AusLink (National Land Transport) Act 2005

Conditions Applying to Payments under Part 8 of the Act

I, James Eric Lloyd, Minister for Local Government, Territories and Roads, determine under section 90(1) of the AusLink (National Land Transport) Act 2005, that the attached conditions apply to payments under Part 8 of the Act.

Dated 2 August 2005

signed

Jim Lloyd

Minister for Local Government, Territories and Roads

AusLink (national land transport) Act 2005

determination of conditions applying to payments under part 8

Preliminary

Definitions

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

appropriate officer in relation to a funding recipient means the Chief Executive Officer or equivalent office holder of the funding recipient;

AusLink Roads to Recovery payment means a payment of Commonwealth funds provided under the AusLink Roads to Recovery Program under Part 8 of the Act;

funded project means a project in respect of which an AusLink Roads to Recovery payment has been received

funding recipient means a person or body that is to receive or has received an AusLink Roads to Recovery payment;

relevant documents means, in relation to a funding recipient, documents relating to AusLink Roads to Recovery payments received by the funding recipient, including documents relating to projects in respect of which AusLink Roads to Recovery payments were spent and documents relating to expenditure by the funding recipient on the construction or maintenance of roads, whether out of AusLink Roads to Recovery payments or otherwise;

small funded project means a project relating to the construction or maintenance of roads, the total cost of which is, or is expected to be, less than $10 000;

the Act means the AusLink (National Land Transport) Act 2005.

(2) Terms that are defined in the Act have the same meaning in this Determination. Some of the terms used in this Determination which are defined in the Act are:

appropriate auditor
road
construction
maintenance
local government authority.

Part 1: Conditions relating to expenditure of payments

1.1. A funding recipient must ensure that AusLink Roads to Recovery payments are:

(a) spent only on the construction or maintenance of roads;

(b) spent only on projects which are identified in the works schedule submitted by the funding recipient in accordance with clause 4;

(c) spent only on work on projects which are in progress on or after 1 July 2005 and for which payment is required on or after 1 July 2005; and

(d) not spent on meeting any part of a price paid by the funding recipient for a supply acquired by the funding recipient where:

(i) the supply is a supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999; and

(ii) the part of the price represent the amount of GST payable on the supply by the entity which is making or which made, the supply.

Note: the terms ‘road’; ‘construction’ and ‘maintenance’ are defined in section 4 of the Act. The Department has issued Notes on Administration which give more detailed explanation of the content of these terms.

1.2 If the Commonwealth has specified, in relation to a particular AusLink Roads to Recovery payment, that the payment or a part of the payment is to be spent on a particular project involving the construction or maintenance of roads, the funding recipient concerned must ensure that the payment, or the part of the payment, is spent only on that particular project.

1.3. If:

(a) an AusLink Roads to Recovery payment is provided for a particular project specified by the Commonwealth; and

(b) that project costs less than the total AusLink Roads to Recovery payments provided in respect of that project; and

(c) the funding recipient wishes to spend the unspent AusLink Roads to Recovery payment on another project relating to the construction or maintenance of road;

the funding recipient must first obtain the approval of the Department of the expenditure of those payments on that other project.

1.4. A funding recipient must ensure that AusLink Roads to Recovery payments are spent within six months of receipt of the payment.

Note: The Minister has power under s.91 of the Act to waive a condition.

1.5 A funding recipient must spend all AusLink Roads to Recovery payments it receives by 31 December 2009.

1.6 If a funding recipient receives an amount as interest in respect of an AusLink Roads to Recovery payment, the recipient must spend an amount equal to that amount on the construction or maintenance of roads.

1.7 If a funding recipient distributes AusLink Roads to Recovery payments which it receives to local government authorities for expenditure by those authorities on the construction or maintenance of roads, the funding recipient must ensure that the authorities are subject to the same obligations in respect of those payments as those to which the funding recipient is subject to under subclause 4.8 and clause 5.

1.8 Projects undertaken using AusLink Roads to Recovery payments should comply with standards and guidelines published from time to time by Austroads, Standards Australia, the government of the State or Territory in which the project is undertaken or the Australian Road Research Board which are applicable to the project.

