Commonwealth Aid Roads Act 1969 (Cth)
COMMONWEALTH AID ROADS ACT 1969 [Note: This Act is "repealed" by Act No. 141 of 1987]
(#DATE 31:07:1983)
(#DATE 31:07:1983)
Making Information - Reprinted as at 31 July 1983
*1* The Commonwealth Aid Roads Act 1969 as shown in this reprint comprises Act No. 41, 1969 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Commonwealth Aid
Roads Act 1969 41, 1969 14 June
1969 12 July 1969
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part LXXVII (s.
280): Royal
Assent (a) S. 280 (2)
and (3)
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(a) The Commonwealth Aid Roads Act 1969 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (1) of which provides that Part LXXVII shall come into operation on Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 2 . . . . . . . . am. No. 36, 1978; No. 80, 1982
Ss. 7-12 . . . . . . am. No. 36, 1978
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COMMONWEALTH AID ROADS ACT 1969 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Interpretation
3. Principal grants
4. Purposes for which principal grants to be expended
5. Supplementary grants
6. Purpose for which supplementary grants to be expended
7. Periods within which grants are to be expended
8. Expenditure by a State from its own resources
9. Statements of expenditure, &c., to be furnished
10. Conditions as to repayment
11. Advances
12. Approvals, &c., of the Minister for Finance or Minister
13. Appropriation
THE SCHEDULES
FIRST SCHEDULE
Division of Principal Grants amongst States
SECOND SCHEDULE
Amounts of Principal Grants to be Expended on Urban Arterial Roads
THIRD SCHEDULE
Amounts of Principal Grants to be Expended on Rural Arterial Roads
FOURTH SCHEDULE
Amounts of Principal Grants to be Expended on Rural Roads other than Arterial
Roads
FIFTH SCHEDULE
Amounts of Principal Grants to be Expended on Planning and Research
SIXTH SCHEDULE
Division of Supplementary Grants amongst States
SEVENTH SCHEDULE
Base Amounts
COMMONWEALTH AID ROADS ACT 1969 - LONG TITLE SECT
An Act to Grant Financial Assistance to the States in relation to Roads
COMMONWEALTH AID ROADS ACT 1969 - SECT 1
Short titleSECT
1. This Act may be cited as the Commonwealth Aid Roads Act 1969.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMMONWEALTH AID ROADS ACT 1969 - SECT 2
InterpretationSECT
2. (1) In this Act, unless the contrary intention appears-
"construction", in relation to a road, includes-
(a) the reconstruction of a road;
(b) the bringing of a road to a higher standard; and
(c) the acquisition of land for the purpose of constructing a road,
but does not include the maintenance of a road;
"maintenance" includes repair;
"road" includes-
(a) a road sign;
(b) traffic control equipment;
(c) street lighting equipment;
(d) a vehicular ferry; or
(e) a bridge or tunnel for the use of pedestrians,
associated with a road;
"road planning and research" includes-
(a) the investigation of transport by road in relation to other means of transport; and
(b) research into road safety, the design of vehicles and the behaviour of road users;
"road works" means-
(a) the construction of roads;
(b) the maintenance of roads; and
(c) the doing of anything in relation to roads that is for the time being approved by the Minister for Finance for the purposes of this definition,
and includes road planning and research;
"rural arterial road" means a rural road that is for the time being declared by the Minister to be a rural arterial road for the purposes of this Act;
"rural road" means a road or proposed road not in an urban area;
"urban area" means an area designated by the Commonwealth Statistician, for the purposes of the Census taken in the year One thousand nine hundred and sixty-six, 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) Urban Newcastle;
(h) Urban Wollongong;
(i) Urban Geelong;
(j) Urban Launceston;
(k) Urban Townsville;
(l) Urban Ballarat;
(m) Urban Gold Coast;
(n) Urban Toowoomba;
(o) Urban Rockhampton; or
(p) Urban Bendigo;
"urban arterial road" means a road or proposed road in an urban area that is for the time being declared by the Minister to be an urban arterial road, or urban sub-arterial road, for the purposes of this Act;
"year" means a period commencing on the first day of July and ending on the following thirtieth day of June.(2) An amount paid by a State to a municipal, shire or other local authority for a particular purpose shall, for the purposes of this Act, be deemed to have been expended by the State for that purpose, and an amount set aside by a State for payment to a municipal, shire or other local authority for a particular purpose shall, for the purposes of this Act, be deemed to have been set aside by the State for expenditure for that purpose.
