| C2004C01976 | AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982
- Updated as at 13 October 1993 (#DATE 13:10:1993)
*1* The Australian Bicentennial Road Development Trust Fund Act 1982 as shown in this reprint comprises Act No. 133, 1982 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 Bicentennial Road Development Trust Fund Act 1982 133, 1982 20 Dec 1982 20 Dec 1982 Australian Bicentennial Road Development Trust Fund Amendment Act 1984 35, 1984 8 June 1984 8 June 1984 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 12 am. No. 35, 1984 S. 13 rep. No. 35, 1984 S. 23 am. No. 35, 1984 AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Declaration of roads
6. Standards for national roads
PART II - AUSTRALIAN BICENTENNIAL ROAD
DEVELOPMENT TRUST FUND
7. Australian Bicentennial Road Development Trust Fund
8. Moneys to be paid into Road Fund
9. Application of Road Fund
10. Variation of percentages for arterial roads at request
of State
11. Increase of funds for national roads
12. Variation of percentages where State fails to maintain
expenditure on roads
14. Time and manner of payments
15. Condition of payment of financial assistance out of
Road Fund
16. Closing of Road Fund
PART III - PROJECTS OF ROAD CONSTRUCTION
17. Approval of projects
18. Variation of projects etc.
19. Allocations of Road Fund to local government bodies
PART IV - CONDITIONS OF PAYMENTS
20. Minister may require State to furnish information
21. Statements of expenditure etc. to be furnished
22. Condition relating to expenditure of moneys paid out of
Road Fund
23. Additional conditions with respect to approved projects
PART V - MISCELLANEOUS
24. Deduction of amount repayable by State
25. Moneys repaid to Commonwealth
26. Delegations
27. Report by Minister
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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - LONG TITLE
SECT
An Act to establish a Trust Fund for the purpose of the grant
of financial assistance to the States and to the Northern
Territory for expenditure on upgrading Australian roads
in celebration of the Bicentenary in 1988, and for
related purposes
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - PART I
PART I - PRELIMINARY
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 1
Short title
SECT
1. This Act may be cited as the Australian Bicentennial Road Development
Trust Fund Act 1982.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - 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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 3
Object of Act
SECT
3. The object of this Act is to establish an Australian Bicentennial Road
Development Trust Fund for the purpose of providing funds for a program of
projects for the construction of roads, to be known as the Australian
Bicentennial Road Development Program, being a program that, during the period
that commenced on 17 August 1982 and ends in, or soon after, the Bicentennial
year, will:
(a) in accordance with national priorities, upgrade the road network in
Australia to facilitate the reliable and efficient carriage of road traffic;
(b) enhance the safety of Australian roads;
(c) bring the national highway system that links the main centres of
population to a standard that will meet the growing transport needs of
Australia;
(d) accelerate the construction of developmental roads, including roads of
importance for national tourism;
(e) assist the development of urban and rural arterial roads; and
(f) enable appropriate authorities to upgrade local road systems.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears:
"arterial road" means:
(a) an urban arterial road; or
(b) a rural arterial road;
"bicentennial road project" means a project that has been approved by the
Minister under section 17;
"Bicentennial year" means the year 1988;
"construction", in relation to a road, includes:
(a) the reconstruction or realignment of the road;
(b) the bringing of the road to a higher standard;
(c) investigation and associated engineering studies in connection with:
(i) the construction, reconstruction or realignment of the
road;
(ii) the bringing of the road to a higher standard; or
(iii) the planning of alternative routes for the road;
(d) the acquisition of land for the purpose of:
(i) constructing, reconstructing or realigning the road; or
(ii) bringing the road to a higher standard; and
(e) the doing of any other thing in relation to a matter specified in
paragraph (a) or (b) approved by the Minister for the purposes of this
definition;
but does not include the maintenance of the road;
"developmental road" means a road, or proposed road, in respect of which:
(a) a declaration under subsection 5 (3); or
(b) a declaration under subsection 5 (3) of the Roads Grants Act 1981;
is in force;
"expend", in relation to a bicentennial road project, includes expend by way
of the payment of wages for work on the project;
"government authority" means:
(a) a local government body; or
(b) an authority of a State, being an incorporated body but not being a
local government body, that is responsible for the construction of local roads
in an area of the State;
"local road" means a road, or part of a road, that is not a national road or
an arterial 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) a declaration under subsection 5 (1) or (2); or
(b) a declaration under subsection 5 (1) or (2) of the Roads Grants Act
1981;
is in force;
"national road" means a national highway or a developmental road, or a part
