AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985
- Reprinted as at 30 June 1994 (#DATE 30:06:1994)
*1* The Australian Land Transport (Financial Assistance) Act 1985 as shown in
this reprint comprises Act No. 59, 1985 amended as indicated in the Tables
below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Australian Land Transport (Financial Assistance) Act 1985
59, 1985 4 June 1985 4 June 1985
Australian Land Transport (Financial Assistance) Amendment Act
1986
162, 1986 18 Dec 1986 18 Dec 1986 S. 5
Australian Land Transport (Financial Assistance) Amendment Act
1987
94, 1987 5 Nov 1987 5 Nov 1987 Ss. 7 (2),
12 (2) and
13
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 94, 1987
S. 8 am. No. 94, 1987
S. 14A ad. No. 162, 1986
am. No. 94, 1987
S. 14B ad. No. 94, 1987
S. 15 am. No. 162, 1986; No. 94, 1987
S. 16 am. No. 94, 1987
S. 18 am. No. 94, 1987
Ss. 25, 26 am. No. 94, 1987
S. 30 am. No. 94, 1987
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Declaration of national highways and developmental roads
5. Declaration of urban arterial roads and rural arterial
roads
6. Declaration of interstate mainline railways
7. Declaration of approved railway authorities
8. Declaration of approved research organisations, approved
road safety organisations and approved administrative
organisations
9. Standards for national roads
10. Money deemed to have been expended on national roads
projects
PART II - AUSTRALIAN LAND TRANSPORT TRUST FUND
11. Australian Land Transport Trust Fund
12. Money to be paid into Fund
13. Special provisions for 1985-1986 financial year
14. Re-calculation of relevant rate at end of 1985-1986
financial year
14A. Modification of rate applicable under section 14 in
1986-87
14B. Modification of rate applicable under section 14 from
July 1987
15. Indexation of relevant rate
16. Application of Fund
17. Limit of allocations for financial years 1985-1986 and
1986-1987
18. Limitation of allocations for financial years 1987-1988,
1988-1989 and 1989-1990
19. Minister to allocate balance of funds for expenditure
after 30 June 1987
20. Variation of percentages for arterial roads and local
roads at request of State
21. Minister may re-allocate funds for national roads, road
safety and research
22. Increase of funds for national roads, road safety and
research
23. Time and manner of payments
24. Condition of payment
25. Closing of Fund
PART III - APPROVAL OF PROJECTS AND PROGRAMS
26. Approval of projects and programs
27. Variation of projects etc.
28. Allocations of Fund to local government bodies
PART IV - CONDITIONS OF PAYMENTS
29. Minister may require information to be furnished
30. Statements of expenditure etc. to be given
31. Condition relating to expenditure of moneys paid out of
Fund
32. Additional conditions with respect to approved projects
and programs
PART V - MISCELLANEOUS
33. Deduction of amounts repayable
34. Moneys repaid to Commonwealth
35. Appropriation
36. Delegations
37. Publication of declarations and directions
SCHEDULE 1
LIMIT OF ALLOCATIONS FOR URBAN ARTERIAL ROADS
SCHEDULE 2
LIMIT OF ALLOCATIONS FOR RURAL ARTERIAL ROADS
SCHEDULE 3
LIMIT OF ALLOCATIONS FOR LOCAL ROADS
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - LONG TITLE
SECT
An Act to establish a Trust Fund for the purposes of the grant
of financial assistance for expenditure in relation to land
transport, and for related purposes
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - PART I
PART I - PRELIMINARY
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 1
Short title
SECT
1. This Act may be cited as the Australian Land Transport (Financial
Assistance) Act 1985.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"approved administrative organisation" means an organisation in respect of
which a declaration under subsection 8 (2A) is in force;
"approved organisation" means:
(a) an approved research organisation;
(b) an approved road safety organisation; or
(c) an approved administrative organisation;
"approved railway authority" means an authority in respect of which a
declaration under section 7 is in force;
"approved research organization" means an organization in respect of which a
declaration under subsection 8 (1) is in force;
"approved road safety organization" means an organization in respect of
which a declaration under subsection 8 (2) is in force;
"arterial road" means:
(a) an urban arterial road; or
(b) a rural arterial road;
"capital railway project" means a project by way of capital expenditure in
relation to an interstate mainline railway, and includes:
(a) the construction of an interstate mainline railway; or
(b) the acquisition of rolling stock for use on an interstate mainline
railway;
"construction", in relation to a railway or road, includes:
(a) the reconstruction or realignment of the railway or road;
(b) the bringing of the railway or road to a higher standard;
(c) investigation and associated engineering studies in connection with:
(i) the construction, reconstruction or realignment of the
railway or road;
(ii) the bringing of the railway or road to a higher
standard; or
(iii) the planning of alternative routes for the railway or
road;
(d) the acquisition of land for the purpose of:
(i) constructing, reconstructing or realigning the railway
or road; or
(ii) bringing the railway or 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, in writing, for the purposes of
this definition;
but does not include the maintenance of the railway or road;
"developmental road" means a road, or proposed road, in respect of which a
declaration under subsection 4 (3) is in force;
"Fund" means the Australian Land Transport Trust Fund established by
subsection 11 (1);
"government authority" means:
(a) a local government body;
(b) an authority of a State, being an incorporated body but not being a
local government body, that is responsible for:
(i) the construction or maintenance of roads in, or in an
area of, the State; or
(ii) the provision of railway services over a railway in
the State;
"interstate mainline railway" means a railway, or a proposed railway, in
respect of which a declaration under section 6 is in force;
"local road" means:
(a) a road that is not a national road or an arterial road; or
(b) a path for the use of persons riding bicycles, being a path that is not
associated with a road;
"maintenance", in relation to a road, includes the repair of the road;
"national highway" means a road or proposed road in respect of which a
declaration under subsection 4 (1) or (2) is in force;
"national road" means a national highway or a developmental road;
"organization" includes an association, authority, body or institution,
whether incorporated or unincorporated, and whether or not constituting or
forming part of a Department of State of the Commonwealth or of a State;
"railway" includes:
(a) railway signs;
(b) railway control equipment;
(c) railway lighting equipment;
(d) a bridge or tunnel associated with a railway, including a bridge or
tunnel for the use of pedestrians;
(e) any other thing associated with a railway approved by the Minister in
writing for the purposes of this definition;
"relevant rate" means 3.66 cents per litre;
"road" includes:
(a) a traffic 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;
(h) vehicular access from a road to a ramp referred to in paragraph (g); or
(j) any other thing approved by the Minister in writing for the purposes of
this definition;
associated with a road;
"rural arterial road" means a road, or proposed road, in respect of which a
declaration under subsection 5 (2) is in force;
"State" includes the Northern Territory;
"urban area" means an area designated for the purposes of the Census taken
in the year 1976 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 Darwin Statistical Division;
(h) the Newcastle Statistical District;
(j) the Wollongong Statistical District;
(k) the Geelong Statistical District;
(m) Urban Ballarat;
(n) Urban Bendigo;
(o) Urban Townsville;
(p) Urban Toowoomba;
(q) Urban Gold Coast;
(r) Urban Rockhampton; or
(s) Urban Launceston;
"urban arterial road" means a road, or a proposed road, in respect of which
a declaration under subsection 5 (1) is in force.