(3) 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.
(4) Without extending or restricting, by implication, the amounts that, for the purposes of this Act, may be treated as amounts expended, or set aside for expenditure, by a State on the construction of roads or on the maintenance of roads, an amount expended, or set aside for expenditure, by a State on the construction or maintenance of an office building used or to be used in or in connexion with road works shall be treated as an amount expended, or set aside for expenditure, on the construction of roads or on the maintenance of roads, as the case may be, only if the building is situated at or adjacent to the site of operations being carried out, or to be carried out, in connexion with the construction of a road or the maintenance of a road, as the case may be, and is for use in those operations.
(5) An amount or a part of an amount expended, or set aside for expenditure, by a State on the purchase of road-making plant may, if the State so elects, be treated, for the purposes of this Act, as an amount expended or set aside for expenditure, as the case may be-
(a) on the construction of urban arterial roads;
(b) on the construction of rural arterial roads;
(c) on the construction and maintenance of rural roads, other than rural arterial roads; or
(d) on other road works.(6) A reference in this Act to a Schedule by number shall be read as a reference to the Schedule to this Act so numbered.
COMMONWEALTH AID ROADS ACT 1969 - SECT 3
Principal grantsSECT
3. (1) There is payable to the States in respect of each year specified in the following table, for the purpose of financial assistance, the amount specified opposite to that year in that table: $
Year commencing 1st July, 1969 . . . . . 180,000,000
Year commencing 1st July, 1970 . . . . . 205,000,000
Year commencing 1st July, 1971 . . . . . 235,000,000
Year commencing 1st July, 1972 . . . . . 270,000,000
Year commencing 1st July, 1973 . . . . . 310,000,000
----------------
1,200,000,000
----------------
(2) An amount payable to the States under the last preceding sub-section in respect of a year shall be divided amongst the States in accordance with the First Schedule, and payments in respect of that year shall, subject to this Act, be made to each State accordingly.
COMMONWEALTH AID ROADS ACT 1969 - SECT 4
Purposes for which principal grants to be expendedSECT
4. (1) Each State shall, out of moneys paid to it under the last preceding section in respect of a year, expend on the construction of urban arterial roads an amount equal to the amount that is applicable to the State in respect of that year in accordance with the Second Schedule. (2) Each State shall, out of moneys paid to it under the last preceding section in respect of a year, expend on the construction of rural arterial roads an amount equal to the amount that is applicable to the State in respect of that year in accordance with the Third Schedule.
(3) Each State shall, out of moneys paid to it under the last preceding section in respect of a year, expend on the construction and maintenance of rural roads, other than rural arterial roads, an amount equal to the amount that is applicable to the State in respect of that year in accordance with the Fourth Schedule.
(4) Each State shall, out of moneys paid to it under the last preceding section in respect of a year, expend on road planning and research for the time being approved by the Minister an amount equal to the amount that is applicable to the State in respect of that year in accordance with the Fifth Schedule.
(5) Where a State satisfies the Minister that-
(a) the amount specified in the Second Schedule, Third Schedule or Fourth Schedule in relation to the State in respect of a year is greater than the amount that the State will be able to expend, in accordance with this Act, for the purpose applicable to the amount under sub-section (1), sub-section (2) or sub-section (3) of this section, respectively; and
(b) the inability of the State to so expend that amount is due to exceptional circumstances,
the Minister may direct that the amount so specified in that Schedule in relation to that State in respect of that year shall be deemed to be reduced by such amount as is specified by the Minister and that the amount specified in relation to the State in respect of that year in such other of the Second, Third and Fourth Schedules as he specifies shall be increased by a corresponding amount and, upon the Minister giving such a direction, this Act has effect as if those amounts had been respectively reduced and increased in accordance with the Minister's direction.