of a national highway or developmental road;
"prescribed adjunct", in relation to a road, means:
(a) a road sign;
(b) traffic control equipment;
(c) street lighting equipment;
(d) a vehicular ferry;
(e) a bridge or tunnel, including a bridge or tunnel for the use of
pedestrians;
(f) a path for the use of persons riding bicycles;
(g) a ramp provided to facilitate the launching of boats;
(h) vehicular access from a road to a ramp referred to in paragraph (g); or
(j) any other thing approved by the Minister for the purposes of this
definition;
associated with that road;
"Road Fund" means the Australian Bicentennial Road Development Trust Fund
established by section 7;
"rural arterial road" means a road, or proposed road, in respect of which a
declaration under subsection 5 (5) is in force;
"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;
(l) Urban Ballarat;
(m) Urban Bendigo;
(n) Urban Townsville;
(o) Urban Toowoomba;
(p) Urban Gold Coast;
(q) Urban Rockhampton; or
(r) Urban Launceston;
"urban arterial road" means a road, or proposed road, in respect of which a
declaration under subsection 5 (4) is in force;
"urban public transport system" means a public transport system in an urban
area;
"State" includes the Northern Territory.
(2) For the purposes of this Act, where a project is for both the
construction of a road and the doing of any thing, otherwise than by way of
maintenance or repair, in relation to a prescribed adjunct of the road, the
project shall be taken to be a project for the construction of the road.
(3) Where the Minister is satisfied that a project by way of capital
expenditure in relation to an urban public transport system in a State
(whether or not the system involves the use of roads):
(a) would, if undertaken, result in the reduction of the traffic on, or the
wear and tear affecting, urban arterial roads in the State; and
(b) is a project that that State regards as one that should be given
priority;
this Act applies in relation to that project in like manner as it applies in
relation to a project for the construction of an urban arterial road.
(4) A reference in this Act to the expenditure of moneys on the carrying out
of a bicentennial road project for the construction of a national road is a
reference to the expenditure of money on the carrying out of such a project in
accordance with any standards applicable to the road by virtue of a
notification in force under section 6.
(5) 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.
(6) For the purposes of this Act, where an amount is expended by a State or
a government authority by way of the payment of wages and an amount of tax is
paid by the State or the authority (whether by way of a payment of moneys, the
crediting of an account or otherwise) on those wages, being a tax imposed by a
law of the State upon employers on wages paid by them, the amount of tax shall
be deemed to be an additional amount of those wages.
(7) In subsection (6), "wages" includes payments in the nature of wages.
(8) Subject to subsection (6), for the purposes of this Act, moneys paid or
credited by a State to a trust account or other account in the Treasury of the
State shall not be taken, by reason only of their having been so paid or
credited, to have been expended by the State.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 5
Declaration of roads
SECT
5. (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 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.
(5) 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.
(6) The Minister may revoke or vary a declaration made under this section.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 6
Standards for national roads
SECT
6. (1) For the purpose of ensuring that this Act is conducive to the
construction 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; and
(b) 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 of national roads.
(2) The Minister may revoke or vary a notification given to a State under
subsection (1).
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - PART II
PART II - AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT
TRUST FUND
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 7
Australian Bicentennial Road Development Trust Fund
SECT
7. (1) An account is hereby established to be known as the Australian
Bicentennial Road Development Trust Fund.
(2) The Road Fund is a Trust Account for the purposes of section 62A of the
Audit Act 1901.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 8
Moneys to be paid into Road Fund
SECT
8. (1) Subject to subsection (2), there shall be paid into the Road Fund,
out of the Consolidated Revenue Fund, which is appropriated accordingly,
amounts equal to:
(a) so much of each amount paid to the Commonwealth as duty of Excise, or
duty of Customs, in respect of motor spirit, or diesel fuel, entered for home
consumption after the relevant time and before 1 July 1983 as bears to the
amount the same proportion as 1 cent per litre bears to the rate of duty,
expressed in cents per litre, by reference to which the amount was
ascertained; and
(b) so much of each amount paid to the Commonwealth as duty of Excise, or
duty of Customs, in respect of motor spirit, or diesel fuel, entered for home
consumption after 30 June 1983 and before 1 January 1989 as bears to the
amount the same proportion as 2 cents per litre bears to the rate of duty,
expressed in cents per litre, by reference to which the amount was
ascertained.