(2) An amount paid by a State to a government authority for a particular
purpose and expended by that authority for that 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
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 a part of those wages.
(4) In subsection (3), "wages" includes payments in the nature of wages.
(5) Subject to subsection (3), for the purposes of this Act, money 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 it having been so paid or
credited, to have been expended by the State.
(6) Where an approved organization is, or is part of, a Department of State
of a State:
(a) a reference in this act to the payment of an amount out of the Fund to
the approved organization is a reference to the payment of the amount out of
the Fund to the state by way of the grant of financial assistance;
(b) a reference in this Act to expenditure by the approved organization is a
reference to expenditure by the State; and
(c) a reference in this Act to an act or thing done or to be done by the
organization arising out of such a payment or expenditure is a reference to an
act or thing done or to be done by the State arising out of such a payment or
expenditure.
(7) For the purposes of this Act, a notification or request shall be taken
to have been given to a State if it is given to the appropriate Minister of
the State.
(8) A direction under section 20, 21 or 22 may specify a percentage to be
ascertained in accordance with the formula
A 100
B
where:
A is the number of whole dollars in an amount specified in the direction;
and
B is the number of whole dollars in the amount paid into the Fund otherwise
than under section 34 during a period specified in the direction (including a
period ending after the direction is given).
(9) Unless the contrary intention appears:
(a) a reference in this Act to a road includes a reference to a part of a
road; and
(b) a reference in this Act to a railway includes a reference to a part of a
railway.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 4
Declaration of national highways and developmental roads
SECT
4. (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) Brisbane and Cairns; or
(d) 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) Where the Minister is of the opinion:
(a) that a road or a proposed road in a State is of use or would, if
constructed, be of use:
(i) in the development of particular industries or
particular energy resources (including industries or energy resources in
remote areas of Australia);
(ii) in facilitating or developing trade or commerce with
other countries or among the States; or
(iii) in facilitating, to a significant extent, travel for
tourist purposes; and
(b) that, for that reason, the road is, or the proposed road would, if
constructed, be, of national importance;
the Minister may declare the road or the proposed road to be a developmental
road for the purposes of this Act.
(4) The Minister may revoke or vary a declaration made under this section.
(5) The Minister shall cause a copy of a declaration under this section of a
road or a proposed road in a State to be given to the appropriate Minister of
the State.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 5
Declaration of urban arterial roads and rural arterial roads
SECT
5. (1) The Minister may declare a road, or a proposed road, in a State:
(a) that is predominantly associated with an urban area; and
(b) that forms part of a network of roads the main function of which is to
carry traffic into or across an urban area or between the localities within an
urban area;
to be an urban arterial road for the purposes of this Act.
(2) The Minister may declare a road, or a proposed road, in a State:
(a) that is not in an urban area; and
(b) the main function of which is to carry traffic between or through major
regions, closely settled areas, cities or towns;
to be a rural arterial road for the purposes of this Act.
(3) The Minister may revoke or vary a declaration made under this section.
(4) The Minister shall cause a copy of a declaration under this section of a
road or a proposed road in a State to be given to the appropriate Minister of
the State.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 6
Declaration of interstate mainline railways
SECT
6. (1) The Minister may declare a railway in a State that constitutes, or a
proposed railway in a State that would, if constructed, constitute, a part
of:
(a) the railway that, in the opinion of the Minister, is or will be the
principal railway linking 2 State capital cities; or
(b) any other railway that, in the opinion of the Minister, is of national
significance in relation to trade or commerce between:
(i) the States; or
(ii) a State and the Australian Capital Territory;
to be an interstate mainline railway for the purposes of this Act.
(2) The Minister may revoke or vary a declaration made under this section.
(3) The Minister shall cause a copy of a declaration under this section of a
railway in a State to be given to:
(a) the appropriate Minister of the State; or
(b) the appropriate approved railway authority.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 7
Declaration of approved railway authorities
SECT
7. (1) The Minister may declare an authority that provides, or proposes to
provide, whether jointly with another authority or otherwise, railway services
over, or over part of, an interstate mainline railway to be an approved
railway authority for the purposes of this Act.
(2) The Minister may revoke a declaration made under this section.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 8
Declaration of approved research organisations, approved road
safety organisations and approved administrative organisations
SECT
8. (1) The Minister may declare an organization that arranges, assists or
carries out, or that proposes to arrange, assist or carry out, research in
relation to land transport to be an approved research organization for the
purposes of this Act.
(2) The Minister may declare an organization that arranges, assists or
carries out, or that proposes to arrange, assist or carry out, activities in
relation to road safety, to be an approved road safety organization for the
purposes of this Act.
(2A) The Minister may declare an organisation that incurs, or that proposes
to incur, administrative costs (including payments in the nature of salary)
that relate directly to land transport administration to be an approved
administrative organisation for the purposes of this Act.
