FEDERAL AID ROADS.
No.
22 of 1931.
An
Act to authorize the Execution by the Commonwealth of Agreements between the
Commonwealth and the States in relation to the Construction, Re-construction,
Maintenance or Repair of Roads, and to make provision for the carrying out
thereof.
[Assented to 7th August, 1931.]
Preamble.
WHEREAS
it is expedient to provide for financial assistance to the several States for
the purpose of the construction, re-construction, maintenance or repair of roads:
BE it therefore 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 Federal Aid Roads
Act 1931.
Execution of
agreement authorised.
2.—(1.) The
execution, by or on behalf of the Commonwealth, of agreements in the form
contained in the Schedule to this Act, between the Commonwealth and each State
of the Commonwealth is hereby authorized.
(2.) The authority conferred by this section shall
include authority for the execution of any agreement in the form contained in
the Schedule executed before the commencement of this section.
Appropriation of
moneys.
3. There
shall be payable out of the Consolidated Revenue Fund, which is hereby
appropriated accordingly, into the Trust Account established by section three
of the Federal Aid Roads Act 1926,
such amount as is necessary for the purposes of each agreement executed by the
Commonwealth in pursuance of this Act.
Regulations.
4.The
Governor-General may make regulations, not inconsistent with this Act,
prescribing all matters which 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.
—
Agreement made
the day of One thousand nine hundred and
thirty-one Between the Commonwealth of
Australia (in this Agreement called “the Commonwealth”) and the State of (here insert State) (in this
Agreement called “the State”):
Whereas by
an Agreement in the form contained in the Schedule to the Federal Aid Roads Act 1926 of the Commonwealth and made on the day of One thousand nine hundred and
twenty- between
the Commonwealth and the State (which Agreement was approved adopted authorized
and ratified by the (here insert the title of the State Statute) of the State
and is hereinafter called the “Principal Agreement”) it was agreed in clauses 2,
3 and 4 as follows:—
“2. (1.) The Commonwealth will subject to and for
the purposes of this Agreement provide the sum of (a)during the period of
ten years commencing on the first day of July One thousand nine hundred and
twenty-six.
(2.)
The said sum of (a) will be paid by
the Commonwealth into a Trust Account established for the purpose under Section
62a of the Audit Act 1901-1924 of the Commonwealth by payments into such account
of the sum of (b) in each year during
the said period of ten years.
(3.)
Payments will be made to the State out of the moneys for the time being in the
said Trust Account in such amounts at such times and subject to such conditions
as the Minister may from time to time determine.
“3. (1.) Subject
to clause 7 of this Agreement the State will provide an additional sum of (c)
for the purposes of this Agreement.
(2.)
The said sum of (c)shall be provided by the State in instalments
at the rate of Fifteen shillings (15s.) for each One pound sterling paid to the
State out of the said Trust Account.
(3.)
Of the amount to be provided by the State under this clause the sum of (d) shall be provided from Revenue. The
balance of the amount to be provided by the State may at the option of the
State be provided out of current roads expenditure or from Revenue or loan
moneys.
“4. (1.) If any instalment provided by the State as
aforesaid is or includes loan moneys of the State the State shall at the time
when the instalment is provided so inform the Commonwealth and specify the
amount of loan moneys in the instalment.
(2.)
The Commonwealth shall thenceforward in each year during the remainder of the
said period of ten years withdraw from moneys in the said Trust Account and pay
into the Sinking Fund hereinafter mentioned an amount equal to Three pounds per
centum (£3 %) per annum accruing from day to day on the amount of loan moneys
in the instalment.
(3.)
The State shall on the thirtieth day of June in each year after the expiration
of the said period of ten years pay into the said Sinking Fund an amount equal
to £3 per centum per annum accruing from day to day on each amount of loan
moneys included in an instalment provided by the State as aforesaid until the
amount paid into the Sinking Fund under this and the preceding sub-clause in
respect of that instalment (together with all interest credited thereto) is
sufficient to repay the loan moneys included in such instalment.
(4.)
The Sinking Fund hereinbefore referred to is the National Debt Sinking Fund
established under the National Debt
Sinking Fund Act 1923-1925 of the Commonwealth or any amendment thereof or
any Sinking Fund established in lieu thereof and all moneys paid into such Fund
will be deemed to accumulate each year at the average annual effective rate of
interest earned during that year by Sinking Fund moneys.
(5.)