(2) The sum of the amounts that, but for this subsection, would, under
subsection (1), be payable into the Road Fund shall be reduced by the sum of
amounts equal to:
(a) so much of each amount paid as duty of Excise, or duty of Customs, in
respect of motor spirit, or diesel fuel, entered for home consumption after
the relevant time and before 1 July 1983 and repaid to a person by the
Commonwealth by way of rebate or otherwise as bears to the amount the same
proportion as 1 cent per litre bears to the rate of duty, expressed in cents
per litre, by reference to which the amount was ascertained; and
(b) so much of each amount paid as duty of Excise, or duty of Customs, in
respect of motor spirit, or diesel fuel, entered for home consumption after 30
June 1983 and before 1 January 1989, and repaid to a person by the
Commonwealth by way of rebate or otherwise as bears to the amount the same
proportion as 2 cents per litre bears to the rate of duty, expressed in cents
per litre, by reference to which the 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 Road Fund interest from the investment of
moneys standing to the credit of that Fund.
(5) Moneys paid into the Road Fund by virtue of subsection (4) shall, for
the purposes of this Act, be taken to be amounts paid into the Road Fund by
virtue of whichever of paragraph (1) (a) or paragraph (1) (b) the Minister
considers to be appropriate.
(6) In this Act:
(a) a reference to the sum of the amounts paid into the Road Fund by virtue
of paragraph (1) (a) shall be read as a reference to the difference between:
(i) the sum of the amounts that, but for subsection (2),
would have been paid into the Road Fund, under paragraph (1) (a), and the
amounts taken, by virtue of subsection (5), to have been paid into the Road
Fund by virtue of paragraph (1) (a); and
(ii) the sum of the amounts by which payments into the Road
Fund were reduced in accordance with paragraph (2) (a); and
(b) a reference to the sum of the amounts paid into the Road Fund by virtue
of paragraph (1) (b) shall be read as a reference to the difference between:
(i) the sum of the amounts that, but for subsection (2),
would, under paragraph (1) (b), have been paid into the Road Fund and the
amounts taken, by virtue of subsection (5), to have been paid into the Road
Fund by virtue of paragraph (1) (b); and
(ii) the sum of the amounts by which payments into the Road
Fund were reduced in accordance with paragraph (2) (b).
(7) In this section, "relevant time" means the hour of 8 o'clock in the
evening by standard time in the Australian Capital Territory on 17 August
1982.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 9
Application of Road Fund
SECT
9. (1) Subject to this section, amounts standing to the credit of the Road
Fund may be paid out of that Fund to a State by way of the grant of financial
assistance for expenditure by the State on bicentennial road projects for the
construction of roads in the State.
(2) Subject to section 11, the sum of the amounts paid out of the Road Fund,
before 1 January 1989, to States by way of the grant of financial assistance
for expenditure by the States on bicentennial road projects for the
construction of national roads in the States shall not exceed, in the
aggregate, an amount equal to the sum of:
(a) 40% of the sum of the amounts paid into the Road Fund by virtue of
paragraph 8 (1) (a); and
(b) 42% of the sum of the amounts paid into the Road Fund by virtue of
paragraph 8 (1) (b).
(3) The sum of the amounts paid out of the Road Fund, before 1 January 1989,
to a State specified in column 1 of Schedule 1 by way of the grant of
financial assistance for expenditure by the State on bicentennial road
projects for the construction 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 Road Fund by virtue of paragraph 8 (1) (a) or (b).
(4) The sum of the amounts paid out of the Road fund, before 1 January 1989,
to a State specified in column 1 of Schedule 2 by way of the grant of
financial assistance for expenditure by the State on bicentennial road
projects for the construction of rural arterial roads in the State shall not
exceed, in the aggregate, an amount equal to the sum of:
(a) 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 Road Fund by virtue
of paragraph 8 (1) (a); and
(b) 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 Road Fund by virtue
of paragraph 8 (1) (b).