(3) The Minister may revoke a declaration made under this section.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 9
Standards for national roads
SECT
9. (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 works 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 the construction or 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 connection 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 connection with the construction or maintenance of national roads.
(2) The Minister may revoke or vary a notification given under subsection
(1).
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 10
Money deemed to have been expended on national roads projects
SECT
10. (1) Subject to subsection (2), a State may, for the purposes of this
Act, treat money expended by the State, in a financial year, for the purpose
of meeting administrative costs incurred directly in connection with the
construction or maintenance of national roads in the State, not being
administrative costs incurred in respect of particular works involved in the
carrying out of any project or program approved under subsection 26 (3), as
having been expended in that year by the State on such a project or program.
(2) Money treated as having been expended on a project or program in a year
by virtue of subsection (1):
(a) shall not include any money treated, by virtue of that subsection, as
having been expended on any other project or program; and
(b) shall not exceed, in the aggregate, 4% of the money otherwise expended
on that project or program in that year.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - PART II
PART II - AUSTRALIAN LAND TRANSPORT TRUST FUND
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 11
Australian Land Transport Trust Fund
SECT
11. (1) There is established a fund to be known as the Australian Land
Transport Trust Fund.
(2) The Fund is a Trust Account for the purposes of section 62A of the Audit
Act 1901.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 12
Money to be paid into Fund
SECT
12. (1) Subject to subsection (2), there shall be paid into the Fund amounts
equal to so much of each amount paid to the Commonwealth after 30 June 1985
and before 1 July 1990 as duty of Excise, or duty of Customs, in respect of
motor spirit, or diesel fuel, entered for home consumption as bears to the
amount so paid the same proportion as the relevant rate bears to the rate of
duty, expressed in cents per litre, by reference to which the amount so paid
was ascertained.
(2) Where the whole or a part of an amount (which whole or part in this
subsection is referred to as the "refunded amount") paid as duty of Excise, or
duty of Customs, in respect of motor spirit, or diesel fuel, entered for home
consumption is, after 30 June 1985 and before 1 July 1990, repaid to a person
by the Commonwealth by way of rebate or otherwise, there shall be deducted
from the sum of the amounts that would, but for this subsection, be paid into
the Fund under subsection (1) an amount that bears to the refunded amount the
same proportion as the relevant rate bears to the rate of duty, expressed in
cents per litre, by reference to which the refunded amount was ascertained.
(3) For the purposes of subsections (1) and (2), where 2 or more parts of an
amount paid as duty were ascertained by reference to different rates of duty,
each of those parts shall be taken to be a separate amount so paid.
(4) There shall be paid into the Fund income derived from the investment of
money standing to the credit of the Fund.
(5) A reference in this Part to amounts paid into the Fund does not include
a reference to any amounts paid into the Fund under section 34.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 13
Special provisions for 1985-1986 financial year
SECT
13. (1) Where the sum of the amounts paid into the Fund before 1 July 1986
is less than $810,000,000, there shall be paid into the Fund an amount equal
to the amount by which $810,000,000 exceeds that sum.
(2) Where the sum of the amounts paid into the Fund before 1 July 1986
exceeds $810,000,000, there shall be paid out of the Fund, to the Consolidated
Revenue Fund, an amount equal to the amount of the excess.
(3) The Minister for Finance may make advances to the Fund on account of an
amount that may become payable under subsection (1).
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 14
Re-calculation of relevant rate at end of 1985-1986 financial year
SECT
14. If the amount (in this section referred to as the "net amount") paid
into the Fund under subsection 12 (1) before 1 July 1986 is not equal to
$810,000,000, the Minister shall, before 31 July 1986, by notice published in
the Gazette, determine that this Act shall be deemed to have effect from 1
July 1986 as if for the relevant rate, or, if by virtue of an application or
applications of section 15 another rate (in this section referred to as the
"30 June 1986 rate") had before that date been substituted, for the 30 June
1986 rate, there were substituted the rate specified in the notice, being:
(a) the rate, calculated to 3 decimal places, in accordance with the
formula
A 810,000,000
B
where:
A is the relevant rate or the 30 June 1986 rate, whichever is applicable; and
B is the number of whole dollars in the net amount; or
(b) if the rate so ascertained would, if it were calculated to 4 decimal
places, end in a number greater than 4 - the rate so ascertained increased by
0.001.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 14A
Modification of rate applicable under section 14 in 1986-87
SECT
14A. (1) Notwithstanding section 14, this Act shall be deemed to have had
effect from 1 July 1986 to 30 June 1987 as if the rate specified in the notice
published under section 14 on 30 July 1986 had been 3.61 cents per litre.
(2) Nothing in subsection (1) affects the validity of a payment made before
the commencement of this section.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 14B
Modification of rate applicable under section 14 from July 1987
SECT
14B. (1) Notwithstanding section 14, this Act shall be deemed to have had
effect from 1 July 1987 as if the relevant rate were 3.241 cents per litre.
(2) Nothing in subsection (1) affects the validity of a payment made before
the commencement of this section.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 15
Indexation of relevant rate
SECT
15. (1) In this section, unless the contrary intention appears:
"index number", in relation to a quarter, means the All Groups Consumer
Price Index number, being the weighted average of the 8 capital cities,
published by the Statistician in respect of that quarter;
"relevant period" means the period of 6 months commencing on 1 August 1985,
and each subsequent period of 6 months;
"Statistician" means the Australian Statistician.
(2) Subject to subsection (3), if at any time, whether before or after the
commencement of this Act, the Statistician has published or publishes an index
number in respect of a quarter in substitution for an index number previously
published by the Statistician in respect of that quarter, the publication of
the later index number shall be disregarded for the purposes of this section.
(3) If at any time, whether before or after the commencement of this Act,
the Statistician has changed or changes the reference base for the consumer
price index, then, for the purposes of the application of this section after
the change took place or takes place, regard shall be had only to index
numbers published in terms of the new reference base.