COMMONWEALTH AID ROADS ACT 1969 - SECT 5
Supplementary grantsSECT
5. (1) This section applies to the the States of South Australia, Western Australia and Tasmania. (2) In addition to the amounts payable under section 3 of this Act, there is payable to the States to which this section applies in respect of each year specified in the following table, for the purpose of financial assistance, the amount specified opposite to that year in that table:
$
Year commencing 1st July, 1969 . . . . . 13,000,000
Year commencing 1st July, 1970 . . . . . 13,000,000
Year commencing 1st July, 1971 . . . . . 10,250,000
Year commencing 1st July, 1972 . . . . . 9,000,000
Year commencing 1st July, 1973 . . . . . 6,800,000
----------------
52,050,000
----------------
(3) An amount payable to the States to which this section applies under the last preceding sub-section in respect of a year shall be divided amongst the States in accordance with the Sixth Schedule, and payments in respect of that year shall, subject to this Act, be made to each of those States accordingly.
COMMONWEALTH AID ROADS ACT 1969 - SECT 6
Purpose for which supplementary grants to be expendedSECT
6. Moneys paid to a State under the last preceding section shall be expended on the construction and maintenance of roads.
COMMONWEALTH AID ROADS ACT 1969 - SECT 7
Periods within which grants are to be expendedSECT
7. (1) Moneys paid to a State under this Act in a year shall, during that year, be expended, or set aside for expenditure, by the State. (2) Moneys set aside by a State for expenditure in accordance with the last preceding sub-section shall be expended by the State during the period of eighteen months commencing on the first day of the year during which they are set aside or within such further period as the Minister for Finance, with the concurrence of the Minister, approves.
COMMONWEALTH AID ROADS ACT 1969 - SECT 8
Expenditure by a State from its own resourcesSECT
8. (1) In this section, "the quota", in relation to a State in respect of a year, means an amount that bears to the base amount applicable to the State in accordance with the Seventh Schedule the same proportion as the number of motor vehicles that were on register in the State on the thirty-first day of December in the year immediately preceding that year bears to the number of motor vehicles that were on register in the State on the thirty-first day of December, One thousand nine hundred and sixty-six. (2) Where the quota applicable to a State for a year in which amounts have been paid to the State under this Act exceeds the amount, or the aggregate of the amounts, that the State, during that year, has, from its own resources, expended, or set aside for expenditure, on road works, the State shall pay to the Commonwealth an amount equal to the excess or such lesser amount as the Minister for Finance determines.
(3) Where the amount, or the aggregate of the amounts, that a State has, during a year, from its own resources, expended, or set aside for expenditure, on road works is greater than the quota applicable to the State for that year, that amount, or the aggregate of those amounts, as the case may be, shall, to the extent that it exceeds the quota, be deemed, for the purposes of the last preceding sub-section, to have been expended by the State during the next succeeding year.
(4) For the purposes of this section, an amount set aside for expenditure during a year shall not be taken into account as an amount so set aside unless it is expended within a period of eighteen months commencing on the first day of that year.
(5) For the purposes of this section, the number of motor vehicles that are on register in a State on the thirty-first day of December in a year shall be taken to be the number of vehicles that, according to statistics last published by the Commonwealth Statistician before the next following thirty-first day of December, are the number of motor vehicles on register in that State on that first-mentioned day.
(6) For the purposes of this section, an amount expended, or set aside for expenditure, by a State in payment of interest on moneys borrowed by the State and expended by the State on road works may be treated as an amount expended, or set aside for expenditure, by the State on road works.