(5) The sum of the amounts paid out of the Road Fund, before 1 January 1989,
to a State specified in column 1 of Schedule 3 by way of the grant of
financial assistance for expenditure by the State on bicentennial road
projects for the construction of local roads in the State shall not exceed, in
the aggregate, an amount equal to the sum of:
(a) 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 Road Fund by virtue
of paragraph 8 (1) (a); and
(b) 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 Road Fund by virtue
of paragraph 8 (1) (b).
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 10
Variation of percentages for arterial roads at request of State
SECT
10. (1) Subject to subsection (2), where a State satisfies the Minister that
the object of this Act would be furthered if the percentage specified in
column 2 in Schedule 1, and a percentage specified in column 2 or 3 in
Schedule 2, opposite to the name of that State were to be varied in ways
specified by the State, the Minister may direct that those percentages be so
varied and, where he 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 in Schedules be varied in ways that could
result in:
(a) a variation of the total amount that could be paid to a State in
accordance with subsections 9 (3) and (4);
(b) a variation of the sum of:
(i) the percentages specified in column 2 of Schedule 1; and
(ii) the percentages specified in column 2 of Schedule 2; or
(c) a variation of the sum of:
(i) the percentages specified in column 2 of Schedule 1; and
(ii) the percentages specified in column 3 of Schedule 2.
(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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 11
Increase of funds for national roads
SECT
11. (1) Where the Minister and the appropriate Minister of a State agree
that, having regard to the object of this Act, it is desirable that an amount
(in this subsection referred to as the "agreed amount") standing to the credit
of the Road Fund should be expended on a bicentennial road project for the
construction of a national road in the State instead of being expended on
bicentennial road projects for the construction of arterial roads, the
Minister, for the purpose of giving effect to the agreement, may direct that a
percentage specified in column 2 in Schedule 1 or column 2 or 3 in Schedule 2,
or 2 or more percentages so specified, opposite to the name of that State be
reduced so that there is a reduction by the agreed amount of the total amount
that may be paid to that State out of the Road Fund for expenditure on
bicentennial road projects for the construction of arterial roads and, where
the Minister gives such a direction, the percentage or percentages shall be
deemed to be reduced accordingly and the agreed amount may be paid out of the
Road Fund to that State by way of the grant of financial assistance for
expenditure by that State on that bicentennial road project for the
construction of a national road.
(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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 12
Variation of percentages where State fails to maintain
expenditure on roads
SECT
12. (1) In this section:
"deficit year", in relation to a State, means a year in respect of which the
Minister gave, or could have given, a notice to the appropriate Minister of
the State under subsection (2);
"relevant expenditure", in relation to a State, means expenditure by the
State and government authorities of the State, other than local government
bodies, in respect of roads (including expenditure by the State or such
government authorities by way of making payments to local government bodies in
respect of roads) out of funds obtained otherwise than by virtue of:
(a) this Act;
(b) any other Act providing for a grant to the State of moneys for
expenditure only in relation to roads; or
(c) the Community Employment Act 1983.
(1A) If the Minister becomes satisfied that, during a financial year in the
period commencing on 1 July 1982 and ending on 30 June 1988, the relevant
expenditure of a State (including expenditure that is deemed to be relevant
expenditure in the year by virtue of the operation of subsection (1B)) was
greater than it would have been if it had been maintained in real terms, the
Minister shall give to the appropriate Minister of the State notice in writing
stating that he has become so satisfied and specifying the amount by which he
is satisfied that the relevant expenditure of the State during that year was
greater than it would have been if it had been maintained in real terms.
(1B) Where the Minister has given to a Minister of a State notice under
subsection (1A) in relation to a financial year, the relevant expenditure of
the State in the immediately following financial year shall be deemed to be
increased by:
(a) where the financial year immediately preceding the year to which the
notice under subsection (1A) relates is not a deficit year for that State, an
amount equal to the amount specified in the notice; or
(b) where the financial year immediately preceding the year to which the
notice under subsection (1A) relates is a deficit year for that State, the
amount (if any) by which the amount specified in the notice exceeds the amount
that would have been required to maintain the relevant expenditure of the
State in real terms in the period comprising the year to which the notice
relates and the immediately preceding year.