(4) Subject to subsection (6), where the factor ascertained in relation to a
relevant period in accordance with subsection (5) is greater than 1, this Act
has effect as if for the relevant rate there were substituted, on the first
day of that period, a rate calculated by multiplying by that factor:
(a) in a case to which paragraph (b) does not apply - the relevant rate; or
(b) if, by virtue of another application or other applications of this
section after 30 June 1987, this Act has had effect as if another rate were
substituted, or other rates were successively substituted, for the relevant
rate - the substituted rate or the last substituted rate, as the case may be.
(5) The factor to be ascertained for the purposes of subsection (4) in
relation to a relevant period:
(a) is the number, calculated to 3 decimal places, ascertained by dividing:
(i) if the relevant period commences on 1 February - the
index number for the last preceding December quarter; or
(ii) if the relevant period commences on 1 August - the
index number for the last preceding June quarter;
by the highest index number in respect of a December or June quarter that
preceded that quarter, not being a December or June quarter that occurred
before the December quarter in the year 1983; or
(b) if the number so ascertained would, if it were calculated to 4 decimal
places, end in a number greater than 4 - is the number so ascertained
increased by 0.001.
(6) If an index number necessary for the calculation of the factor to be
ascertained in relation to a relevant period in accordance with subsection (5)
is not published by the Statistician more than 7 days before the first day of
the period:
(a) the Minister shall, as soon as practicable after the index number is
published by the Statistician (but not earlier than the first day of the
period), publish a notice in the Gazette stating that:
(i) the index number was not published by the Statistician
more than 7 days before the first day of the current relevant period; and
(ii) the index number has now been published and is to
commence to have effect, for the purposes of this section, on the day on which
the notice is published in the Gazette; and
(b) subsection (4) shall have effect in relation to the period as if the
reference in that subsection to the first day of the period were a reference
to the day immediately following the day on which the notice was published in
the Gazette.
(7) Where, by virtue of the application of this section, this Act is to have
effect as if another rate (in this subsection referred to as a "substituted
rate") were substituted for a rate on a particular day, the Minister shall, on
or as soon as practicable after that day, publish a notice in the Gazette
specifying the substituted rate.
(8) If, by virtue of section 14, this Act has had effect as if another rate
were substituted, paragraphs (4) (a) and (b) of this section have effect as if
that other rate were substituted by virtue of an application of this section.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 16
Application of Fund
SECT
16. Subject to sections 17 and 18, amounts standing to the credit of the
Fund may be paid out of the Fund:
(a) to a State, by way of the grant of financial assistance to the State,
for expenditure by the State on:
(i) projects for the construction, and programs for the
maintenance, of:
(A) national roads;
(B) urban arterial roads; or
(C) rural arterial roads;
being projects or programs approved under subsection 26 (3);
(ii) the construction or maintenance of local roads; and
(iii) capital railway projects approved under subsection 26
(3);
(b) to an approved railway authority for expenditure by the authority on
capital railway projects approved under subsection 26 (3);
(c) to an approved research organization for expenditure by the organization
in arranging, assisting or carrying out programs of research relating to land
transport approved under subsection 26 (3);
(d) to an approved road safety organization for expenditure by the
organization in arranging, assisting or carrying out programs of activities
relating to road safety approved under subsection 26 (3); and
(e) to an approved administrative organisation:
(i) for expenditure by the organisation in meeting
administrative costs (including payments in the nature of salary) relating
directly to land transport administration; and
(ii) for reimbursement for expenditure by the organisation
on or after 1 July 1987 and before the day of commencement of this paragraph
in meeting such costs;
under programs approved under subsection 26 (3).
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 17
Limit of allocations for financial years 1985-1986 and 1986-1987
SECT
17. (1) The sum of the amounts paid out of the Fund, before 1 July 1987, to
the States by way of the grant of financial assistance for expenditure by the
States on projects and programs for the construction and maintenance of
national roads shall not exceed, in the aggregate, an amount equal to 47.012%
of the sum of the amounts paid into the Fund before that date.
(2) The sum of the amounts paid out of the Fund, before 1 July 1987, to
approved organizations for expenditure by the organizations on arranging,
assisting or carrying out of programs of research relating to land transport
or of programs of activities relating to road safety shall not exceed, in the
aggregate, an amount equal to 0.618% of the sum of the amounts paid into the
Fund before that date.
(3) The sum of the amounts paid out of the Fund, before 1 July 1987, to a
State specified in column 1 of Schedule 1 by way of the grant of financial
assistance for expenditure by the State on projects and programs for the
construction and maintenance of urban arterial roads in the State shall not
exceed, in the aggregate, an amount equal to the percentage specified in
column 2 of that Schedule opposite to the name of that State of the sum of the
amounts paid into the Fund before that date.
(4) The sum of the amounts paid out of the Fund, before 1 July 1987, to a
State specified in column 1 of Schedule 2 by way of the grant of financial
assistance for expenditure by the State on projects and programs for the
construction and maintenance of rural arterial roads in the State shall not
exceed, in the aggregate, an amount equal to the percentage specified in
column 2 of that Schedule opposite to the name of that State of the sum of the
amounts paid into the Fund before that date.
(5) The sum of the amounts paid out of the Fund, before 1 July 1987, to a
State specified in column 1 of Schedule 3 by way of the grant of financial
assistance for expenditure by the State on the construction and maintenance of
local roads in the State shall not exceed, in the aggregate, an amount equal
to the percentage specified in column 2 of that Schedule opposite to the name
of that State of the sum of the amounts paid into the Fund before that date.
(6) The Minister may, by notice in writing published in the Gazette,
determine that this section and section 18 shall have effect as if an amount
or amounts specified in the notice paid out of the Fund after 30 June 1987 and
before 1 January 1988 were paid out of the Fund before 1 July 1987.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 18
Limitation of allocations for financial years 1987-1988, 1988-1989
and 1989-1990
SECT
18. (1) The sum of the amounts paid out of the Fund, after 30 June 1987, to
the States by way of the grant of financial assistance for expenditure by the
States on projects and programs for the construction and maintenance of
national roads shall not exceed, in the aggregate, an amount equal to 46.878%
of the sum of the amounts paid into the Fund after that date.