Part 2: Own source roads expenditure obligation

2.1 In this clause:

(a) reference amount applicable to a funding recipient means, in respect of a funding recipient, the average financial year expenditure of own source funds by the funding recipient on the construction or maintenance of roads during the reference period;

(b) own source funds in respect of a funding recipient means funds available to the funding recipient other than funds provided by the Commonwealth, a State or Territory government;

2.2 Subject to subclause 2.4, for each financial year in which a funding recipient receives an AusLink Roads to Recovery payment, the funding recipient must spend on the construction or maintenance of roads an amount of own source funds equal to or greater than the reference amount applicable to the funding recipient

2.3 If a funding recipient believes that its expenditure of own source funds during a financial year in the reference period was abnormally high because of unusual and non-recurrent factors, it may elect that the reference period consists of the three financial years in the reference period, excluding the financial year in the reference period in which the funding recipient’s expenditure of own source funds was highest and the financial year in the reference period in which the funding recipient’s expenditure of own source funds was the lowest.

The appropriate officer of a funding recipient may make this election in the annual report of the funding recipient provided in accordance with clause 5.2 of these Conditions for the financial year 2005-06, or in writing to the Department prior to submitting those statements.

2.4 If, in any particular financial year, a funding recipient does not satisfy cl.2.2, but the average expenditure of its own source funds in that year and the previous financial year, or in that year and the two previous financial years, exceeds the reference amount applicable to it, the funding recipient is taken to have met its obligations under subclause 2.2 in respect of the first mentioned financial year.

Part 3: Public Information conditions

3.1 In all formal public statements, media releases or statements, displays, publications and advertising generated by a funding recipient relating to a funded project, the funding recipient must acknowledge and give appropriate recognition to the contribution of the Australian Government to that project.

3.2 If a funding recipient proposes to issue any media release relating to a funded project, the funding recipient must consult with and obtain approval of the proposed release from the Department.

3.3 Subject to subclauses 3.4 and 3.5, a funding recipient must ensure that signs in the form specified in Schedule 2 are erected for each funded project, other than small funded projects, at the time work on the project commences, as follows:

(a) except where the funded project relates to a cul-de-sac or a one-way road, one sign must be erected at the place where the funded project starts, and one sign must be erected at the place where the funded project ends. Where the funded project relates to a cul-de-sac, one sign must be erected at the entrance to the cul-de-sac. Where the funded project relates to a one-way road, one sign must be erected at the place where the project begins.

(b) all signs must be erected in a prominent but safe position facing oncoming traffic, in any event so that they are plainly visible to passing motorists;

(c) signs erected as required by this clause must have greater prominence, in size and frequency and visibility, than any other signs which relate to the funded project or which are erected in the immediate vicinity of the funded project.

3.4 If a funded project is undertaken on a road where the usual speed limit is 80km per hour or less, the linear dimensions of the required signs may be up to 20% smaller than specified in Schedule 2.

3.5 If a funding recipient which is a local government authority carries out a number of small funded projects in the area for which it has responsibility, the funding recipient is not required to erect signs in relation to each project. In this case, the funding recipient’s obligation is to erect signs in the form specified in Schedule 2 on major roads in the area and at entrances to communities.

3.6 A funding recipient must ensure that all signs erected as required by these Conditions remain in place for the duration of the project to which they relate and for a minimum period of one year commencing on the day on which the project is completed.

3.7 If a funding recipient proposes to hold an opening ceremony in relation to a funded project, the funding recipient must inform the Department of the proposed ceremony at least two weeks before the proposed ceremony is to be held, and provide details of the proposed ceremony, including proposed invitees and order of proceedings. If requested by the Department, the funding recipient must arrange a joint Australian Government/funding recipient opening ceremony.

3.8 If requested by the Minister’s office or the Department, a funding recipient must arrange for an Australian Government representative to attend any opening ceremony which the funding recipient proposes to hold in relation to a funded project

Part 4: Conditions relating to planning and reporting

4.1. A funding recipient must prepare and submit, as soon as practical after 1 July 2005, but in any event by the time the recipient submits its first quarterly report as required under subclause 4.8, a works schedule to the Department in the manner and form specified by the Department.

