Federal Register of Legislation - Australian Government

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Act No. 152 of 1977 as made
An Act to grant financial assitance to the States in connexion with planning and research in relation to land transport
Date of Assent 10 Nov 1977
Date of repeal 22 Sep 1999
Repealed by Statute Stocktake Act 1999
 

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 1.
Short title.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977

No. 152 of 1977
An Act to grant financial assitance to the States in connexion with planning and research in relation to land transport.

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 Transport Planning and Research (Financial Assistance) Act 1977.*1*

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 2.
Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 3.
Interpretation

3. In this Act, unless the contrary intention appears-

''approved program'', in relation to a State, means a program of projects approved by the Minister, under section 4, as the program of the State for a year to which this Act applies;

''estimated cost'', in relation to an approved program, means the amount, as set out in the program, of the total estimated cost of the program;
''land transport'' means transport by land of persons or freight or persons and freight, and includes transport by water by means of a passenger or vehicular ferry, but does not include transport by sea;

''program of projects'' means a program of projects, in accordance with a form specified by the Minister, setting out particulars of the projects and the amount of the total estimated cost of the program;

''project'' means a project by way of research or planning in relation to land transport;

''research'' means any research or investigation, whether scientific, technical, economic or otherwise;

''year to which this Act applies'' means the year that commenced on 1 July 1977 or any succeeding year.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 4.
Approval of programs

4. (1) The Minister may request a State to submit a program of projects proposed to be undertaken by, or on behalf of, the State during a year to which this Act applies and may, in the request, specify the date before which the program of projects is to be submitted to him for the purposes of this section.

(2) Where a State, in accordance with a request made to it under sub-section (1), submits to the Minister a program of projects, the Minister may approve the program as the program of the State for that year.

(3) The Minister may, with the agreement of the appropriate Minister of a State, modify a program submitted by the State and approve the program as so modified.

(4) A State may propose to the Minister-

(a) a variation of; or

(b) a revocation of, and the substitution of a new program for,
an approved program.

(5) A variation or revocation and substitution referred to in sub- section (4) does not take effect for the purposes of this Act unless it is approved by the Minister.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 5.
Projects commenced after 30 June 1977

5. (1) A State may include in a program of projects proposed to be undertaken by, or on behalf of, the State during the first year to which this Act applies a project that was commenced after 30 June 1977 and before the submission of the program under section 4.

(2) Where a project referred to in sub-section (1) has been completed before the submission under section 4 of the program in which it is included, then, for the purpose of ascertaining the amount of the total estimated cost of the

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program, the estimated cost of that project shall be deemed to be the actual cost of that project.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 6.
Grant of financial assistance in respect of first year to which this Act applies

6. (1) Subject to this Act, where a State has, during the first year to which this Act applies, expended an amount in accordance with the approved program of the State for that year, there is payable to the State, by way of financial assistance, an amount equal to two-thirds of the amount so expended.

(2) The sum of the amounts paid under this section to a State shall not exceed two-thirds of the estimated cost of the approved program of the State for the first year to which this Act applies.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 7.
Grant of financial assistance in respect of a year to which this Act applies, other than first such year

7. (1) In this section, '' year to which this Act applies '' does not include the first year to which this Act applies.

(2) Subject to this Act, where a State has, during a year to which this Act applies, expended an amount in accordance with the approved program of the State for that year, there is payable to the State, by way of financial assistance, an amount equal to one-half of the amount so expended.

(3) The sum of the amounts paid under this section to a State in respect of expenditure by the State during a year to which this Act applies shall not exceed one-half of the estimated cost of the approved program of the State for that year.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 8.
Approved organizations to undertake projects at request of States

8. (1) In this section, '' approved organization '' means an organization one of the objects of which is the undertaking of projects, being an organization that has been approved by the Minister for the purposes of this section.

(2) A State may include in a program of projects submitted by it under section 4 a project proposed to be undertaken by an approved organization at the request of the State, whether the request is made by that State alone or jointly with another State or other States.

(3) A payment made by a State to an approved organization in respect of a project referred to in sub-section (2), being a project included in an approved program, shall, for the purposes of this Act, be deemed to have been expended by the State in accordance with that program.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 9.
Payments to be made out of annual appropriation

9. (1) A payment (including an advance) to a State under this Act shall be made out of moneys available under an appropriation made by the Parliament for the purpose.

(2) The sum of the amounts paid under this Act to a State in the first year to which this Act applies shall not exceed the amount applicable to that State in accordance with the Schedule.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 10.
Advances

10. (1) The Treasurer may, at such times as he thinks fit, make advances to a State of such amounts as he thinks fit on account of an amount that may become payable to the State under this Act.

(2) Without limiting the discretion of the Treasurer under sub- section (1), the Treasurer may refrain from making an advance to a State under that sub-section until the State has furnished to the Treasurer such documents and other evidence to justify the making of the advance to the State or to show how an amount, or part of an amount, advanced to the State under that sub-section has been used or applied, as the Treasurer requests.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 11.
Evidence of expenditure

11. A State is not entitled to a payment of financial assistance under section 6 or 7 in relation to any expenditure during a year to which this Act applies unless the State has furnished the Treasurer with-

(a) a statement in respect of that expenditure, in accordance with a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of the State certifying that, in his opinion, the amounts shown in the statement as having been expended were expended in accordance with the approved program of the State for that year; and

(b) such further information (if any) as the Treasurer requires in respect of that expenditure.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of
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1977 - SECT. 12.
Conditions

12. (1) Payment of an amount (including an advance) to a State under this Act in relation to an approved program of the State is subject to the following conditions:

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

(b) that there will be furnished to the Minister by the State, as soon as practicable after each 30 June, a progress report as at that date on each uncompleted project included in the program;

(c) that there will be furnished to the Minister by the State, as soon as practicable after the completion of each project included in the program, a final report on the project; 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 the amount paid to the State under this Act in relation to that program, or such part of that amount as the Minister specifies, to the Commonwealth.

(2) Payment of an amount (including an advance) to a State under this Act is subject to the condition that the State will repay to the Commonwealth, on demand by the Treasurer, the amount by which, at the time of the demand, the total of the amounts paid to the State under this Act exceeds the total of the amounts that have become payable to the State under this Act.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 13.
Deduction of amount repayable by State

13. The Treasurer may deduct any amount repayable by a State to the Commonwealth under this Act from an amount payable by the Commonwealth to the State under this Act.

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SECT. 14.
Delegation

14. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Australian Public Service any of his powers under section 4.

(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.

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TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - SCHEDULE


SCHEDULE
Section 9 (2)
ALLOCATION OF ASSISTANCE AMONGST STATES IN RESPECT OF FIRST YEAR TO
WHICH THIS ACT APPLIES ------------------------------------------------------------------------------ --
State Amount ------------------------------------------------------------------------------ --

$ New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . 3,096,000 Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,136,000 Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,224,000 South Australia . . . . . . . . . . . . . . . . . . . . . . . . . 584,000 Western Australia . . . . . . . . . . . . . . . . . . . . . . . . 744,000 Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216,000
--------------

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,000,000 ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --

TRANSPORT PLANNING AND RESEARCH (FINANCIAL ASSISTANCE) ACT 1977 No. 152 of 1977 - NOTE


NOTE
1. Act No. 152, 1977; assented to 10 November 1977.