(2) If the Minister becomes satisfied that, during a financial year ending
after 17 August 1982 and on or before 30 June 1988, or during the period of 6
months ending on 31 December 1988, the relevant expenditure of a State
(including expenditure that is deemed to be relevant expenditure in the year
by virtue of the operation of subsection (1B)) was not maintained in real
terms, the Minister may give to the appropriate Minister of the State notice
in writing stating that he has become so satisfied and specifying the amount
by which he is satisfied that the relevant expenditure of the State during the
year or period was less than it would have been if it had been maintained in
real terms.
(3) If the Minister:
(a) has given to a Minister of a State notice under subsection (2) in
relation to a financial year; and
(b) becomes satisfied that, during the period comprised by that year and the
immediately following year, the relevant expenditure of the State was not
maintained in real terms;
the Minister may direct that percentages specified in a column or columns in
any of the Schedules be varied so that there is a reduction in the amount that
may be paid to the State out of the Road Fund, and an increase in the amount
that may be paid to other States out of the Road Fund, by:
(c) in a case to which paragraph (d) does not apply, the amount specified in
the notice; or
(d) if the Minister is satisfied that the relevant expenditure of the State
in that immediately following year was greater than it would have been if it
had been maintained in real terms, the amount ascertained in accordance with
the formula
A - (B - C)
where:
A is the amount specified in the notice;
B is the amount of the relevant expenditure of the State in that immediately
following year; and
C is the amount that the Minister is satisfied would have been the amount of
the relevant expenditure of the State in that immediately following year if
that expenditure had been maintained in real terms.
(4) For the purposes of this section:
(a) a reference to the comparative period, in relation to a State, shall be
construed as a reference to such period before 1 July 1982 as the Minister
considers to be appropriate to take into account in relation to that State;
(b) a reference to the relevant expenditure of a State during a period not
having been maintained in real terms shall be construed as a reference to that
expenditure having been in real terms less than the relevant expenditure of
the State during the comparative period;
(c) a reference to the relevant expenditure of a State during a period
having been maintained in real terms shall be construed as a reference to that
expenditure having been in real terms the same as the relevant expenditure of
the State during the comparative period; and
(d) in comparing the relevant expenditures in real terms of a State during 2
periods, the Minister shall have regard to the index published by the
Australian Statistician known as the Implicit Price Deflator for Private
Non-dwelling Construction and to such other information as he considers
relevant.
(5) Where, under subsection (3), the Minister gives a direction that a
percentage or percentages 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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 14
Time and manner of payments
SECT
14. (1) Payments to a State out of the Road Fund shall be made at such
times, and in such amounts, as the Minister approves.
(2) In considering whether he should approve a payment to a State under
subsection (1), the Minister shall have regard to the costs that have been
incurred by the State in respect of bicentennial road projects, and his powers
under that subsection extend to approving payments in respect of approved
projects that have not been completed.
(3) Where a payment is made to a State out of the Road Fund, the payment
shall be accompanied by a statement specifying a class of bicentennial road
projects in respect of which the payment may be expended.
(4) In this section, "class of bicentennial road projects" means:
(a) the class consisting of bicentennial road projects for the construction
of national roads;
(b) the class consisting of bicentennial road projects for the construction
of urban arterial roads;
(c) the class consisting of bicentennial road projects for the construction
of rural arterial roads; or
(d) the class consisting of bicentennial road projects for the construction
of local roads.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 15
Condition of payment of financial assistance out of Road Fund
SECT
15. A payment of moneys to a State out of the Road Fund is subject to the
condition that the State will expend the moneys in carrying out bicentennial
road projects included in the class of bicentennial road projects (within the
meaning of section 14) specified in the statement under subsection 14 (3) that
accompanied the payment.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 16
Closing of Road Fund
SECT
16. The Road Fund shall be closed on the expiration of 31 December 1989 and
any moneys standing to the credit of the Road Fund at the time when it is
closed shall be paid to a State or States by way of the grant of financial
assistance for expenditure by the State or States on bicentennial road
projects.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - PART III
PART III - PROJECTS OF ROAD CONSTRUCTION
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 17
Approval of projects
SECT
17. (1) The Minister may, from time to time, request a State to submit
particulars of projects for the construction of roads to be undertaken in the
State that it wishes to form part of the Australian Bicentennial Road
Development Program.