(2) The sum of the amounts paid out of the Fund, after 30 June 1987, to
approved organizations for expenditure by the organizations on arranging,
assisting or carrying out of land transport administration, of programs of
research relating to land transport or of programs of activities relating to
road safety shall not exceed, in the aggregate, an amount equal to 0.752% of
the sum of the amounts paid into the Fund after that date.
(3) The sum of the amounts paid out of the Fund, after 30 June 1987, to a
State specified in column 1 of Schedule 1 by way of the grant of financial
assistance for expenditure by the State on projects and programs for the
construction and maintenance of urban arterial roads in the State shall not
exceed, in the aggregate, an amount equal to the percentage specified in
column 3 of that Schedule opposite to the name of that State of the sum of the
amounts paid into the Fund after that date.
(4) The sum of the amounts paid out of the Fund, after 30 June 1987, to a
State specified in column 1 of Schedule 2 by way of the grant of financial
assistance for expenditure by the State on projects and programs for the
construction and maintenance of rural arterial roads in the State shall not
exceed, in the aggregate, an amount equal to the percentage specified in
column 3 of that Schedule opposite to the name of that State of the sum of the
amounts paid into the Fund after that date.
(5) The sum of the amounts paid out of the Fund, after 30 June 1987, to a
State specified in column 1 of Schedule 3 by way of the grant of financial
assistance for expenditure by the State on the construction and maintenance of
local roads in the State shall not exceed, in the aggregate, an amount equal
to the percentage specified in column 3 of that Schedule opposite to the name
of that State of the sum of the amounts paid into the Fund after that date.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 19
Minister to allocate balance of funds for expenditure after 30 June 1987
SECT
19. (1) Subject to subsection (2), the Minister shall, before 31 March 1987,
direct that a percentage specified in column 3 of Schedule 1, column 3 of
Schedule 2 or column 3 of Schedule 3, or 2 or more percentages so specified,
shall be increased to such percentage as the Minister thinks fit and, where
the Minister gives such a direction, the percentage shall be deemed to be
increased accordingly.
(2) The sum of the increases in percentages referred to in subsection (1)
shall equal 5.236.
(3) Where, under subsection (1), the Minister gives a direction that a
percentage specified in a column of a Schedule be increased, the total of the
percentages in that column shall be deemed to be increased accordingly.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 20
Variation of percentages for arterial roads and local roads at
request of State
SECT
20. (1) Subject to subsection (2), where a State satisfies the Minister that
it would be desirable, having regard to the policies of the Government of the
Commonwealth relating to land transport, that any or all of the following
percentages, that is, a percentage specified in column 2 or 3 of Schedule 1, a
percentage specified in column 2 or 3 of Schedule 2, or a percentage specified
in column 2 or 3 of Schedule 3, opposite to the name of that State be varied
in ways specified by the State, the Minister may direct that those percentages
be so varied and, where the Minister gives such a direction, those percentages
shall be deemed to be varied accordingly.
(2) The Minister shall not, under subsection (1), give a direction that
percentages specified in columns of Schedules opposite to the name of a State
be varied in ways that will result in:
(a) a variation of the sum of:
(i) the percentage specified in column 2 of Schedule 1
opposite to the name of the State;
(ii) the percentage specified in column 2 of Schedule 2
opposite to the name of the State; and
(iii) the percentage specified in column 2 of Schedule 3
opposite to the name of the State; or
(b) a variation of the sum of:
(i) the percentage specified in column 3 of Schedule 1
opposite to the name of the State;
(ii) the percentage specified in column 3 of Schedule 2
opposite to the name of the State; and
(iii) the percentage specified in column 3 of Schedule 3
opposite to the name of the State.
(3) Where, under subsection (1), the Minister gives a direction that a
percentage specified in a column in a Schedule be varied, the total of the
percentages in that column shall be deemed to be varied accordingly.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 21
Minister may re-allocate funds for national roads, road safety
and research
SECT
21. (1) The Minister may direct that the percentage specified in subsection
17 (1) be reduced and a percentage specified in subsection 17 (2) or in column
2 of Schedule 1, column 2 of Schedule 2 or column 2 of Schedule 3, or 2 or
more percentages so specified, be increased by adding to that percentage or to
those percentages a percentage that equals, or percentages the sum of which
equals, the reduction of the first-mentioned percentage and, where the
Minister gives such a direction, that percentage or those percentages, as the
case may be, shall be deemed to be varied accordingly.
(2) The Minister may direct that the percentage specified in subsection 17
(2) be reduced and a percentage specified in subsection 17 (1) or in column 2
of Schedule 1, column 2 of Schedule 2 or column 2 of Schedule 3, or 2 or more
percentages so specified, be increased by adding to that percentage or to
those percentages a percentage that equals, or percentages the sum of which
equals, the reduction of the first-mentioned percentage and, where the
Minister gives such a direction, that percentage or those percentages, as the
case may be, shall be deemed to be varied accordingly.
(3) The Minister may direct that the percentage specified in subsection 18
(1) be reduced and a percentage specified in subsection 18 (2) or in column 3
of Schedule 1, column 3 of Schedule 2 or column 3 of Schedule 3, or 2 or more
percentages so specified, be increased by adding to that percentage or to
those percentages a percentage that equals, or percentages the sum of which
equals, the reduction of the first-mentioned percentage and, where the
Minister gives such a direction, that percentage or those percentages, as the
case may be, shall be deemed to be varied accordingly.
(4) The Minister may direct that the percentage specified in subsection 18
(2) be reduced and a percentage specified in subsection 18 (1) or in column 3
of Schedule 1, column 3 of Schedule 2 or column 3 of Schedule 3, or 2 or more
percentages so specified, be increased by adding to that percentage or to
those percentages a percentage that equals, or percentages the sum of which
equals, the reduction of the first-mentioned percentage and, where the
Minister gives such a direction, that percentage or those percentages, as the
case may be, shall be deemed to be varied accordingly.