4.2 Subject to cl.4.3, a funding recipient must ensure that its works schedule;

(a) specifies each project on which the funding recipient proposes to spend, on or after 1 July 2005, AusLink Roads to Recovery payments received by the funding recipient;

(b) specifies each project which has been completed and for which AusLink Roads to Recovery payments were received;

(c) specifies the location of each project (other than small funded projects) specified in the works schedule by means including data for use in a Geographical Information System in the manner and form required by the Department;

(d) includes a description of the project and the funding recipient’s reason for undertaking each project specified in the works schedule;

(e) specifies the estimated start and completion date for each project specified in the works schedule;

(f) specifies the estimated total amount of AusLink Roads to Recovery payments to be spent on each project specified in the works schedule; and

(g) in relation to projects specified in the works schedule not funded wholly from AusLink Roads to Recovery payments or other Australian Government payments, specifies the estimated total cost of the project, excluding GST.

4.3 Funding recipients may group a series of small funded projects of the same or similar nature in their work schedules as one ‘group project’. In these circumstances, the funding recipient must ensure that its works schedule includes the following details:

(a) a general description of each group project;

(b) the location and cost (excluding GST) of each small funded project in each group;

(d) in relation to each group project, the estimated start date of the first of the small funded projects in the group project to begin and the scheduled completion date of the small funded project in the group expected to be completed last.

4.4 Only projects in respect of which the funding recipient proposes to expend AusLink Roads to Recovery payments on or after 1 July 2005 may be included in the work schedule.

4.5 If the Department provides details of, and access to, the Department’s secure AusLink Roads to Recovery website, a funding recipient must submit its works schedule to the Department electronically by using that website. However, if a funding recipient is not able to access the website, it may submit its works schedule in some other form agreed by the Department.

4.6 A funding recipient must keep its work schedule current.

4.7 A funding recipient must provide the Department with contact details of the appropriate officer of the funding recipient and must inform the Department of changes to those details within 2 weeks of the change occurring.

4.8 A funding recipient must, for each project in its works schedule, submit a report in the form specified by the Department by 31 July 2005 which specifies the amount of AusLink Roads to Recovery payments which the funding recipient intends to spend on the project in the quarter 1 July 2005 to 30 September 2005. AusLink Roads to Recovery payments for that quarter will not be paid to the recipient until the funding recipient submits the report as required by this subclause.

4.9 A funding recipient must, for each project in its works schedule, submit the following quarterly reports in the form specified by the Department:

(a) in respect of the quarter 1 January to 31 March: by the following 30 April;

(b) in respect of the quarter 1 April to 30 June: by the following 31 July;

(d) in respect of the quarter 1 October to 31 December : by the following 31 January.

4.10 The funding recipient must in each quarterly report in respect of each project specify:

(a) the amount of AusLink Roads to Recovery payments spent during the period commencing on 1 July 2005 and ending on the last day of the quarter to which the quarterly report relates; and

(b) the amount of AusLink Roads to Recovery payments which the funding recipient intends to spend on that project in the following quarter.

4.11 If a funding recipient fails to submit a quarterly report as required by subclauses 4.9 and 4.10 in respect of a particular quarter, AusLink Roads to Recovery payments will not be paid to the recipient until the funding recipient submits a quarterly report as required by cl. 4.8 and 4.9 in respect of the next quarter following the first mentioned quarter.

Part 5: Accountability

5.1 A funding recipient must properly account for AusLink Roads to Recovery payments.

Annual report

5.2 For each financial year in which a funding recipient receives, spends or retains any AusLink Roads to Recovery payment, the appropriate officer of the funding recipient must give to the Department by 31 October after the end of the financial year:

(a) a written statement in the form set out in Schedule 1 as to:

(i) the amount of AusLink Roads to Recovery payments which remained unspent from the previous financial year;

Note: This amount is to be shown in column 1 of the Chief Executive Officer’s Report in the financial statements in the Annual Report as ‘Amount brought forward from the previous financial year.