COMMONWEALTH AID ROADS ACT 1969 - SECT 9
Statements of expenditure, &c., to be furnishedSECT
9. (1) In addition to the conditions specified in any other provision of this Act, payment of an amount to a State under this Act in respect of a year is subject to the condition that the State will submit to the Minister-
(a) as soon as practicable after the thirtieth day of June in that year, a statement, in accordance with a form approved by him, as to the expenditure by the State during that year out of that amount and as to any sum set aside during that year out of that amount for expenditure by the State but not expended during that year;
(b) as soon as practicable after the thirty-first day of December in the next succeeding year, a statement, in accordance with a form so approved, as to the expenditure by the State during the period of six months ended on that date out of any sum set aside but not expended as mentioned in the last preceding paragraph;
(c) if the Minister so directs, as soon as practicable after such date as the Minister specifies, a statement in writing setting out such other information in relation to amounts shown in statements submitted under the last two preceding paragraphs to have been expended or set aside for expenditure, or such other information in relation to the operation of this Act in respect of the State, as the Minister specifies; and
(d) if the Minister so directs, a certificate by the Auditor-General of the State verifying such of the contents of statements referred to in any of the preceding paragraphs of this sub-section as the Minister specifies.(2) In addition to the conditions specified in any other provision of this Act, payment of an amount to a State under this Act in respect of a year is subject to the condition that the State will submit to the Minister for Finance-
(a) as soon as practicable after the thirtieth day of June in that year, a statement, in accordance with a form approved by him, as to amounts expended on road works by the State from its own resources during that year and as to any sum set aside during that year for expenditure by the State from its own resources on road works but not expended during that year;
(b) as soon as practicable after the thirty-first day of December in the next succeeding year, a statement, in accordance with a form so approved, as to amounts expended on road works by the State from its own resources during the period of six months ended on that date out of any sum set aside but not expended as mentioned in the last preceding paragraph;
(c) if the Minister for Finance so directs, as soon as practicable after such date as the Minister for Finance specifies, a statement in writing setting out such other information in relation to amounts shown in statements submitted under the last two preceding paragraphs to have been expended or set aside for expenditure as the Minister for Finance specifies; and
(d) if the Minister for Finance so directs, a certificate by the Auditor-General of the State verifying such of the contents of statements referred to in any of the preceding paragraphs of this sub-section as the Minister for Finance specifies.(3) An amount shown in a statement as mentioned in paragraph (b) of sub-section (1) of this section, or in paragraph (b) of the last preceding sub-section, as having been expended during the period referred to in the paragraph shall not be shown to have been expended in any succeeding statement furnished by a State under either of those sub-sections.
COMMONWEALTH AID ROADS ACT 1969 - SECT 10
Conditions as to repaymentSECT
10. In addition to the conditions specified in any other provision of this Act, payment of an amount to a State under this Act is subject to the following conditions: (a) that, if the Minister for Finance informs the Treasurer of the State that he is satisfied that the amount paid to the State under this Act exceeds the amount properly payable, the State will repay to the Commonwealth the amount of the excess or such lesser sum as the Minister for Finance determines;
(b) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to comply with the conditions applicable to that amount, the State will repay to the Commonwealth such sum as the Minister determines, being a sum not exceeding the amount in respect of which the Minister is so satisfied; and
(c) that the Minister for Finance may deduct any sum repayable under either of the last two preceding paragraphs from an amount payable by the Commonwealth to the State.
COMMONWEALTH AID ROADS ACT 1969 - SECT 11
AdvancesSECT
11. The Minister for Finance may, at such times as he thinks fit, make advances of such amounts as he thinks fit to a State on account of an amount that may become payable under this Act to the State.
COMMONWEALTH AID ROADS ACT 1969 - SECT 12
Approvals, &c., of the Minister for Finance or MinisterSECT
12. An approval, declaration, direction or determination of the Minister for Finance or the Minister under this Act shall be given or made by instrument in writing.
