STATES GRANTS (ROADS INTERIM ASSISTANCE) ACT 1977

No. 78 of 1977

An Act to provide for Financial Assistance to the States in relation to Roads.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

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

Commencement.

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

3. (1) In this Act, unless the contrary intention appears—

Interpretation.

“approved road works” means proposed road works approved by the Minister under section 4;

“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 certain of the roads in an area of the State;

“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 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.

(2) 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.

(3) For the purposes of this Act, where an amount is expended by a State or by 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.

(4) In sub-section (3), “wages” includes payments in the nature of wages.

(5) Subject to sub-section (3), 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.

Approval of road works.

4. The Minister may approve proposed road works for the purposes of this Act.

Grants of financial assistance to States.

5. (1) There is payable to a State specified in column 1 of the Schedule, for the purpose of financial assistance with respect to approved road works in the State, the amount specified in column 2 of the Schedule opposite to the name of the State.

(2) Payments in accordance with this section shall be made in such amounts, and at such times during the period of 3 months commencing on 1 July 1977, as the Treasurer approves.

(3) The Minister may make it a condition of a payment under this section that the whole, or a specified part, of the payment will be expended by the State on approved road works specified by the Minister.

(4) Payments in accordance with this section shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Conditions of payment.

6. Payments to a State under this Act are subject to the following conditions: —

(a) that each amount paid to the State under this Act will be expended by the State before 30 June 1978 on approved road works and, where a condition referred to in sub-section 5(3) applies in relation to the amount, in compliance with that condition;

(b) that the State will cause to be furnished to the Minister, at such times as the Minister requires, a statement containing such information as the Minister may require to satisfy himself that, in respect of an amount paid to the State under this Act, the condition specified in paragraph (a) has been fulfilled;

(c) if the Treasurer so directs, the State will cause to be furnished to the Treasurer a certificate by the Auditor-General of the State certifying that, in his opinion, such of the information in a statement furnished to the Minister in compliance with the condition set out in paragraph (b) as the Treasurer specifies is correct; and

(d) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed, in respect of an amount paid to the State under this Act, to fulfil the condition specified in paragraph (a), the State will repay that amount to the Commonwealth.

SCHEDULE                                          Section 5