Federal Aid Roads Agreement Approval Act (Further Agreement) Act of 1936 (1 Geo Vi No. 3) (Qld)

16340 ROADS. Fcderal, Etc. (F'urthu Agreement), Act. 1 GEO. VI. No. 3, 3. Subject to the variations made by this Agreement, the " Principal Agreement" as varied by the " Amending Agreement" shall be of full force and effect. IN WITNESS WHEREOF the Prime .Minister of the Commonwealth and the Premier of the State have hereunto set their hands the day and year first above written. SIGNED by The Right Honourable JOSEPH "1 ALOYSIUS LYONS, the Prime Minister I of the Commonwealth, for and on>- behalf of the Commonwealth in the! presence of- J IRVINE DOUGLAS. J. A. LYONS. SIGNED by The Honourable WILLIAMI FORGAN SMITH, the Premier of the I J r State of Queensland, for and on l W. FORGAN SYUTH. behalf of the State in the presence of- G. W. WATSON. 1 G ::\ E "0 O . . 3V. I. An Act to Authorise the Execution by the State of THE FEDERAL Am ROADS AGREEMEXT ApPROVAL ACT (FURTHER AGREE:VIEKT) ACT OF 1936. Queensland of a Draft Further Agreement between the Commonwealth of Australia and the State of Queensland in relation to the Construction, Reconstruction, Maintenance, or Repair of Federal Aid Roads in the said State, and to Approve, Adopt, Authorise, and Ratify the said Further Agreement as Finally Made and Executed between such Parties, and for other purposes. Preamble, [ASSENTED TO 17TH DECEMBER, 1936.] W· HEREAS, lJY an Agreement in the form contained in the Schedule to the * FederalAidRoadsAct1926 of the Commonwealth and made on the second day of July, one thousand nine hundred and twenty-six, between the Commonwealth and the State (which Agreement was approved, adopted, authorised, and ratified by t"The Federal Aid Roads Agreement Approval Act of 1926" of the State, and is hereinafter called the - - - - - - ~ ~ ~ ~ ~ - - ~ ~ ~~ ~ ~ ~ ~ - - ~ ~ ~ ~ ~ - * Comrnonwpalth Act No. 46 of 1926. t 17 Geo. V. No. 7, .supra, page ll703.

ROADS. 19:36. ]i1 ederal, Etc. (Further Agreement), Act. " Original Agreement "), it was agreed (inter alia) that the Commonwealth would subject to and for the purposes of the Agreement provide the sum therein mentioned durin~ thA period of tpn years commencing on the first day of July, one thousand nine hundred and twenty-six, and that subject as therein mentioned the State would provide the additional sum therein mentioned for the purposes of the Agreement : And whereas the Original Agreement was varied by two Amending Agreements as follows, namely :- (a) An Agreement in the form contained in the Schedule to the * Federal A£d Roads Act 1931 of the Commonwealth and made on the eighteenth day of August, one thousand nine hundred and thirty-one, between the Commonwealth and' the State, which Agreement was approved, adopted, authorised, and ratified by t"The Federal Aid Roads Agreement Approval Act (Var'iation of Agreement) Approval Act of 1931" of the State and varied the Original Agreement and extended it for the period of six months from the first day of July, one thousand nine hundred and thirty-six; and (b) An Agreement in the form contained in the Schedule to the tFederal Aid Roads Act 1936 of the Commonwealth and made on the twenty-eighth day of October, one thousand nine hundred and thirty-six, between the Commonwealth and the State, which Agree- ment was approved, adopted, authorised, and ratified by §"The Federal Aid Roads Agreement Approval Act (Variation of Agreement) AppromZ Act of 1936" of the State, and extended the Original Agreement as varied by the Amending Agreement aforesaid for six months from the first day of January, one thousand nine hundred and thirty-seven: And whereas it is proposed that the Commonwealth and the said State shall enter into a Further Agreement * Commonwealth Act No. 22 of 1931. "1 22 Geo. V. No. 20, supra, page 13878. t Commonwealth Act No. 63 of 1936. § 1 Eelw. VIII. No. 27, supra, page 16336. 163'41