(ii) the amount of AusLink Roads to Recovery payments received by the funding recipient in the year to which the report relates

(iii) the amount of AusLink Roads to Recovery payments available for expenditure by the funding recipient on the construction or maintenance of roads in the financial year to which the statement relates;

(iv) the amount spent by the funding recipient during that year out of AusLink Roads to Recovery payments received by the funding recipient during that year;

(v) the amount (if any) retained at the end of the year by the funding recipient out of AusLink Roads to Recovery payments received by the funding recipient during that year which remain unspent at the end of that year.

Note: This amount is to be shown in column 5 of the Chief Executive Officer’s Report in the financial statements in the Annual Report as ‘Amount carried forward to next financial year.

(b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:

(i) the statement is based on proper accounts and records; and

(ii) the statement is in agreement with the accounts and records; and

(iii) the expenditure referred to in subparagraph (a)(iv) has been on the construction or maintenance of roads.

Additional annual report for specific projects

5.3 For each financial year in which a funding recipient receives, spends or retains any AusLink Roads to Recovery payment which the Commonwealth has specified is to be spent, in whole or in part, by the funding recipient on a particular project involving the construction or maintenance of roads, the appropriate officer of the funding recipient must give the following documents to the Department by 31 October after the end of the financial year:

(a) a written statement in the form set out in Schedule 1 as to:

(i) the amount of AusLink Roads to Recovery payments from the previous financial year which were received but not spent or which remained unspent in the previous financial year.

Note: This amount is to be shown in column 1 of the Chief Executive Officer’s Report in the financial statements in the Annual Report as ‘Amount brought forward from the previous financial year.

(ii) the amount of AusLink Roads to Recovery payments received by the funding recipient in the previous financial year;

(iv) the amount spent by the funding recipient during that year out of AusLink Roads to Recovery payments received by the funding recipient during that year;

Note: This amount is to be shown in column 5 of the Chief Executive Officer’s Report in the financial statements in the Annual Report as ‘Amount carried forward to next financial year.

(b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:

(i) the statement is based on proper accounts and records; and

(ii) the statement is in agreement with the accounts and records; and

(iii) the expenditure referred to in subparagraph (a)(iv) has been on the particular project

Other annual report requirements

5.4 For each financial year in which a funding recipient receives, spends or retains any AusLink Roads to Recovery payment, the appropriate officer of the funding recipient must give to the Department by 31 October after the end of the financial year a report in the form set out in Schedule 1 which includes a statement that:

(a) AusLink Roads to Recovery payments received during the financial year by the funding recipient have been used for the construction or maintenance of roads;

(b) the funding recipient has fulfilled its obligations under subclause 2.2 of these conditions arising during the financial year (the own source funding obligation);

(c) the funding recipient has fulfilled its obligations under clause 3 of these Conditions arising during the financial year (the public information obligation);

(d) these Conditions have, in other respects, been complied with by the funding recipient during the financial year; and

(e) summarises and describes the outcomes achieved during the financial year with those AusLink Roads to Recovery payments received during the financial year.

Other accountability requirements

6.1 A funding recipient must create and keep accurate and comprehensive documentation relating to AusLink Roads to Recovery payments it has received after 1 July 2005 and retain those documents for a minimum of 7 years.

6.2 A funding recipient must allow Australian Public Service employees or persons nominated by the Commonwealth to inspect:

(a) work on projects being undertaken by the funding recipient which are funded by AusLink Roads to Recovery payments; and

(b) relevant documents.

6.3 A funding recipient must, when requested to do so by the Department, provide:

(a) copies of relevant documents; and

(b) photographs of projects completed using AusLink Roads to Recovery payments, in the manner and form required by the Department.

Part 7: National Code of Practice for the Construction Industry

7.1 The application of the National Code of Practice for the Construction Industry (the Construction Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Implementation Guidelines) is a condition of funding for new construction projects funded under the AusLink Roads to Recovery programme where:

a) the Australian Government’s contribution to an individual project is $5 million or more and where that contribution represents at least 50 per cent of the total project value; or

b) the Australian Government’s contribution to an individual project is over $10 million, irrespective of the proportion this represents of the total project cost.

7.2 Funding recipients must ensure that the Construction Code and Implementation Guidelines are formally applied to applicable construction projects and ensure that all contracts, subcontracts, tendering processes or calls for expressions of interest for the construction of projects specify the requirement to comply with all elements of the Construction Code and Implementation Guidelines.

