by the State on road planning or research, the State shall be deemed to have, from its own resources, expended on road works an amount equal to the amount by which the moneys so expended exceeds the amount of that financial assistance.

 (6) Subject to subsection (7), a State may, for the purposes of this section, treat:

 (a) moneys expended by the State in a year to which this Act applies directly in connexion with the provision or maintenance of roads in the State, not being moneys expended on particular road works; or

 (b) moneys expended, or set aside for expenditure, by the State in payment of interest on moneys borrowed by the State and expended by the State on road works;

as having been expended in that year by the State on road works carried out by the State in that year.

 (7) Moneys treated as having been expended on road works in a year by virtue of subsection (6) shall not include:

 (a) any moneys treated, by virtue of section 22, as having been expended in that year on an approved project; or

 (b) moneys expended during a period of 6 months that commenced on 1 July 1977 that have been taken into account for the purposes of section 9 of the Roads Grants Act 1974.

Part IV—General

16  Particulars of projects

 (1) The Minister may, by notice in writing, require the appropriate Minister of a State to furnish to him, within the time specified in the notice, particulars of a project included in a program of projects submitted by the State for approval under section 7 or 11.

 (2) If a Minister of a State does not comply with a requirement of the Minister made to him in accordance with subsection (1), the Minister may exclude the project to which the requirement relates from the program of projects concerned.

 (3) Where:

 (a) the Minister is, in accordance with subsection (1), furnished with particulars of a project included in a program of projects submitted by a State for approval under section 7 or 11; and

 (b) the Minister considers that, having regard to those particulars, the project should be an approved project for the purposes of Part II or III, as the case may be;

the Minister may direct that those particulars be incorporated in the program so submitted for approval as particulars of the project.

 (4) Where:

 (a) the Minister is, in accordance with subsection (1), furnished with particulars of a project included in a program of projects submitted by a State for approval under section 7 or 11; and

 (b) the Minister considers that, having regard to those particulars, the project should not be an approved project for the purposes of Part II or III, as the case may be;

the Minister may exclude the project from the program of projects submitted to him for approval.

17  Minister may require State to furnish information

 (1) In addition to the conditions specified in any other provision of this Act, the grant of financial assistance to a State in accordance with this Act is subject to the condition that the appropriate Minister of the State will comply with any requirement of the Minister made to him in accordance with subsection (2).

 (2) The Minister may, by notice in writing, require the appropriate Minister of a State to furnish to him, within the time specified in the notice, such information in relation to matters relevant to the operation of this Act as is specified in the notice.

18  Alternative arrangements for approval of programs

 (1) The Minister and the appropriate Minister of a State may enter into an arrangement that provides for the setting up of a committee of persons representing both Ministers to carry out planning and furnish advice to both Ministers in connexion with the provision and maintenance of roads in the State.

 (2) A committee set up under an arrangement under subsection (1) may prepare and submit to both Ministers a statement of the proposed development of the road system, or any part of the road system, of the State during a year to which this Act applies, including a statement of the objectives to be achieved by, and the priorities to be observed in, that proposed development.

 (3) The Ministers referred to in subsection (2) may jointly approve a statement submitted to them under that subsection.

 (4) A committee referred to in subsection (2) may make a variation of a statement submitted by it to the Ministers referred to in that subsection but the variation does not take effect for the purposes of this Act until it has been approved jointly by those Ministers.

 (5) Where a statement approved under subsection (3) is varied in accordance with subsection (4), the statement as so varied shall be deemed to be a statement approved under subsection (3).

19  Variations of amounts specified in Schedules

 (1) Where a State satisfies the Minister that the amount specified in a Schedule, being a Schedule the number of which is specified in column 1 of the table in this subsection, in relation to a State in respect of a year is greater than the amount that the State has been, or will be, able to expend, in accordance with this Act, in that year, for the purpose applicable to the amount under the provision specified in column 2 of that table opposite to the number of that Schedule, the Minister may direct that the amount so specified in that Schedule shall be deemed to be reduced by such amount as is specified by the Minister in the direction.

 (2) Where the Minister gives a direction under subsection (1) with respect to an amount specified in a Schedule in relation to a State, the Minister may, subject to subsection (3), direct that such other amounts specified in Schedules (other than Schedule 11) in relation to the State shall be deemed to be increased or reduced by such specified amounts as the Minister considers necessary in consequence of that direction.

 (3) A direction shall not be given under subsection (2) in relation to a State if the direction could result in the State becoming liable to repay an amount to the Commonwealth under this Act.