(5) Where, under subsection (1), (2), (3) or (4), the Minister gives a
direction that a percentage specified in a column in a Schedule be varied, the
total of the percentages in that column shall be deemed to be varied
accordingly.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 22
Increase of funds for national roads, road safety and research
SECT
22. (1) Where the Minister and the appropriate Minister of a State agree
that it is desirable, having regard to the policies of the Government of the
Commonwealth relating to land transport, that an amount standing to the credit
of the Fund should be expended on the construction or maintenance of a
national road, on activities relating to road safety or on research relating
to land transport instead of being expended on the construction and
maintenance of arterial roads or local roads, the Minister, for the purpose of
giving effect to the agreement, may direct that a percentage specified in
column 2 or 3 of Schedule 1, column 2 or 3 of Schedule 2 or column 2 or 3 of
Schedule 3, or 2 or more percentages so specified, opposite to the name of
that State be reduced and a percentage specified in subsection 17 (1) or (2)
or 18 (1) or (2) be increased and, where the Minister gives such a direction,
the percentage or percentages shall be deemed to be reduced or increased,
accordingly.
(2) Where, under subsection (1), the Minister gives a direction that a
percentage specified in a column in a Schedule be reduced, the total of the
percentages in that column shall be deemed to be reduced accordingly.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 23
Time and manner of payments
SECT
23. (1) Payments out of the Fund shall be made at such times, and in such
amounts, as the Minister approves.
(2) Where a payment is made out of the Fund, the payment shall be
accompanied by a statement requiring that the payment, or a specified part of
the payment, be expended in arranging, assisting or carrying out:
(a) a specified project or program approved under subsection 26 (3) or a
specified class of projects or programs approved under that subsection; or
(b) the construction or maintenance of local roads.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 24
Condition of payment
SECT
24. A payment of an amount out of the Fund to a State, approved railway
authority or approved organization is subject to the condition that the State,
authority or organization will expend the amount as required by the statement
under subsection 23 (2) that accompanied the payment.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 25
Closing of Fund
SECT
25. The Fund shall be closed on the expiration of 31 December 1990 and any
money standing to the credit of the Fund at the time when it is closed shall
be paid to all or any of the following:
(a) to a State or States by way of the grant of financial assistance for
expenditure by the State or States of the kind referred to in paragraph 16
(a);
(b) to an approved railway authority or approved railway authorities for
expenditure by the authority or authorities on expenditure of the kind
referred to in paragraph 16 (b);
(c) to an approved research organization or approved research organizations
for expenditure of the kind referred to in paragraph 16 (c);
(d) to an approved road safety organization or approved road safety
organizations for expenditure of the kind referred to in paragraph 16 (d);
(e) to an approved administrative organisation or approved administrative
organisations for expenditure of the kind referred to in paragraph 16 (e).
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - PART III
PART III - APPROVAL OF PROJECTS AND PROGRAMS
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 26
Approval of projects and programs
SECT
26. (1) The Minister may, from time to time, request:
(a) a State to submit particulars of projects to be undertaken in the State
for the construction of:
(i) national roads;
(ii) urban arterial roads; or
(iii) rural arterial roads;
(b) a State to submit particulars of programs to be undertaken in the State
for the maintenance of:
(i) national roads;
(ii) urban arterial roads; or
(iii) rural arterial roads;
(c) a State or an approved railway authority to submit particulars of
capital railway projects to be undertaken in the State or by the authority, as
the case may be;
(d) an approved research organization to submit particulars of programs of
research relating to land transport to be arranged, assisted or carried out by
the organization;
(e) an approved road safety organization to submit particulars of programs
of activities relating to road safety to be arranged, assisted or carried out
by the organization; and
(f) an approved administrative organisation to submit particulars of
programs relating to land transport administration that are being, or are to
be, carried out by the organisation and that are connected with the operation
of this Act.
(2) The Minister may, in a request made to a State, authority or
organization under subsection (1), inform the State, authority or organization
that the Minister considers that particulars of a project or program specified
in the request should be submitted to the Minister in accordance with the
request.
(3) Where a State, authority or organization, in accordance with a request
made to it under subsection (1), submits to the Minister particulars of a
project or program, the Minister may approve the project or program.
(4) A project or program referred to in subsection (1), (2) or (3) may be:
(a) a project or program that was commenced, but not completed, before the
commencement of this Act; or
(b) a project or program part of the cost of which it is proposed to meet
out of funds obtained otherwise than out of the Fund.
(5) Where a State, authority or organization submits particulars of a
project or program in accordance with a request under subsection (1), those
particulars shall include an estimate of the cost of the project or program
and particulars of any part of that cost proposed to be met out of funds
obtained otherwise than out of the Fund.
(6) The Minister shall not approve a project or program under subsection (3)
unless the Minister is satisfied:
(a) that the undertaking of the project or program would further the
policies of the government of the Commonwealth relating to land transport;
and
(b) that, having regard to the costs of projects and programs, and other
expenditure to be met by payments out of the Fund, the costs in relation to
the project or program that are proposed to be met by payments out of the Fund
could be met by such payments made in accordance with section 16.
(7) The Minister shall not approve, under subsection (3), a project or
program for the construction or maintenance of national roads submitted by a
State unless the Minister is satisfied that the project or program complies
with the requirements set out in any notification given to the State under
paragraph 9 (1) (b), (c) or (d) that are applicable in relation to the State.
(8) The Minister shall not approve, under subsection (3), a capital railway
project submitted by a State or an approved railway authority unless the
Minister is satisfied that:
(a) the project is likely to result in improvements to the capacity of, or
the quality or efficiency of operations in relation to, interstate mainline
railways; and
(b) the State or authority has taken such steps to improve its operational
or commercial practices as will, in the Minister's opinion, be likely to
ensure the early achievement of the benefits of those improvements.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 27
Variation of projects etc.
SECT
27. (1) Subject to subsection (2), the Minister may, in accordance with
procedures determined by the Minister:
(a) approve a variation of a project or program approved under subsection 26
(3);
(b) approve a variation of the estimated cost of a project or program
approved under subsection 26 (3); or
(c) approve a variation of the costs in relation to a project or program
approved under subsection 26 (3) that are to be met by payments out of the
Fund.