7.3 Funding recipients are to maintain adequate records of compliance with the Construction Code and the Implementation Guidelines and to inform the Department of any breaches.

7.4 Monitoring compliance with the Construction Code and Implementation Guidelines may involve site visits and reviews by the Building Industry Taskforce. Funding recipients are required to cooperate in any such visits.

7.5 The obligations of funding recipients, contractors and subcontractors for projects that exceed the thresholds are detailed through the Australian Government workplace portal under the website page titled “Australian Government Indirectly Funded Construction”. The website address of these obligations is shown below:

http://www.workplace.gov.au/workplace/Category/PolicyReviews/BuildingConstruction/NationalCodeGuidelines/AustralianGovernmentindirectlyfundedconstruction.htm

Part 8: Non-compliance with Conditions

8.1 If the Secretary or delegate of the Secretary notifies a funding recipient in writing that the Secretary is satisfied that the funding recipient has, in relation to an AusLink Roads to Recovery payment, failed to comply with the Act or to fulfil any of these Conditions, the funding recipient must repay to the Commonwealth an amount equal to so much of the payment that the Secretary or delegate specifies in the notice.

Part 9: Transitional conditions

9.1 A funding recipient who received payments under the Roads to Recovery Act 2000 which were spent on or before 30 June 2005 but not acquitted by 30 June 2005 in accordance with the conditions determined under that Act applicable to those payments must give to the Department by 30 September 2005 the annual report in respect of that financial year as required by conditions determined under s.7 of that Act.

9.2 A funding recipient who received payments under the Roads to Recovery Act 2000 which were not spent on or before 30 June 2005 but are spent on or before 30 September 2006 must give to the Department by 30 June 2006 an annual report in respect of the financial year 2005/2006 as required by conditions determined under s.7 of that Act.

9.3 If the Secretary or delegate of the Secretary notifies a funding recipient in writing that the Secretary is satisfied that the funding recipient has, in relation to a payment of funds received by the funding recipient under the Roads to Recovery Act 2000, failed to comply with that Act or to fulfil any of the Conditions determined under s.7 of that Act in relation to the payment, the funding recipient must repay to the Commonwealth an amount equal to so much of the payment that the Secretary or delegate specifies in the notice.

schedule 1

AusLink (National Land Transport) Act 2005, Part 8

AusLink Roads to Recovery Programme Annual Report Proforma

Part 1 - FINANCIAL STATEMENT and CHIEF EXECUTIVE OFFICER’S REPORT

(Conditions Clause 5.2(a) and 5.3(a))

The following Financial Statement is a true statement of the receipts and expenditure of the AusLink Roads to Recovery payments received by …(name of funding recipient) … under Part 8 of the AusLink (National Land Transport) Act 2005 in the financial year 200x-0x.

[1]	[2]	[3]	[4]	[5]
Amount brought forward from previous financial year	Amount received in report year	Total amount available for expenditure in report year	Amount expended in report year	Amount carried forward to next financial year
$	$	$	$	$
		[1]+[2]		[3]-[4]

………………………………………(signature of Chief Executive Officer)

…./…./200x

……………………………………….(name of Chief Executive Officer)

Auditor’s report

(Conditions cl.5.2(b))

In my opinion:

(i) the Financial Statement above is based on proper accounts and records; and

(ii) the Financial Statement above is in agreement with proper accounts and records; and

(iii) the amount reported as expended during the year was used solely for expenditure on the maintenance or construction of roads

I am an “appropriate auditor” as defined in section 4 of the AusLink (National Land Transport) Act 2005.

………………………………………(signature of auditor)

………./…./200x

……………………………………….(name of auditor)

……………………………………..(name of auditor’s company)

Note: Under s.4 of the Act, “appropriate auditor” means:

(a) in relation to a funding recipient whose accounts are required by law to be audited by the Auditor-General of a State — the Auditor‑General of the State; or

(b) in relation to a person or body 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 relation to any other funding recipient — a person (other than an officer or employee of the person or body) who is:

(i) registered as a company auditor or a public accountant under a law in force in a State; or

(ii) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants.