 (4) A direction or directions shall not be given under subsection (2) in relation to a State in consequence of the giving of a direction under subsection (1) if the combined effect of the proposed direction or proposed directions under subsection (2) and the direction under subsection (1) would be that the sum of the amounts available for payment to the State by way of financial assistance under this Act would exceed the sum of the amounts set out in relation to the State in Schedules 1 and 5.

 (5) Where a direction is given under subsection (1) or (2), this Act (other than subsection (4) of this section) has effect as if the amount or amounts referred to in the direction, being an amount or amounts specified in a Schedule or Schedules, had been reduced or increased, as the case may be, in accordance with the direction.

20  Variations of amounts specified in Schedules by reason of relative priorities

 (1) Where a State satisfies the Minister that, by reason of particular road works (in this subsection referred to as the lesser priority works) having a lesser priority than other particular road works (in this subsection referred to as the greater priority works):

 (a) an amount specified in a Schedule in relation to the State in respect of a year, being an amount required by this Act to be expended on road works of a kind in which the lesser priority works are included, should be reduced by an amount specified by the State (in this subsection referred to as the variation); and

 (b) an amount specified in a Schedule in relation to the State in respect of that year, being an amount required by this Act to be expended on road works of a kind in which the greater priority works are included, should be increased by an amount equal to the variation, the Minister may direct that the amounts so specified shall be deemed to be respectively reduced and increased by an amount equal to the variation.

 (2) A reference in subsection (1) to a Schedule shall be read as not including a reference to Schedule 1, 5 or 11.

 (3) A direction shall not be given under subsection (1) in relation to a State if the direction could result in the State becoming liable to repay an amount to the Commonwealth under this Act.

 (4) Where a direction under subsection (1) has effect both in relation to an amount specified in a Part II Schedule and to an amount specified in a Part III Schedule, that direction shall further direct that:

 (a) where the amount specified in the Part II Schedule is to be reduced in accordance with the direction by an amount (in this paragraph referred to as the variation):

 (i) the amount specified in Schedule 1 in relation to the State to which the direction relates in respect of the year to which the direction relates shall be deemed to be reduced by an amount equal to the variation; and

 (ii) the amount specified in Schedule 5 in relation to that State in respect of that year shall be deemed to be increased by an amount equal to the variation; and

 (b) where the amount specified in the Part II Schedule is to be increased in accordance with the direction by an amount (in this paragraph referred to as the variation):

 (i) the amount specified in Schedule 1 in relation to the State to which the direction relates in respect of the year to which the direction relates shall be deemed to be increased by an amount equal to the variation; and

 (ii) the amount specified in Schedule 5 in relation to that State in respect of that year shall be deemed to be reduced by an amount equal to the variation.

 (5) In subsection (4):

Part II Schedule means Schedule 2, 3 or 4.

Part III Schedule means Schedule 6, 7, 8, 9 or 10.

 (6) Where a direction is given under subsection (1), this Act has effect as if the amounts referred to in the direction, being amounts specified in Schedules, had been respectively reduced and increased in accordance with the direction.

21  Moneys expended after year in which they are paid to State

  Moneys:

 (a) paid to a State under this Act in a year;

 (b) set aside by a State in that year for expenditure in accordance with this Act; and

 (c) expended by a State during the period of 6 months immediately following the expiration of that year, or within such further period as the Minister for Finance approves, shall, for the purposes of sections 9 and 14, be deemed to have been expended during that year.

22  Moneys deemed to have been expended on approved project

 (1) Subject to subsection (2), a State may, for the purposes of this Act (other than section 15), treat moneys expended by the State in a year to which this Act applies directly in connexion with the provision or maintenance of roads in the State, not being moneys expended on particular road works, as having been expended in that year by the State on an approved project carried out by the State in that year.

 (2) Moneys treated as having been expended on an approved project in a year by virtue of subsection (1):

 (a) shall not include any moneys treated, by virtue of that subsection, as having been expended in respect of any other approved project; and

 (b) shall not exceed, in the aggregate, 4% of the moneys otherwise expended on that project in that year.

 (3) In this section, approved project means an approved project within the meaning of Part II or III.