A certificate by the body or person for the time being controlling the said
Sinking Fund moneys stating the average annual effective rate of interest
earned during any year by Sinking Fund moneys shall be conclusive as to the
matter stated.”:
And
Whereas by an Agreement made the twelfth day of December One thousand nine
hundred and twenty-seven between the Commonwealth of the first part the State
of New South Wales of the second part the State of Victoria of the third part
the State of Queensland of the fourth part the State of South Australia of the
fifth part the State of Western Australia of the sixth part and the State of
Tasmania of the seventh part (a copy of which Agreement is set forth in the
Schedule to the Financial Agreement
Validation Act 1929 of the Commonwealth and in the Schedule to the (here
insert the title of the State Statute approving the Financial Agreement) of the
State and which Agreement is hereinafter referred to as “the Financial
Agreement”) provision was made with respect to (inter alia) the borrowing of
moneys by the State or by the Commonwealth for and on behalf of the State and
for the payment of Sinking Fund contributions by the Commonwealth and the State
in respect of the Public Debt of the State existing on the 30th June, 1927, and
in respect of each loan raised after the 30th June, 1927, by the State or by
the Commonwealth for and on behalf of the State:
And
Whereas the Financial Agreement has been approved by the Parliaments of
the Commonwealth and of all the said States:
And
Whereas the Commonwealth and the State executed the Financial Agreement
upon the understanding that the Financial Agreement should not modify or affect
the operation of clause 4 of the Principal Agreement but that in addition to
the provision made in the Financial Agreement for the payment of Sinking Fund
contributions as aforesaid the provisions of clause 4 of the Principal
Agreement should continue in full force and effect:
And
Whereas the Commonwealth and the State have agreed to vary the Principal
Agreement in the manner hereinafter appearing:
Now
it is Hereby Agreed as follows:—
1. This Agreement shall have no force or effect and
shall not be binding on either party unless and until it is approved adopted
authorized or ratified by the Parliaments of the Commonwealth and of the State.
2. The Financial Agreement shall not modify or affect
the operation of clause 4 of the Principal Agreement or clause 4 of the
Principal Agreement as varied by this Agreement but in addition to the
provision made in the Financial Agreement for the payment of Sinking Fund
contributions by the Commonwealth and the State in respect of the Public Debt
of the State existing on 30th June, 1927, and in respect of each loan raised
after the 30th June, 1927, by the State or by the Commonwealth for and on
behalf of the State the provisions of clause 4 of the Principal Agreement as
varied by this Agreement shall continue in full force and effect.
3. The Principal Agreement shall be read and
construed as if clauses 2 to 12 (both inclusive) were deleted there from and
the following clauses were inserted in lieu of clauses 2 and 4 respectively:—
“2. (1.) The
Commonwealth will subject to and for the purposes of this Agreement provide
during each year of the period of five years commencing on the first day of
July One thousand nine hundred and thirty-one a sum equivalent to (e) of the aggregate of the following
amounts namely:—
(a)
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 shall be equal to 2
d. per gallon of all of these goods which shall be entered
for home consumption during that year that is to say the duties of customs
payable and collected under Tariff Item 229 (c) in the Schedule to the Customs Tariff 1921-1930 as proposed to
be amended by the Customs Tariff Proposal introduced into the House of
Representatives on the twenty-sixth day of March One thousand nine hundred and
thirty-one or under that Tariff Item as further amended or proposed to be amended
during the continuance of this Agreement in respect of naphtha benzine benzoline
gasoline pentane petrol and other petroleum or shale spirit; and
(b)
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 shall be equal to 1
d. per gallon of all of these goods which shall be entered
for home consumption during that year that is to say the duties of excise
payable and collected under Tariff Item 11 in the Schedule to the Excise Tariff 1921-1928 as proposed to
be amended by the Excise Tariff Proposal introduced into the House of
Representatives on the twenty-sixth day of March One thousand nine hundred and
thirty-one or under that Tariff Item as further amended or proposed to be
amended during the continuance of this Agreement in respect of petroleum or
shale products namely petrol benzine benzol benzoline gasoline naphtha pentane
and other petroleum and shale distillates and in respect of coal tar and coke
oven distillates suitable for use as petrol substitutes,
and during the period of six months commencing on the first day of
July One thousand nine hundred and thirty-six a sum equivalent to (e) of the aggregate of the following
amounts namely—
(i) so much of the duties of customs payable
and collected under the Tariff Item specified in paragraph (a) of this
sub-clause in respect of the goods specified in that paragraph as shall be
equal to 2
d. per gallon of all of these goods which shall be entered
for home consumption during the said period of six months; and
(ii) so much of the duties of excise payable
and collected under the Tariff Item specified in paragraph (b) of this sub-clause in respect of the
goods specified in that paragraph as shall be equal to 1
d. per gallon of all of these goods which shall be entered
for home consumption during the said period of six months.
“(2.)
All the said sums will be paid by the Commonwealth into a Trust Account
established for the purpose under section 62a of the Audit Act 1901-1926 of the Commonwealth.
“(3.)
Payments will be made monthly to the State out of the moneys for the time being
in the said Trust Account.
“ 4. (1.) The
Commonwealth shall in each year during the said period of five years and also
during the said period of six months commencing on the first day of July One
thousand nine hundred and thirty-six withdraw from moneys in the said Trust
Account and pay into the Sinking Fund hereinafter mentioned an amount equal to
Three pounds per centum (£3%) per annum accruing from day to day on so much of
the moneys which have been provided by the State for the purposes of this
Agreement as have been provided from loan moneys.