AusLink Roads to Recovery Programme Annual Report Proforma

PART 2 - STATEMENT OF ACCOUNTABILITY BY CHIEF EXECUTIVE OFFICER

(Conditions cl. 5.4)

I, ………(name)…………….., Chief Executive Officer of ……(name of funding recipient) ……, hereby certify, in accordance with the Funding Conditions determined under section 90 of the AusLink (National Land Transport) Act 2005 (the Act), that (name of funding recipient):

(a) spent AusLink Roads to Recovery funds received by [name of funding recipient] during the year [insert financial year] solely on the construction or maintenance of roads;

(b) complied with the signage and other public information requirements as set out in Part 3 of the funding conditions; and

…………………………………(signature of Chief Executive Officer)

…./…./200x

AusLink Roads to Recovery Programme Annual Report Proforma

PART 3 – STATEMENT on expenditure maintenance by Chief Executive Officer

(Conditions cl.5.4(b))

I, ………(name)…………….., Chief Executive Officer of …(name of funding recipient), state that, in accordance with the funding conditions determined under section 90 of the AusLink (National Land Transport) Act 2005:

1(a) expenditure on the construction and maintenance of roads by [insert name of funding recipient] using its own sources funds in the year to which this report refers was $ …………………….(fill in amount)

1(b) The reference amount (see clause 2.1) for [insert name of funding recipient] is $……………………. (fill in amount).

The following information need only be provided if the expenditure shown in 1(a) does not exceed the reference amount as shown in 1(b) above:

2(a) expenditure on the construction or maintenance of roads by [insert name of funding recipient] using its own sources funds for the year prior to the year to which this report refers was $……………………. (fill in amount).

2(b) The average of expenditure on the construction or maintenance of roads by this funding recipient for the year to which this report refers and the previous year was $……………………. (fill in amount).

The following information need only be provided if the expenditure shown in 2(b) does not exceed the reference amount as shown in 1(b) above:

3(a) expenditure on the construction or maintenance of roads by [insert name of funding recipient] using its own sources funds in the year two prior to the year to which this report refers was $……………………. (fill in amount).

3(b) The average of expenditure by this funding recipient for the year to which this report refers and the previous two years was $……………………. (fill in amount).

…………………………………(signature of Chief Executive Officer)

…./…./200x

Part 4 - STATEMENT OF OUTCOMES BY Chief Executive Officer

(Conditions cl.5.4(f))

…(name of funding recipient) … has achieved the following outcomes under the AusLink Roads to Recovery Programme in 200x-0x:

Key outcomes

Outcome	Estimated % of AusLink Roads to Recovery Expenditure (all projects)
Road Safety
2. Regional economic development
3. Achievement of asset maintenance strategy
4. Improved access for heavy vehicles
5. Promotion of tourism
6. Improvements of school bus routes
7. Access to remote communities
8. Access to intermodal facilities
9. Traffic management
10. Improved recreational opportunities
11. Amenity of nearby residents
12. Equity of access (remote areas)
13. Other
14. TOTAL	100.0

…………………………………(signature of Chief Executive Officer)

…./…./200x

PART 5 – election of reference period by Chief Executive Officer (2005/06 only)

(Conditions cl.2.3)

I, ………(name)…………….., Chief Executive Officer of ……(name of funding recipient) ……, hereby state that, for the purposes of the funding conditions determined under section 90 of the AusLink (National Land Transport) Act 2005, expenditure on the construction and maintenance of roads by [insert name of funding recipient] using its own sources funds were

for 2000/01: $ …………………….(fill in amount)

for 2001/02: $ …………………….(fill in amount)

for 2002/03: $ …………………….(fill in amount)

for 2003/04: $ …………………….(fill in amount)

for 2004/05: $ …………………….(fill in amount)

I hereby elect that the reference period for[name of funding recipient] shall be the years:

…………………………………………………………….(enter the years)

The reference amount is the average of the amounts for the years in the Programme. Thus, the reference amount for this funding recipient is $ …………………….(fill in amount)

…………………………………(signature of Chief Executive Officer)

…./…./200x

Schedule 2

signage Requirements

(Conditions Part 3)