23  Statements of expenditure, etc. to be furnished

 (1) In addition to the conditions specified in any other provision of this Act, payment of an amount to a State under this Act in respect of a year is subject to the condition that the State will submit to the Minister for Finance:

 (a) as soon as practicable after 30 June in that year, a statement, in accordance with a form approved by him:

 (i) as to the expenditure by the State during that year out of that amount and as to any sum set aside during that year out of that amount for expenditure by the State but not expended during that year; and

 (ii) as to amounts expended on road works by the State from its own resources during that year and as to any sum set aside during that year for expenditure by the State from its own resources on road works but not expended during that year;

 (b) as soon as practicable after 31 December in the next succeeding year, a statement, in accordance with a form so approved:

 (i) as to the expenditure by the State during the period of 6 months ended on that date out of any sum set aside but not expended as mentioned in subparagraph (a) (i); and

 (ii) as to amounts expended on road works by the State from its own resources during the period of 6 months ended on that date out of any sum set aside but not expended as mentioned in subparagraph (a) (ii); and

 (c) if the Minister for Finance so directs, a certificate by the Auditor‑General of the State certifying that, in his opinion, such of the contents of a statement referred to in paragraph (a) or (b) as the Minister for Finance specifies are correct.

 (2) An amount shown in a statement mentioned in paragraph (1)(b) as having been expended during the period referred to in the paragraph shall not be shown to have been expended in any succeeding statement furnished by a State under subsection (1).

24  Conditions as to repayment

  In addition to the conditions specified in any other provision of this Act:

 (a) payment of an amount to a State under this Act is subject to the condition that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed, with respect to that amount, to fulfil the condition specified by subsection 23(1), the State will repay the amount, or such part of the amount as the Minister specifies, to the Commonwealth; and

 (b) the grant of financial assistance to a State in accordance with this Act is subject to the condition that, if the sum of the amounts paid to a State by way of financial assistance under this Act in respect of a year to which this Act applies has not been expended, or otherwise dealt with, in accordance with this Act, the State shall, on demand by the Minister for Finance, pay to the Commonwealth an amount specified by the Minister for Finance being an amount not greater than so much of the sum of those amounts as has not been so expended or otherwise dealt with.

25  Co‑operation by State

 (1) In addition to the conditions specified in any other provision of this Act, the grant of financial assistance to a State in accordance with section 8 is subject to the following conditions:

 (a) that the State will, at all reasonable times, permit a person authorized by the Minister:

 (i) to inspect any work involved in the carrying out of an approved project;

 (ii) to carry out reasonable tests on any work that has been or is being carried out on an approved project, being tests designed to ascertain whether the work has been or is being carried out in accordance with the standards applicable to that work in accordance with section 6; and

 (iii) to inspect and take copies of, or extracts from, any plans, designs, tenders, records or other documents relating to an approved project;

 (b) that, if the Minister so requests with respect to an approved project, there will be furnished to the Minister by the State, as soon as practicable after such date as the Minister specifies, a comprehensive report concerning the project or a specified part of the project, being a report containing such particulars as are specified by the Minister;

 (c) that the State will permit a person authorized by the Minister, at all reasonable times, to inspect and take copies of, or extracts from, any plans, designs, tenders, records or other documents relating to a project that is included in a program that has been submitted to the Minister under section 7;

 (d) that the State shall not, without the consent of the Minister, cause or permit a toll or fee to be charged for the right to travel in a vehicle on or over a particular part of a national road unless a toll or fee was charged for the right to travel in a vehicle on or over the road constituting that part of the national road immediately before the commencement of this Act;

 (e) that the State will make provision satisfactory to the Minister for the construction and maintenance of roads connecting the national roads in the State with other roads in the State; and

 (f) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition specified in a preceding paragraph, the State will repay to the Commonwealth the amount of the financial assistance paid to it in accordance with section 8, or such part of that amount as the Minister specifies.

 (2) In this section, approved project means an approved project within the meaning of Part II.

26  Establishment of body representing a State

  In addition to the conditions specified in any other provision of this Act, the grant of financial assistance to a State in accordance with section 13 is subject to the following conditions:

 (a) that the State shall, if requested by the Minister to do so, establish a body or bodies, representative of Departments and other bodies in the State concerned with roads or road transport, to carry out planning and furnish advice to the State Government in connexion with the provision or maintenance of roads in the State;

 (b) that the State shall, if requested by the Minister to do so, arrange for a representative or representatives of the Commonwealth nominated by the Minister to take part in the deliberations of a body specified by the Minister, being a body established, whether before or after the commencement of this Act and whether by reason of a request under paragraph (a) or otherwise, by the State to carry out planning and furnish advice, in connexion with the provision or maintenance of roads in the State; and

 (c) that the State will, if the Minister so directs, furnish to the Minister, as soon as practicable after such date as the Minister specifies, such particulars as the Minister specifies concerning projects that the State is carrying out by way of the planning of the construction or maintenance of roads; and

 (d) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition specified in paragraph (a), (b) or (c), the State will repay to the Commonwealth the amount of the financial assistance paid to it in accordance with section 13, or such part of that amount as the Minister specifies.

