Federal Aid Roads Agreement Approval Act of 1926 (17 Geo v No. 7) (Qld)

ROADS. 17 GEO. V. No. 7,1926. Federal Aid Road. ~ Aqreem'nt Approval Act. 11703 ROADS. An Act to Approve, Adopt, Authorise, and Ratify an 17 Geo. V. Agreement made between the Commonwealth ~~ ~. of A~ stralia and the State of Queensland in A~ : D~ ~ ~ s relatIOn to the Construction and Recon- AGREEMENT structlO . n 0 f F e d era1 AI·d Roads · In t h eACATpPORFO 1 V 9 A 2 L 6. © State of Queensland, and for other incidental purposes. [ASSENTED TO 16TH OCTOBER, 1926.] W HEREAS, subject to the approval, adoption, Preamble. authorisation, or ratification by the Parliaments of the Commonwealth and the State of Queensland, an Agreement was made and entered into on the second day of July, one thousand nine hundred and twenty-six, between the Commonwealth and the State of Queens- land in relation to the construction and reconstruction of Federal Aid Roads within Queensland, a copy of which Agreement is set forth in the Schedule to this Act: Schedule. And whereas it is desirable that the said Agreement should be approved, adopted, authorised, and ratified by an Act, of the Parliament of Queensland : 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 of the same, as follows :- 1. This Act may be cited as "The Federal Aid Short title. Roads Agreement 'Approval Act of 1926." 2. The Agreement made on the second day of July, Approval of one thousand nine hundred and twenty-six, between the Agreement. Prime Minister of the Commonwealth of Australia and the Premier of the State of Queensland, a copy whereof is set forth in the Schedule to this Act, is her~ by approved, Schedule. adopted, authorised, and ratified, and shall be deemed to have come into operation on and from the first day of July, one thousand nine hundred and twenty-six; and all acts, matters, or things done or performed under or pursuant to the said Agreement prior to the passing of this Act are approved, adopted, authorised, and ratified, and are and shall be valid and effectual for all purposes whatsoever. L

11704 ROADS. Federal Aid Roads Agreement Approval Act. 17 GEO. V. No.7 r SCHEDULE. Agreement made the Second day of July One thousand nine hundred and twenty-six between The Commonwealth of Australia (in this Agreement called "the Commonwealth") and the State of Queensland (in this Agreement called "the State") : Whereas the Commonwealth proposes to make available to the different States for the purpose of the construction and reconstruc- tion of certain roads to be designated "Federal Aid Roads" the total sum of Two million pounds (£2,000,000) in each year for a period of ten years: And whereas the Commonwealth proposes to distribute the said sum of Two million pounds (£2,000,000) between the different States on the basis of three-fifths population and two-fifths area: And whereas in pursuance of such proposal the Commonwealth has agreed to make available to the State the sum of Three million seven hundred and sixty thousand pounds (£3,760,000) during a period of ten years for the purpose of the construction and reconstruction of Federal Aid Roads in the State of Queensland upon and subject to the terms and conditions of this Agreement: Now it is hereby agreed as follows:- 1. This Agreement shall have no force or e,ffect and shall not be binding on either party unless and until it is approved adopted authorised or ratified by the Parliaments of the Commonwealth and of the State. 2. (1.) The Commonwealth will subject to and for the purposes of this Agreement provide the sum of Three million seven hundred and sixty thousand pounds (£3,760,000) 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 Three million seven hundred and sixty thousand pounds (£3,760,000) will be paid by the Commonwealth into a Trust Account established for the purpose under Section 62A of the AuditAct1901-1924 of the Commonwealth by payments into such account of the sum of Three hundred and seventy-six thousand pounds (£376,000) 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 seven of this Agreement the State will provide an additional sum of. Two million eight hundred and twenty thousand pounds. (£2,82P,000) for the purposes of this Agreement. . (2.) Thesaid$1Wi, QfJrwo IAillion eight hundred and twenty thousand pounds, ( f2. 820~ OOO) ,sl}./111 be provided by the State in or instalments at the rate' Fifteen shillings (15s.) for each One pound sterling paid to the State out of the said Trust Account.

1926. ROADS. Federal Aid Roads Agreement Approval Act. (3.) Of the amount to be provided by the State under this clause the sum of Three hundred and fifty-two thousand five hundred pounds (£352,500) 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 subclause 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 DebtSinking Fund Act 1923-1925 of the Commonwealth or any amend- ment 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 averagc 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. 5. For the purposes of this Agreement the following classes of roads shall be deemed to be Federal Aid Roads:- (i.) Main roads which open up and develop new country; (ii.) Trunk roads between important towns; and (iii.) Arterial roads to carry the concentrated traffic from developmental, main, trunk, and other roads. 6. (1.) All moneys paid to the State under this Agreement and all moneys provided by the State under this Agreement shall be expended solely on the construction and reconstruction of :H'e.1ual Aid Roads. (2.) Onc-fourth of the moneys paid to the State under this Agreement and one-fourth of the moneys to be provided by the State under this Agreement shall be expended solely on the construction of Federal Aid Roads. 11705