(2) The Minister shall not approve a variation under subsection (1) if the
Minister considers:
(a) that the approval of the variation would not further the policies of the
Government of the Commonwealth in relation to land transport; or
(b) that, having regard to the cost of projects and programs, and other
expenditure to be met by payments out of the Fund, the approval of the
variation would result in the costs in relation to a project or program that
are to be met by payments out of the Fund being such that they could not be
met by payments made in accordance with section 16.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 28
Allocations of Fund to local government bodies
SECT
28. (1) Money expended by a State by way of funding government authorities
to carry out the construction or maintenance of local roads shall not be taken
to have been expended in accordance with this Act unless the money is
allocated by the State between local government bodies and government
authorities that are not local government bodies in accordance with:
(a) where the State has formulated principles for the purposes of this
subsection and the Minister has approved those principles - those principles;
or
(b) in any other case - principles determined by the Minister.
(2) The Minister shall not determine principles for the purposes of
subsection (1) in relation to a State unless and until:
(a) the appropriate Minister of the State has informed the Minister that the
State does not propose to formulate principles for the purposes of that
subsection; or
(b) the Minister has, by notice in writing, requested the appropriate
Minister of the State to arrange for the formulation of such principles within
a specified time and, within that time, the State has not formulated such
principles or has not formulated such principles that the Minister is prepared
to approve.
(3) A State may, with the approval of the Minister, vary principles
formulated by the State for the purposes of subsection (1).
(4) The Minister may vary principles determined by the Minister for the
purposes of subsection (1).
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - PART IV
PART IV - CONDITIONS OF PAYMENTS
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 29
Minister may require information to be furnished
SECT
29. (1) In addition to the conditions specified in any other provision of
this Act, a payment of an amount to a State, approved railway authority or
approved organization out of the Fund is subject to the condition that the
appropriate Minister of the State, the authority or the organization, as the
case may be, will comply with any requirement made in accordance with
subsection (2).
(2) The Minister may, by notice in writing, require the appropriate Minister
of a State, an approved railway authority or an approved organization to
furnish to the Minister, within the time specified in the notice, such
information relevant to the operation of, or to a matter arising under, this
Act as is specified in the notice.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 30
Statements of expenditure etc. to be given
SECT
30. (1) In addition to the conditions specified in any other provision of
this Act, payment of an amount to a State, approved railway authority or
approved organization out of the Fund is subject to the following conditions:
(a) that the State, authority or organization will give to the Minister:
(i) as soon as practicable after 30 June in each year, a
statement, in accordance with a form approved by the Minister, as to:
(A) the expenditure by the State, authority or
organization during that year out of that amount; and
(B) any sum set aside during that year out of that amount
for expenditure by the State, authority or organization but not expended
during that year; and
(ii) a report by the appropriate person stating:
(A) whether the statement is in the form approved by the
Minister;
(B) whether, in the person's opinion, the statement is
based on proper accounts and records;
(C) whether the statement is in agreement with the
accounts and records; and
(D) whether, in the person's opinion, the expenditure of
money has been in accordance with this Act;
(b) that, if the Minister informs the Treasurer of the State or, in the case
of an authority or organization, a responsible officer of the authority or
organization, that the Minister is satisfied that the State, authority or
organization has failed, with respect to that amount, to fulfil the condition
specified in paragraph (a), the State, authority or organization, as the case
may be, will repay that amount, or such part of that amount as the Minister
specifies, to the Commonwealth.
(2) In this section:
"appropriate person" means:
(a) in relation to a State or to an authority or organization whose accounts
are required by law to be audited by the Auditor-General of a State - the
Auditor-General of the State;
(b) in relation to an authority or organization whose accounts are required
by law to be audited by the Auditor-General of the Commonwealth - the
Auditor-General of the Commonwealth; or
(c) in any other case - a qualified accountant;
"qualified accountant" means:
(a) a person who is registered as a company auditor or a public accountant
under a law in force in a State or Territory; or
(b) a member of the Institute of Chartered Accountants in Australia or of
the Australian Society of Accountants.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 31
Condition relating to expenditure of moneys paid out of Fund
SECT
31. In addition to the conditions specified in any other provision of this
Act, a payment to a State, approved railway authority or approved organization
out of the Fund is subject to the condition that, if any amount or amounts
paid to the State, authority or organization out of the Fund has not or have
not been wholly expended or otherwise dealt with in accordance with this Act,
the State, authority or organization, as the case may be, will, on demand by
the Minister, pay to the Commonwealth an amount specified by the Minister,
being an amount not greater than so much of the sum of the amount or amounts
so paid to the State, authority or organization as has not been so expended or
otherwise dealt with.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 32
Additional conditions with respect to approved projects and programs
SECT
32. (1) In addition to the conditions specified in any other provision of
this Act, a payment of an amount to a State or approved railway authority out
of the Fund is subject to the following conditions:
(a) in the case of a State - that, where amounts paid to the State are
required by virtue of this Act to be expended on the carrying out of a project
for the construction of a national road, being a project that will involve:
(i) the construction, reconstruction or realignment of the
road; or
(ii) the bringing of the road to a higher standard;
the State will invite, and deal with, tenders for particular works involved in
the activities referred to in subparagraph (i) or (ii), other than exempt
works of the State, in accordance with procedures approved by the Minister;
(b) that, where amounts paid to the State or authority are required by
virtue of this Act to be expended in relation to a capital railway project,
being a project that will involve the performance of works, or the purchase of
goods, for which it is appropriate to invite tenders, the State or authority
will invite, and deal with, tenders for those works or goods in accordance
with procedures approved by the Minister;