16342 ROADS. Federal, Etc. (Ftlrther Agreement), Act. 1 GEO. VI. No. 3, Short title and construc· tion. Collective title. for a further period of ten years commencing on the first day of July, one thousand nine hundred and thirty- seven: And whereas the draft of the proposed Further Agreement is set forth in the Schedule to this Act; And whereas it is provided in such Draft Agreement that such Agreement shall have no force or effect and shall not be binding on either party unless and until it is authorised or approved by the Parliaments of the Commonwealth and of this State: And whereas it is desirable that the execution by the State of Queensland of the said Draft Agreement be authorised, and also that the said Agreement should be approved, adopted, authorised, and ratified, subject to any amendments, alterations, additions, or modifications made therein which may be adopted and agreed to by the parties thereto before such Draft Agreement is finally made and executed- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority ofthe same, as follows ;-. 1. This Act may be cited as "The Federal Aid Roads Agreement Approval Act (Further Agreement) Act of 1936," and shall be read as one with *"The Federal Aid Roads Agreement Approval Acts, 1926 to 1936," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Federal A1:d Roads Agreements Approval Acts, 1926 to 1936." ~ uthorisa. 2. (1.) The execution by or on behalf of the State ~ ~~ ~ ! ion of of Queensland of the Draft Agreement between the Draft Commonwealth of Australia and the State of Queensland Agreement. (a copy of which Draft Agreement is set forth in the Schedule. Schedule to this Act) is hereby authorised. Approval (2.) On the signature by the parties thereto of the :~ t~ cation said Draft Agreement (including any amendments, of Executed alterations, additions, or modifications (if any) made in Agreement. such Draft Agreement and adopted and agreed to by the parties thereto) the Agreement as thus finally agreed upon and made and executed by the parties thereto is approved, adopted, authorised, and ratified. * 17 Geo. V. No. 7, 22 Geo. V. No. 20. 1 Edw. VIII. No. 27, and this Act, supra, pages 11703, 13878, 16336, and 16340.

ROADS. 16343 1936. Federal, Etc. (Fnrther Agreement), Act. (3.) The Agreement, as finally agreed upon and made Executed and executed by the parties thereto, shall be published tg~ ~ ement by the Governor in Council by Proclamation published published in in the Gazette, and shall upon such publication have the 7: ~ : ~ ~ eand force of law and shall be valid and effectual for all force of law. purposes whatsoever and shall be obeyed and shall be judicially noticed. 3. The moneys to. be received under the Agreement Application as finally approved and executed shall in the first of moneys. instance be paid to the credit of the Main Roads Fund constituted under the provisions of *"The Main Roads Acts, 1920 to 1934," at the Treasury, and for the purposes of such Agreement that portion of the moneys received pursuant to subclause two of clause two of the said Agreement which may not be utilised for the construction, reconstruction, maintenance, and repair of roads shall be disbursed from such Fund in such a manner and at such time as may be from time to time directed by the Governor in Council by Order in Council published in the Gazette. SCHEDULE. DRAFT. AGREEMENT made the day of one thousand nine hundred and thirty BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this Agreement called" the Commonwealth ") and THE STATE OF QUEENSLAND (in this Agreement called "the State") : WHEREAS by an Agreement in the form contained in the Schedule to the FederalAid RoadsAct1926 of the Commonwealth and made on the second day of July, one thousand nine hundred and twenty-six, between the Commonwealth and the State (which Agreement was approved, adopted, authorised, and ratified by "The Federal Aid Roads Agreement Approval Act of 1926" of the State and is hereinafter called the "Original Agreement") it was agreed (inter alia) that the Commonwealth would subject to and for the purposes of the Agreement provide the sum therein mentioned during the period of ten years commencing on the first day of July, one thousand nine hundred and tv,enty-six, and that subject as therein mentioned the State would provide the additional sum therein mentioned for the purposes of the Agreement: AND WHEREAS the Original Agreement was varied by two Amending Agreements as follows, namely:- (a) An Agreement in the form contained in the Schedule to the FederalAidRoadsAct1931 of the Commonwealth * 10 Geo. V. No. 26 and amending Acts, supra, pageq 9265 et seq. Set-. Alphabetical Table.