(2) The Minister may, in a request made to a State under subsection (1),
inform the State that he considers that a project specified in the request
should form part of the Australian Bicentennial Road Development Program and
that particulars of that project should be submitted to him in accordance with
the request.
(3) Subject to subsection (6), where a State, in accordance with a request
made to it under subsection (1), submits to the Minister particulars of a
project, the Minister may approve the project.
(4) A project referred to in subsection (1), (2) or (3) may be:
(a) a project that was commenced, but not completed, before the commencement
of this Act; or
(b) a project part of the cost of which it is proposed to meet out of funds
obtained otherwise than out of the Road Fund.
(5) Where a State submits particulars of a project under subsection (3),
those particulars shall include an estimate of the cost of the project and
particulars of any part of that cost that it is proposed to meet out of funds
obtained otherwise than out of the Road Fund.
(6) The Minister shall not approve a project under subsection (3) unless he
is satisfied:
(a) that the undertaking of the project would further the purpose of the
Road Fund; and
(b) that, having regard to the costs of bicentennial road projects to be met
by payments out of the Road Fund, the costs in relation to the project that
are proposed to be met by payments out of the Road Fund could be met by such
payments made in accordance with section 9.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 18
Variation of projects etc.
SECT
18. (1) Subject to subsection (2), the Minister may, in accordance with
procedures determined by him:
(a) approve a variation of a bicentennial road project;
(b) approve a variation of the estimated cost of a bicentennial road
project; or
(c) approve a variation of the costs in relation to a bicentennial road
project that are to be met by payments out of the Road Fund.
(2) The Minister shall not approve a variation under subsection (1) if he
considers:
(a) that the variation would not further the purpose of the Road Fund; or
(b) that, having regard to the cost of bicentennial road projects to be met
by payments out of the Road Fund, the variation would result in the costs in
relation to a bicentennial road project that are to be met by payments out of
the Road Fund being such that they could not be met by payments made in
accordance with section 9.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 19
Allocations of Road Fund to local government bodies
SECT
19. (1) Moneys expended by a State by way of funding government authorities
to carry out bicentennial road projects for the construction of local roads
shall not be taken to have been expended in accordance with this Act unless
the moneys are 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
section 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 him 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.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - PART IV
PART IV - CONDITIONS OF PAYMENTS
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 20
Minister may require State to furnish information
SECT
20. (1) In addition to the conditions specified in any other provision of
this Act, a payment of a grant of financial assistance to a State out of the
Road Fund is subject to the condition that the appropriate Minister of the
State will comply with any requirement of the Minister made of him in
accordance with subsection (2).
(2) The Minister may, by notice in writing, require the appropriate Minister
of a State to furnish to him, within the time specified in the notice, such
information in relation to roads and urban public transport systems as is
specified in the notice.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 21
Statements of expenditure etc. to be furnished
SECT
21. In addition to the conditions specified in any other provision of this
Act, payment of an amount to a State out of the Road Fund is subject to the
following conditions:
(a) that the State will furnish 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 during that year out of
that amount;
(B) where that amount or part of that amount has been paid
to a government authority - the expenditure by the government authority during
that year out of that amount or that part of that amount; and
(C) any sum set aside during that year out of that amount
for expenditure by the State but not expended during that year; and
(ii) if the Minister so directs, a certificate by the
Auditor-General of the State certifying that, in his opinion, such of the
contents of a statement referred to in subparagraph (i) as the Minister
specifies are correct; and
(b) that, if the Minister informs the Treasurer of the State that he is
satisfied that the State has failed, with respect to that amount, to fulfil
the condition specified in paragraph (a), the State will repay that amount, or
such part of that amount as the Minister specifies, to the Commonwealth.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 22
Condition relating to expenditure of moneys paid out of Road Fund
SECT
22. In addition to the conditions specified in any other provision of this
Act, a payment of a grant of financial assistance to a State out of the Road
Fund is subject to the condition that, if any amount or amounts paid to the
State by way of a grant of financial assistance out of the Road Fund has not