(c) in the case of a State - that the State will, if requested by the
Minister to do so, enter into an arrangement with the Minister for the setting
up of a committee of persons representing both the Minister and the
appropriate Minister of the State to carry out planning and give advice to
both Ministers in connection with this Act in so far as it relates to the
State;
(d) that the State or authority will ensure that signs are displayed and
maintained in accordance with requirements notified to the State or authority
from time to time by the Minister, being signs that indicate that a project or
program is being or has been funded out of the Fund;
(e) that the State or authority will ensure that such other recognition of
the extent to which a project or program is being or has been funded out of
the Fund will be given by the State or authority in accordance with
requirements notified to the State or authority from time to time by the
Minister;
(f) in the case of a State - that the State will comply with any
requirements prohibiting (either unconditionally or subject to a condition
requiring the Minister's approval to be given) the display of signs (other
than traffic signs) near national highways in respect of which any payment has
been made out of the Fund as are notified to the State from time to time by
the Minister;
(g) in the case of a State - that, where the amounts paid to the State are
required by virtue of this Act to be expended on projects for the construction
of national roads, the State will give to the Minister as soon as practicable
after 30 June in each year, a certificate by a person approved by the Minister
for the purposes of this paragraph certifying that, in the opinion of the
person, work that has been carried out during that year on those projects has
been carried out in accordance with the standards (if any) applicable to that
work in accordance with section 9;
(h) that the State or authority will, at all reasonable times, permit a
person authorized by the Minister:
(i) to inspect any work involved in the carrying out of a
project or program approved under subsection 26 (3); and
(ii) to inspect and make copies of, or take extracts from,
any plans, designs, tenders, records or other documents relating to a project
or program approved under subsection 26 (3);
(j) in the case of a State - that the State will make provision satisfactory
to the Minister for the provision and maintenance of roads connecting the
national roads in the State with other roads in the State;
(k) in the case of a State - that the State will 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, or an
arterial road, in respect of which any payment has been made out of the Fund;
(m) if an asset (being land or an interest in land) acquired by the State or
approved railway authority or by a government authority that is not a local
government body for a purpose in respect of which an amount was paid to the
State or approved railway authority:
(i) out of the Fund;
(ii) out of the Australian Bicentennial Road Development
Trust Fund established by section 7 of the Australian Bicentennial Road
Development Trust Fund Act 1982; or
(iii) under the States Grants (Roads) Act 1977, the Roads
Grants Act 1980or the Roads Grants Act 1981;
is sold or otherwise disposed of after the commencement of this Act, the State
or approved railway authority will either pay an amount equal to the proceeds
of the sale or disposal to the Commonwealth or ensure that those proceeds are
expended:
(iv) in the case of a State - on the construction or
maintenance of roads or on capital railway projects; or
(v) in the case of an approved railway authority - on
capital railway projects;
(n) that, if the Minister informs the Treasurer of the State or, in the case
of an authority, a responsible officer of the authority, that the Minister is
satisfied that the State or authority has failed to fulfil a condition
specified in a preceding paragraph of this subsection or in section 29, the
State or authority will repay to the Commonwealth the amount paid to it, or
such part of that amount as the Minister specifies.
(2) In this section, "exempt works", in relation to a State, means works
that the State has satisfied the Minister are works the whole of which:
(a) are urgently required by reason of an emergency;
(b) are of such a minor nature that the invitation of tenders for those
works would involve undue additional cost;
(c) are of a kind for which it is not practicable to prepare adequate tender
specifications; or
(d) are of a kind for which competitive tenders are unlikely to be received.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - PART V
PART V - MISCELLANEOUS
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 33
Deduction of amounts repayable
SECT
33. The Minister may deduct any amount repayable by a State, approved
railway authority or approved organization under this Act from an amount
payable to the State, authority or organization out of the Fund.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 34
Moneys repaid to Commonwealth
SECT
34. (1) Any moneys repaid to the Commonwealth by a State, approved railway
authority or approved organization under this Act shall be paid into the Fund.
(2) Any moneys paid to the Commonwealth pursuant to paragraph 32 (1) (m)
shall be deemed to be moneys repaid to the Commonwealth for the purposes of
subsection (1).
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 35
Appropriation
SECT
35. Amounts payable into the Fund under subsection 12 (1) or section 13 are
payable out of the Consolidated Revenue Fund, which is appropriated
accordingly.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 36
Delegations
SECT
36. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Minister, delegate to an
officer of the Australian Public Service all or any of his or her powers under
sections 9, 23, 26, 27 and 29 and paragraph 32 (1) (h).
(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.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SECT 37
Publication of declarations and directions
SECT
37. The Minister shall cause a copy of:
(a) a declaration made under section 7 or 8; and
(b) a direction made under Part II;
to be published in the Gazette.
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SCHEDULE 1
SCH
SCHEDULE 1 Sub-sections 17 (3)
and 18 (3)
LIMIT OF ALLOCATIONS FOR URBAN ARTERIAL ROADS
Column 1 Column 2 Column 3
Percentage
Percentage 1987-1988
1985-1986 1988-1989
State 1986-1987 1989-1990
New South Wales 4.839 4.355
Victoria 4.432 3.989
Queensland 1.877 1.689
Western Australia 1.901 1.711
South Australia 0.802 0.722
Tasmania 0.457 0.411
Northern Territory 0.173 0.156
14.481 13.033
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SCHEDULE 2
SCH
SCHEDULE 2 Sub-sections 17 (4)
and 18 (4)
LIMIT OF ALLOCATIONS FOR RURAL ARTERIAL ROADS
Column 1 Column 2 Column 3
Percentage
Percentage 1987-1988
1985-1986 1988-1989
State 1986-1987 1989-1990
New South Wales 3.025 2.722
Victoria 2.222 2.000
Queensland 3.975 3.577
Western Australia 1.605 1.445
South Australia 1.235 1.112
Tasmania 0.519 0.467
Northern Territory 0.086 0.077
12.667 11.400
AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE) ACT 1985 - SCHEDULE 3
SCH
SCHEDULE 3 Sub-sections 17 (5)
and 18 (5)
LIMIT OF ALLOCATIONS FOR LOCAL ROADS
Column 1 Column 2 Column 3
Percentage
Percentage 1987-1988
1985-1986 1988-1989
State 1986-1987 1989-1990
New South Wales 7.235 6.512
Victoria 5.049 4.544
Queensland 4.914 4.423
Western Australia 3.654 3.289
South Australia 1.926 1.733
Tasmania 1.284 1.156
Northern Territory 1.160 1.044
25.222 22.701