16344 ROADS. J'ederal, Etc. (Pllrther Agreement), Act. 1 GEO. VI. No. 3, and made on the eighteenth day of August, one thousand nine hundred and thirty-one, between the Commonwealth and the State, which Agreement was approved, adopted, authorised, and ra,tified by "The Federal Aid Roads Agreement Approval Act (Variation of Agreement) Approval Act of 1931" of the State and varied the Original Agreement and extended it for the period of six months from the first day of JulY, one thousand nine hundred and thirty-six; a"nd " (b) An Agreement in the form contained in the Schedule to- the FederalAidRoadsAct1936 of the Commonwealth and made on the twenty-eighth day of October, one thousand nine hundred and thirty-six, between the Commonwealth and the State, which Agreement was approved, adopted, authorised, and ratified by "The Federal A id Roads A greement Approval Act (Varia,tion of Agreement) Appmm! Act of 1935" of the State and extended the Original Agreement as varied by the Amending Agreement aforcsaid for six months from the first day of January, one thousand nine hundred and thirty-seven: AND WHEREAS the Commomvealth proposes to make available to the several States for the purposes hereinafter mentioned the amonnts hereinafter mentioned in each year during the period of ten years commencing on the first day of July, one thousand nine hundred and thirty-seven: AND WHEREAS the Commonwealth proposes to distribute the said amounts between the several States on the following basis,. namely, five per centum to the State of Tasmania, and ninety-five per centum be~ween the several States (excluding Tasmania) as to- three-fift.hs of such ninet,y-five per centuID, according to their respective populations as at the thirtieth day of June, one thousand nine hundred and thirty-six, and as to two-fifths of such ninety.five per centum according to their respective areas: 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 authorised Ol'approved hy the Parliaments of the Commonwealt11 and of the State. 2. (1.) Thc Commonwealth will suhject to this Agreement and for the purposes mentioned in subclause one of clause four of t,his Agreement provide in each year during the period of ten years commencing on the first day of July, one thousand nine hundred and thirty-seven, ~ t sum equivalent to 191/1000ths of the aggregate of the following amounts, namely:- (a) So much of the duties of customs payable and collected under the Tariff Items [lpecified in this paragraph in respect of the goods specified in t,his paragraph as shall be equal to 2!d. per gallon of all those goods which shall be ent,ered 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 CustomsTariff 1933- 1936 or under that Tariff Item as amended or proposed

ROADS. 1936. Federal, Etc .. (Furthcr Agreement), Act. to be amended during the continuance of this Agreement in respect of petroleum and shale products, viz. : Naphtha, benzine, benzoline, gasoline, pentane, petrol, and any 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 ltd. per gallon of all those 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 Tariff1921- 1936 or under that Tariff Item as amended or proposed to be amended during the continuance of this Agreement in respect of- (A) Petroleum or shale products, viz.: Petrol, benzine, benzoline, gasoline, naphtha, pentane, and any other petroleum or shale spirit as described in that Item; (B) Petroleum or shale distillates, viz.: Turpentine substitutes; and (C) Coal tar and coke oven distillates (including benzol) suitable for use as petrol substitutes as described in that Item. (2.) The Commonwealth will subject to this Agreement and for the purposes mentioned in subclause two of clause four of this Agreement provide in each year during the period of ten years last aforesaid a sum equivalent to 191/1000ths 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 paragraph (a) of subclause one of this clause in respect of the goods specified in that paragraph as shall be equal to td. per gallon of all those goods which shall be entered for home consumption during that year; and (b) So much of the duties of excise payable and collected under the Tariff Item specified in paragraph (b) of subclause one of this clause in respect of the goods specified in that paragraph (other than benzol) as shall be equal to td. per gallon of all those goods which shall be entered for home consumption during that year. (3.) All the sums provided under subclauses one and two of this clause will be paid by the Commonwealth into a Trust Account established for the purpose under Section 62A of the Audit Act 1901- 1934. (4.) Payments will be made monthly to the State out of the moneys for the time being in the said Trust Account and the Minister shall when each payment is made notify the State of the portions {)f the payment which are made from the sums provided under subclauses one and two of this clause respectively. 16345