27  Deduction of amount repayable by State

  The Minister for Finance may deduct any amount repayable by a State under this Act from an amount payable by the Commonwealth to the State under this Act.

28  Time and manner of payments

  Payments to a State under this Act shall be made at such times, and in such amounts, as the Minister for Finance approves.

29  Payments to States to be made out of Consolidated Revenue Fund or Loan Fund

  Payments to a State for the purposes of this Act may be made out of the Consolidated Revenue Fund or the Loan Fund.

30  Authority to borrow

  The Treasurer may, during the period to which this Act applies, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of:

 (a) the total amount of financial assistance that may be granted to the States under this Act; and

 (b) the expenses of borrowing.

31  Application of moneys borrowed

  Moneys borrowed under section 30 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with this Act and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 32.

32  Reimbursement of Consolidated Revenue Fund from Loan Fund

 (1) Where an amount has been paid out of the Consolidated Revenue Fund under this Act, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

 (2) In any statement prepared by the Minister for Finance under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

33  Appropriation

  The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

34  Delegations

 (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person appointed or engaged under the Public Service Act 1999 any of his powers under section 6, 7, 11 or 12.

 (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

 (3) A delegation under this section does not prevent the exercise of a power by the Minister.

35  Payments under States Grants (Roads Interim Assistance) Act 1977

 (1) Where a payment to a State under the States Grants (Roads Interim Assistance) Act 1977 is expended on:

 (a) a road work included in a program of projects proposed to be undertaken during the year that commenced on 1 July 1977 that has been approved by the Minister under section 7 or 11; or

 (b) a road work of a kind to which a proposed allocation for local roads in respect of the year that commenced on 1 July 1977 relates, being a proposed allocation included in a program of proposed allocations for local roads approved by the Minister under section 12, this section applies to that payment.

 (2) Where the road work on which a payment to which this section applies is expended is:

 (a) the construction of a national highway;

 (b) the maintenance of a national highway; or

 (c) the construction of a national commerce road,

then, for the purposes of sections 8 and 9, that payment shall be deemed to have been paid to the State under section 8.

 (3) Where the road work on which a payment to which this section applies is expended is:

 (a) the construction of rural arterial roads, urban arterial roads or urban local roads;

 (b) the construction and maintenance of rural local roads; or

 (c) minor traffic engineering and road safety improvements in relation to roads,

then, for the purposes of sections 13 and 14, that payment shall be deemed to have been paid to the State under section 13.

36  Programs submitted before commencement of Act

 (1) Where a State has, before the commencement of this Act, submitted to the Minister:

 (a) a program of projects to be carried out by the State during the year that commenced on 1 July 1977, being projects for the carrying out of road works; or

 (b) a program of proposed allocations to be made in the year that commenced on 1 July 1977 for the carrying out of road works,

that program shall be deemed, after the commencement of this Act, to have been submitted in accordance with section 7, 11 or 12, as the case requires.

 (2) Where, before the commencement of this Act, the Minister has approved a program referred to in subsection (1), that approval shall be deemed, after the commencement of this Act, to have been given under section 7, 11 or 12, as the case requires.

Schedule 1—Division among States of total grants with respect to national roads

section 8(1) 

Schedule 2—Amounts of grants in respect of the construction of national highways

section 9(2) 

Schedule 3—Amounts of grants in respect of the maintenance of national highways

section 9(3) 

Schedule 4—Amounts of grants in respect of the construction of national commerce roads

section 9(4) 

Schedule 5—Division among States of total grants with respect to roads other than national roads

section 13(1) 

Schedule 6—Amounts of grants to be expended on the construction of rural arterial roads

section 14(2) 

Schedule 7—Amounts of grants to be expended on the construction and maintenance of rural local roads

section 14(3) 

Schedule 8—Amounts of grants to be expended on minor traffic engineering and road safety improvements with respect to roads

section 14(4) 

Schedule 9—Amounts of grants to be expended on the construction of urban arterial roads

section 14(5) 

Schedule 10—Amounts of grants to be expended on the construction of urban local roads

section 14(6) 

Schedule 11—Quotas

section 15(1) 

Notes to the States Grants (Roads) Act 1977

Note 1

The States Grants (Roads) Act 1977 as shown in this compilation comprises Act No. 101, 1977 amended as indicated in the Tables below.

Table of Acts

(a) The States Grants (Roads) Act 1977 was amended by Schedule 1 (Item 834) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

Table of Amendments