COMMONWEALTH
AID ROADS.
No.
47 of 1950.
An
Act to grant and apply out of the Consolidated Revenue Fund sums for the
purpose of Financial Assistance to the States to be applied in the
Construction, Reconstruction, Maintenance and Repair of Roads and Works
connected with Transport, and for other purposes.
[Assented
to 14th December, 1950.]
BE it enacted by the King’s Most
Excellent Majesty, the Senate, and the House of Representatives of the
Commonwealth of Australia, for the purpose of appropriating the grant
originated in the House of Representatives, as follows:—
Short
title.
1. This Act may be cited as the Commonwealth
Aid Roads Act 1950.
Commencement.
2.This Act shall come into operation on the day on which
it receives the Royal Assent.
Definition.
3.In this Act, “the Trust Account” means the
Commonwealth Aid Roads Trust Account established by this Act.
Establishment of Trust Account.
4.For the purposes of this Act, there shall be a Trust
Account, which shall be known as the Commonwealth Aid Roads Trust Account and
shall be a Trust Account within the meaning of section sixty-two a of the Audit Act 1901–1948.
Payments into Trust Account.
5.—(1.) There shall be payable into the Trust Account
the amounts specified in the Schedule to this Act.
(2.) The amounts so payable shall be paid into the
Trust Account by instalments based on the collections from time to time of the
duties of customs and duties of excise referred to in that Schedule.
(3.) Payments under this section shall be made out
of the Consolidated Revenue Fund, which is, to the necessary extent, hereby
appropriated accordingly.
Grant of financial assistance to States
for general road purposes.
6.—(1.) There shall be payable out of the Trust Account,
in respect of each year during the period of five years which commenced on the
first day of July, One thousand nine hundred and fifty, sixty-five per centum
of the amounts paid into the Trust Account in respect of that year, less the
sum of Six hundred thousand pounds, for the purpose of financial assistance to
the States in the expenditure of moneys—
(a)on the construction,
reconstruction, maintenance and repair of roads or on the purchase of
road-making plant; or
(b) in making payments to local authorities for the construction,
reconstruction, maintenance and repair of roads or for the purchase of
road-making plant.
(2.) An amount not exceeding one-sixth of the
aggregate of the amounts paid in each year to a State under this section may be
expended in that year on other works connected with transport by road or by
water.
Grant of financial assistance to States
for rural roads.
7.—(1.) This section applies in relation to roads in
rural areas (including developmental roads, feeder roads, roads in sparsely
populated areas and in soldier settlement areas and roads in country
municipalities and shires) but does not apply in relation to a road which is a
highway, trunk road or main road.
(2.) There shall be payable out of the Trust Fund,
in respect of each year during the period of five years which commenced on the
first day of July, One thousand nine hundred and fifty, thirty-five per centum
of the amount paid into the Trust Account in respect of that year, for the
purpose of financial assistance to the States in the expenditure of moneys—
(a)on the construction,
reconstruction, maintenance and repair of roads in relation to which this
section applies or on the purchase of road-making plant for use in connexion
with roads in relation to which this section applies; or
(b) in making payments to local authorities for the construction,
reconstruction, maintenance and repair of roads in relation to which this
section applies or for the purchase of road-making plant for use in connexion
with roads in relation to which this section applies.
Basis of apportionment to the States.
8. Sums payable to the States under sections six and seven of this
Act shall be divided amongst the States as follows:—
(a)to the State of
Tasmania—five per centum of those sums; and
(b) to the other States—
(i) as to fifty-seven
per centum of those sums—according to the respective populations of those
States as ascertained at the census taken during the month of June, One
thousand nine hundred and forty-seven; and
(ii) as to thirty-eight
per centum of those sums—according to the respective areas of those States.
Certified statement of expenditure to be
furnished.
9.Payment of an amount to a State under section six or
seven of this Act shall be subject to the condition that the State will, as
soon as practicable after the thirtieth day of June in each year, submit to the
Minister a statement, which shall be in accordance with a form approved by the
Minister and shall be certified by the Auditor-General for the State, of the
expenditure by the State of that amount.
Expenditure on strategic roads.
10.—(1.) There shall be payable out of the Trust
Account, in respect of each year during the period of five years which
commenced on the first day of July, One thousand nine hundred and fifty, the
sum of Five hundred thousand pounds, which may, subject to this section, be
expended by the Commonwealth on the construction, reconstruction, maintenance
and repair of strategic roads and roads of access to Commonwealth property.
(2.) An amount shall not be expended under this
section on a road, not being a road of access to Commonwealth property, unless—
(a) the Minister approves of the road as a strategic road; and
(b) where the road forms part of a general road system of a State,
the Minister is satisfied that the standard of construction or maintenance
required by the Commonwealth is higher than that justified by the normal volume
of traffic.
Road safety practices.
11.There shall be payable out of the Trust Account, in
respect of each year during the period of five years which commenced on the
first day of July, One thousand nine hundred and fifty, the sum of One hundred
thousand pounds, which may be expended by the Commonwealth on the promotion of
road safety practices throughout Australia in accordance with proposals
approved by the Minister.
Regulations.
12. The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted
to be prescribed, or which are necessary or convenient to be prescribed, for
carrying out or giving effect to this Act.
THE SCHEDULE. Section 5.
AMOUNTS
PAYABLE INTO THE TRUST ACCOUNT.
1. So much of the duties of customs payable and collected under the
Tariff Item specified in this paragraph in respect of the goods specified in
this paragraph as is equal to Sixpence per gallon on all those goods in respect
of which those duties are payable and which are entered for home consumption
during each year of the period of five years which commenced on the first day
of July, 1950, that is to say, the duties of customs payable and collected,
under Item 229 (c) in the Schedule
to the Customs Tariff 1933–1950 or
under that Item as amended or proposed to be amended, during each year of that period
of five years in respect of petroleum and shale products, namely, naphtha,
benzine, benzoline, gasoline, pentane, petrol and any other petroleum or shale
spirit.
2. So
much of the duties of excise payable and collected under the Tariff Item
specified in this paragraph in respect of the goods specified in this paragraph
as is equal to Threepence halfpenny per gallon on all those goods in respect of
which those duties are payable and which are entered for home consumption
during each year of that period of five years, that is to say, the duties of
excise payable and collected under Item 11 in the Schedule to the Excise Tariff 1921–1949 or under that
Item as amended or proposed to be amended during each year of that period of
five years in respect of—
(a) petroleum or shale products, namely, petrol, benzine, benzoline,
gasoline, naphtha, pentane, and any other petroleum or shale spirit as
described in that Item; or
(b) petroleum or shale distillates, namely, turpentine substitutes.
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