16346 ROADS. Federal, Etc. (]flurther A_greement), Act. 1 GEO. VI. No. 3, 3. (1.) The _Commonwealth will in each year during the period of ten years last aforesaid withdraw from moneys in the said Trust Account and pay into the Sinking Fund an amount equal to two pounds ten shillings per centum (£2 lOs. per cent.) per annum accruing from day to day on so much of the moneys which have been provided by the State for the purp08flS of the Original Agreement as have been provided from loan moneys. (2.) The State will on the thirty-first day of DecE'mber (or on such other date as may be agreed upon between thc Commonwealth and the State) in each year after the expiration of the period of ten years last aforesaid pay into the Sinking Fund an amount equal to two pounds ten shillings per centum (£2 lOs. per cent.) per annum accruing from day to day on the amount or loan moncys which have been provided by the State for the purposes of the Original Agreement until the amounts paid into the Sinking Fund under the Original Agreement as varied as aforesaid and 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 Financial Agreement are sufficient to provide for the redemption of the said loan moneys. For the pl~rposes 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.) pcr annum .compounded. (3.) The Sinking Fund hereinbefore referred to is the National Debt Sinking Fund established under the National Debt Sinking Fnnd Act 1923-1934 of the Commonwealth or anv amendment thereof or any Sinking Fund established in lieu thereof ind all moneys paid into such funds shall be applied as if they were Sinking Fund contributions paid tmder the Financial Agreement in respect of the Public Debt of the State. . (4.) The Financial Agreement hereinbefore referred to is the Agreement set forth in the Schedule to the FinancialAgreementValidationAct1929 of the Commonwealth and in the Schedule to "The Commonwealth and States Financial Agreement Ratification Act of 1927" of the State and validated and approved by those Acts. (5.) Subclause two of clause four of the Original Agreement as varied as aforesaid shall cease to have effect upon the first day of July, one thousand nine hundred and thirty-seven. 4. (1.) All moneys paid to the State from the sums provided under subclause one of clause two of this Agreement shall be expended upon the construction or reconstruction maintenance or repair of roads. (2.) All moneys paid to the State from the sums provided under subclause two of clause two of this Agreement shall be expended upon the construction reconstruction maintenance or repair of roads or other works or upon forestry as the State may think fit. 5. (1.) Whenever so required by the Minister the State will to the satisfaction of the Minister make provision fgr the proper reconstruction maintenance and repair to a standard necestlary to meet the requirements of the Commonwealth and other traffic using such roads, or main roads adjoining or of approach to properties of the Commonwealth within the State.

ROADS. ]936. Federal, Etc. (Further Agreement), Act. (2.) The State shall not be required to make any provision under this clause with respect to roads within the boundaries of properties of the Commonwealth. (3.) In this clause" properties of the Commonwealth" i'1cludes establishment works and activities of the Commonwealth. 6. Any notice requirement or other communication to be given or made by the Commonwealth or the Minister to the State under this Agreement shall be deemed to have been duly given or made if signed by or on behalf of the Minister and delivered by hand or sent by prepaid post addressed to thc Secretary for Public Works at his office in Brisbane. 7. In this Agreement "the Minister" means the Minister of State of the Commonwealth for the Interior for the time being and includes any Minister of Stat.e of the Commonwealth or member of the Federal Executive Council for the time being acting for and on behalf of the Minister. TN WITNESS, &0. 16347 SA \iVMILLS, LICENSING OF. See LANDS (2). SHEEP HOLDINGS RELIEF. See LANDS (1). STATUTES REPRINT. See ACTS.