COMMONWEALTH AID ROADS ACT 1969 - SECT 13
AppropriationSECT
13. Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly. ----------------
COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 1 SCH
THE SCHEDULES
FIRST SCHEDULE
Section 3
DIVISION OF PRINCIPAL GRANTS AMONGST STATES
------------------------------------------------------------------------------ --
Year Year Year Year Year
commencing commencing commencing commencing commencing
State 1st July
1969 1st July
1970 1st July
1971 1st July
1972 1st July
1973 Total
------------------------------------------------------------------------------ --
$ $ $ $ $ $
New South Wales 57,060,
000 64,980,
000 74,500,
000 85,590,
000 98,270,
000 380,
400,000
Victoria . . . 38,160,
000 43,460,
000 49,820,
000 57,240,
000 65,720,
000 254,400,
000
Queensland . . 34,740,
000 39,560,
000 45,360,
000 52,110,
000 59,830,
000 231,
600,000
South Australia 18,000,
000 20,500,
000 23,500,
000 27,000,
000 31,000,
000 120,
000,000
Western
Australia . . . 23,940,
000 27,270,
000 31,250,
000 35,910,
000 41,230,
000 159,
600,000
Tasmania . . . 8,100,000 9,230,000 10,570,
000 12,150,
000 13,950,
000 54,000,
000
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Total . . . . 180,000,
000 205,000,
000 235,000,
000 270,000,
000 310,000,
000 1,200,
000,000
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COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 2 SCH
SECOND SCHEDULE
Section 4 (1)
AMOUNTS OF PRINCIPAL GRANTS TO BE EXPENDED ON URBAN ARTERIAL ROADS
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Year Year Year Year Year
commencing commencing commencing commencing commencing
State 1st July
1969 1st July
1970 1st July
1971 1st July
1972 1st July
1973 Total
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$ $ $ $ $ $
New South Wales 27,570,000 32,740,000 39,060,
000 46,520,
000 55,120,
000 201,010,
000
Victoria . . . 21,260,000 25,330,000 30,300,
000 36,170,
000 42,950,
000 156,010,
000
Queensland . . 13,460,000 16,070,000 19,270,
000 23,040,
000 27,400,
000 99,240,
000
South Australia 7,780,000 9,450,000 11,500,
000 13,940,
000 16,760,
000 59,430,
000
Western
Australia . . . 7,780,000 9,680,000 12,030,
000 14,830,
000 18,090,
000 62,410,
000
Tasmania . . . 2,980,000 3,610,000 4,370,000 5,290,000 6,340,
000 22,590,
000
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Total . . . . 80,830,000 96,880,000 116,530,
000 139,790,
000 166,660,
000 600,690,
000
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----------
COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 3 SCH
THIRD SCHEDULE
Section 4 (2)
AMOUNTS OF PRINCIPAL GRANTS TO BE EXPENDED ON RURAL ARTERIAL ROADS
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Year Year Year Year Year
commencing commencing commencing commencing commencing
State 1st July
1969 1st July
1970 1st July
1971 1st July
1972 1st July
1973 Total
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$ $ $ $ $ $
New South Wales 8,760,000 10,400,000 12,410,000 14,780,000 17,520,
000 63,870,
000
Victoria . . . 2,420,000 2,880,000 3,440,000 4,110,000 4,870,
000 17,720,
000
Queensland . . 7,700,000 9,190,000 11,010,000 13,170,000 15,650,
000 56,720,
000
South Australia 1,790,000 2,170,000 2,650,000 3,210,000 3,850,
000 13,670,
000
Western
Australia . . . 2,970,000 3,710,000 4,610,000 5,690,000 6,930,
000 23,910,
000
Tasmania . . . 1,430,000 1,730,000 2,100,000 2,550,000 3,060,
000 10,870,
000
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Total . . . . 25,070,000 30,080,000 36,220,000 43,510,000 51,880,
000 186,760,
000
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----------
COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 4 SCH
FOURTH SCHEDULE
Section 4 (3)