“(2.)
The State shall on the thirty-first day of December (or on such other date as
may be agreed upon between the Commonwealth and the State) in each year after
the expiration of the said periods of five years and six months pay into the
said Sinking Fund an amount equal to Two pounds ten shillings per centum (£2
10s. %) per annum accruing from day to day on the amount of loan moneys which
have been provided by the State for the purposes of this Agreement until the
amounts paid into the Sinking Fund under this Agreement and any amendment of
this Agreement in respect of such loan moneys together with the Sinking Fund
contributions in respect of such loan moneys provided for by the Agreement set
forth in the Schedule to the Financial
Agreement Validation Act 1929 of the Commonwealth and in the Schedule to
the (here insert the title of the State Statute approving the Financial
Agreement) of the State and validated and approved by these Acts are sufficient
to provide for the redemption of the said loan moneys. For the purposes of this
clause the said payments and contributions shall be deemed to accumulate at the
rate of four and a half per centum (4
per cent.) per annum
compounded.
“(3.)
The Sinking Fund hereinbefore referred to is the National Debt Sinking Fund
established under the National Debt
Sinking Fund Act 19231930 of the Commonwealth or any amendment thereof or
any Sinking Fund established in lieu thereof and all moneys paid into such Fund
shall be applied as if they were Sinking Fund contributions paid under the
Agreement last aforesaid in respect of the Public Debt of the State.”.
4.(1.)
The variations of the Principal Agreement made by this Agreement shall take
effect on the first day of July One thousand nine hundred and thirty-one.
(2.)
Upon such variations taking effect the State shall be freed and discharged from
liability to provide under clause 3 of the Principal Agreement any further
moneys than have been actually provided by it under that clause at that date.
(3.)
If the State prior to such variations taking effect shall have expended any of
the moneys paid to the State under the Principal Agreement or any of the moneys
provided by the State under that Agreement on the maintenance of roads instead
of on the construction or reconstruction of Federal Aid roads the expenditure
on the maintenance of roads shall be deemed to have been authorized by the
Principal Agreement and the State shall not be under any liability to the
Commonwealth for so doing.
(4.)
If at the time upon which such variations shall take effect any moneys shall be
in the Trust Account mentioned in the Principal Agreement payments will be made
to the State out of these moneys in such amounts and at such times as the
Minister may from time to time determine.
5. All moneys paid to the State under this Agreement
or under the Principal Agreement as varied by this Agreement will be expended
upon the construction reconstruction maintenance or repair of roads.
6. All Minister may satisfy himself by such means as
he thinks fit as to whether the moneys paid to the State under this Agreement
or under the Principal Agreement as varied by this Agreement have been expended
as provided for in the last preceding clause.
7. The expression “the Minister” in this Agreement
has the same meaning as that expression has in the Principal Agreement.
In Witness
&c.—
(a)
Here insert in the case of— |
New South Wales.................................................................................................................
| £5,520,000 |
Victoria..................................................................................................................................
| 3,600,000 |
Queensland...........................................................................................................................
| 3,760,000 |
South Australia.....................................................................................................................
| 2,280,000 |
Western Australia.................................................................................................................
| 3,840,000 |
Tasmania...............................................................................................................................
| 1,000,000 |
(b) Here insert in the case of— |
New South Wales.................................................................................................................
| £552,000 |
Victoria..................................................................................................................................
| 360,000 |
Queensland...........................................................................................................................
| 376,000 |
South Australia.....................................................................................................................
| 228,000 |
Western Australia.................................................................................................................
| 384,000 |
Tasmania ..............................................................................................................................
| 100,000 |
(c) Here insert in the case of— |
New South Wales.................................................................................................................
| £4,140,000 |
Victoria..................................................................................................................................
| 2,700,000 |
Queensland...........................................................................................................................
| 2,820,000 |
South Australia.....................................................................................................................
| 1,710,000 |
Western Australia.................................................................................................................
| 2,880,000 |
Tasmania ..............................................................................................................................
| 750,000 |
(d) Here
insert in the case of— |
New South Wales.................................................................................................................
| £517,500 |
Victoria..................................................................................................................................
| 337,500 |
Queensland...........................................................................................................................
| 352,500 |
South Australia.....................................................................................................................
| 213,750 |
Western Australia.................................................................................................................
| 360,000 |
Tasmania...............................................................................................................................
| 93,750 |
(e) Here insert in the case of— |
New South Wales.................................................................................................................
| 552/2000ths. |
Victoria..................................................................................................................................
| 360/2000ths. |
Queensland...........................................................................................................................
| 376/2000ths. |
South Australia.....................................................................................................................
| 228/2000ths. |
Western Australia.................................................................................................................
| 384/2000ths. |
Tasmania...............................................................................................................................
|