or have not been wholly expended or otherwise dealt with in accordance with
this Act, the State 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 as has not been so
expended or otherwise dealt with.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 23
Additional conditions with respect to approved projects
SECT
23. (1) In addition to the conditions specified in any other provision of
this Act, a payment of a grant of financial assistance to a State out of the
Road Fund is subject to the following conditions:
(a) that, where moneys paid to the State in accordance with the grant are
required by virtue of this Act to be expended on the carrying out of a
bicentennial road project for the construction of a national road, of an urban
arterial road or of a rural arterial 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 moneys paid to the State in accordance with the grant are
required by virtue of this Act to be expended in relation to a project by way
of capital expenditure in relation to an urban public transport system to
which subsection 4 (3) applies, 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 will invite, and deal with, tenders for those works
or goods in accordance with procedures approved by the Minister;
(c) 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 furnish advice to both Ministers in connection with the
Australian Bicentennial Road Development Program in so far as it relates to
the State;
(d) that the State will ensure that signs are erected, and maintained until
1 January 1989, at locations determined by the Minister at or near the places
where bicentennial road projects are being, or have been, undertaken, being
signs of a size and style determined by the Minister, and having wording,
determined by the Minister, that indicates that the project is a project that
is being funded out of the Road Fund;
(e) that the State will, at all reasonable times, permit a person authorized
by the Minister:
(i) to inspect any work involved in the carrying out of a
bicentennial road project;
(ii) to carry out reasonable tests on any work that has been
or is being carried out on a bicentennial road project for the construction of
a national road, being tests designed to ascertain whether the work has been
or is being carried out in accordance with the standards (if any) applicable
to that work in accordance with section 6; and
(iii) to inspect and make copies of, or take extracts from,
any plans, designs, tenders, records or other documents relating to a
bicentennial road project;
(f) 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;
(g) 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 Road Fund; and
(h) that, if the Minister informs the Treasurer of the State that he is
satisfied that the State has failed to fulfil a condition specified in a
preceding paragraph or in section 20, the State will repay to the Commonwealth
the amount of the financial assistance 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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - PART V
PART V - MISCELLANEOUS
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 24
Deduction of amount repayable by State
SECT
24. The Minister may deduct any amount repayable by a State under this Act
from an amount payable to the State out of the Road Fund.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 25
Moneys repaid to Commonwealth
SECT
25. Any moneys repaid to the Commonwealth by a State under this Act shall be
paid into the Road Fund.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 26
Delegations
SECT
26. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to an officer of
the Australian Public Service any of his powers under sections 6, 14, 18 and
20, subsections 17 (1) and (3) and paragraphs 23 (d) and (e).
(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 BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SECT 27
Report by Minister
SECT
27. The Minister shall, as soon as practicable after 30 June in each year,
cause a report setting out details of:
(a) the progress made in carrying out the Australian Bicentennial Road
Development Program;
(b) the moneys paid into the Road Fund; and
(c) the moneys paid out of the Road Fund;
to be laid before each House of the Parliament.
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SCHEDULE 1
SCH
SCHEDULE 1 Sub-section 9 (3)
Limit Of Allocations For Urban Arterial Roads
Column 1 Column 2
State Percentage
New South Wales 8.76
Victoria 7.14
Queensland 6.51
South Australia 2.28
Western Australia 3.90
Tasmania 1.11
Northern Territory 0.30
30.00
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SCHEDULE 2
SCH
SCHEDULE 2 Sub-section 9 (4)
Limit Of Allocations For Rural Arterial Roads
Column 1 Column 2 Column 3
State Percentage Percentage
1982-1983 1983-1988
New South Wales 4.380 4.672
Victoria 3.570 3.808
Queensland 3.255 3.472
South Australia 1.140 1.216
Western Australia 1.950 2.080
Tasmania 0.555 0.592
Northern Territory 0.150 0.160
15.00 16.00
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND ACT 1982 - SCHEDULE 3
SCH
SCHEDULE 3 Sub-section 9 (5)
Limit of allocations for local roads
Column 1 Column 2 Column 3
State Percentage Percentage
1982-1983 1983-1988
New South Wales 4.290 3.432
Victoria 3.000 2.400
Queensland 2.925 2.340
South Australia 1.155 0.924
Western Australia 2.175 1.740
Tasmania 0.765 0.612
Northern Territory 0.690 0.552
15.00 12.00
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