AMOUNTS OF PRINCIPAL GRANTS TO BE EXPENDED ON RURAL ROADS OTHER THAN
ARTERIAL ROADS
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Year Year Year Year Year
commencing commencing commencing commencing commencing
State 1st July
1969 1st July
1970 1st July
1971 1st July
1972 1st July
1973 Total
------------------------------------------------------------------------------ --
$ $ $ $ $ $
New South Wales 19,870,
000 20,870,
000 21,910,
000 23,010,
000 24,160,
000 109,
820,000
Victoria . . . 13,910,
000 14,600,
000 15,330,
000 16,100,
000 16,910,
000 76,850,
000
Queensland . . 13,060,
000 13,710,
000 14,400,
000 15,120,
000 15,880,
000 72,170,
000
South Australia 8,160,000 8,570,000 9,000,000 9,450,000 9,920,
000 45,100,
000
Western
Australia . . . 12,830,
000 13,470,
000 14,140,
000 14,850,
000 15,590,
000 70,880,
000
Tasmania . . . 3,570,000 3,750,000 3,940,000 4,130,000 4,340,
000 19,730,
000
------------------------------------------------------------------------------ --
Total . . . . 71,400,
000 74,970,
000 78,720,
000 82,660,
000 86,800,
000 394,550,
000
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----------
COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 5 SCH
FIFTH SCHEDULE
Section 4 (4)
AMOUNTS OF PRINCIPAL GRANTS TO BE EXPENDED ON PLANNING AND RESEARCH
------------------------------------------------------------------------------ --
Year Year Year Year Year
commencing commencing commencing commencing commencing
State 1st July
1969 1st July
1970 1st July
1971 1st July
1972 1st July
1973 Total
------------------------------------------------------------------------------ --
$ $ $ $ $ $
New South Wales 860,000 970,000 1,120,
000 1,280,
000 1,470,
000 5,700,
000
Victoria . . . 570,000 650,000 750,000 860,000 990,
000 3 820,
000
Queensland . . 520,000 590,000 680,000 780,000 900,
000 3,470,
000
South Australia 270,000 310,000 350,000 400,000 470,
000 1,800,
000
Western
Australia . . . 360,000 410,000 470,000 540,000 620,
000 2,400,
000
Tasmania . . . 120,000 140,000 160,000 180,000 210,
000 810,
000
------------------------------------------------------------------------------ --
Total . . . . 2,700,000 3,070,000 3,530,000 4,040,000 4,660,
000 18,000,
000
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----------
COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 6 SCH
SIXTH SCHEDULE
Section 5
DIVISION OF SUPPLEMENTARY GRANTS AMONGST STATES
------------------------------------------------------------------------------ --
Year Year Year Year Year
commencing commencing commencing commencing commencing
State 1st July
1969 1st July
1970 1st July
1971 1st July
1972 1st July
1973 Total
------------------------------------------------------------------------------ --
$ $ $ $ $ $
South Australia 3,000,
000 3,000,
000 2,000,
000 1,000,
000 . . 9,000,
000
Western
Australia . . . 9,000,
000 9,000,
000 8,000,
000 8,000,
000 6,800,
000 40,800,
000
Tasmania . . . 1,000,000 1,000,000 250,000 . . . . 2,250,
000
------------------------------------------------------------------------------ --
Total . . . . 13,000,
000 13,000,
000 10,250,
000 9,000,000 6,800,
000 52,050,
000
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----------
COMMONWEALTH AID ROADS ACT 1969 - SCHEDULE 7 SCH
SEVENTH SCHEDULE
Section 8
BASE AMOUNTS
$
New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . 63,687,207
Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48,317,786
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . 26,610,344
South Australia . . . . . . . . . . . . . . . . . . . . . . . . . 12,909,533
Western Australia . . . . . . . . . . . . . . . . . . . . . . . . 11,279,257
Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,062,323
0
0
0