11706 ROADS. Federal Aid Roads Agreem.ent Approval Act. 17 GEO. V. No. 7, (3.) The Minister shall have the power to decide from time to time how the balance of the m'Oneys paid to the State under this Agreement and the balance of the moneys to be provided by the State under this Agreement shall be expended but so that such moneys shall be expended solely in the construction of Federal Aid Roads and/or the reconstruction of Federal Aid Roads. 7. (1.) Where a road being constructed or being reconstructed under this Agreement passes through a town whose P'OPulation (according to the latest statistics available at the time the work is being done) does not exceed Five thousand (5,000) persons such road may be constructed thr'Ough the town or reconstructed (as the case may be) as if the town did not exist PrDvided that the width 'Of any road cDnstructed 'Or recDnstructed thrDugh a tDwn pursuant to this clause shall not except with; the approval in writing 'Of the Minister exceed twenty feet. (2.) If any portion 'Of the cost of constructing or recon- structing a rDad pursuant tD this Agreement is cDntributed by the Municipal 'Or other IDcal governing authority 'Of a tDwn referred tD in the last preceding subclause the amount to be prDvided by the State under clause three 'Of this Agreement shall be reduced by the amDunt SD contributed: PrDvided h'Owever that the State shall not require any such municipal 'Or 'Other local gDverning authority to cDntribute more than 'One-half 'Of the amDunt tD be prDvided by the State as its prDpDrtiDn of the cost 'Of cDnstructing 'Or reconstructing such rDad. 8. (1.) The State shall tD the satisfaction 'Of the Minister make prDper .provisiDn for the adequate and continuDus main- tenance in gDDd repair and CDndition ·Df all rDads cDnstructed 'Or reconstructed in pursuance 'Of this Agreement. Such maintenance shall be taken in hand immediately fDllDwing upon the cDmpletiDn 'Of the cDnstructiDn 'Or rec'OnstructiDn 'Of any rDad 'Or pDrtiDn thereof and shall be met frDm moneys provided by the States. (2.) If any such road is not adequately and continuously maintained in good repair and condition to the satisfaction 'Of the Minister the State shall not (if the Minister so directs) be entitled to payment of any further moneys out of the said Trust ACC'Ount until the road has been put in good repair and condition to the satisfaction of the Minister and until proper provision to the satisfaction of the Minister has been made by the State for the road being adequately and continuously maintained in g'Ood repair and condition. 9. (1.) Prior to the submission by the State 'Of any proposals for expenditure of any moneys provided by the Comm'Onwealth and the State in pursuance 'Of this Agreement the State shall submit to the Minister for his approval full particulars of the roads proposed tD be constructed or reconstructed during the period of five years commencing on the First day of July 'One thDusand nine hundred and twenty-six, and prior to the expiration of the said period of five years the State shall submit to the Minister for his approval full particulars of the roads proposed to be constructed or reconstructed during the period 'Of five years commencing 'On the expiration of the first mentioned period of five years.

ROADS. 1926. Federal Aid Roads Agreement Approval Act. (2.) All proposals in connection with works to be carried out in any financial year in pursuance of this Agreement shall be submitted by the State to the Minister for his approval and the State shall not commence any proposed work without first obtaining the approval in writing of the Minister. (3.) When submitting any such proposals the State shall specify by what method it is proposed the work shall be executed. (4.) The method of execution shall be by contract except that where the Secretary for Public Lands for the State considers that tenders received for the execution of the work are unsatisfactory or that execution by day labour would be more economical and/or expeditious and so informs the Minister the Minister may if he is satisfied that action has been taken by the State to ensure that the work will be carried out according to approved methods of construction in which modern plant is utilised to the fullest extent, approve of the exec'ution of the work in whole or in part by day labour. (5.) If any moneys provided for expenditure during any financial year are not expended during that financial year such moneys may be available for expenditure on the particular work for which they were provided until that work is completed. 10. (1.) All necessary surveys and supervision shall be undertaken by the State. (2.) An amount equal to two per centum of the cost of the work carried out will be paid to the State out of the said Trust Account towards the cost of the survey and supervision of that work and of the preparation of plans and other preliminaries in connection with that work. 11. (1.) The final portion of the Oommonwealth's proportion of the cost of carrying out any work under this Agreement will be paid to the State after the work has been completed to the satisfaction of the Minister. (2.) The Minister may satisfy himself by such means as he thinks fit as to whether any work has been carried out in accordance with this Agreement. 12. The Oommonwealth will establish a Board to be known as the Federal Aid Roads Board consisting of the Minister and a Minister representing each of the different States to which any money is made available in pursuance of the hereinbefore recited proposal of the Oommonwealth. '1'he said Board shall meet in the month of April in each year and at such other times as the Minister considers necessary for the purpose of discussing any matters in connection with the carrying out of the works. 13. The Minister on behalf of the Oommonwealth undertakes that any Regulations necessary or desirable to enable this Agree- ment to be carried out will be made by the Governor-General in Oouncil. 14. Any approval or other communication to be given or made by 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 11707

11708 ROADS.-STAMPS. Stamp Acts Amendment Act. 17 GEO. V. No. 10, Minister and delivered by hand or sent by prepaid post to the Secretary for Public Lands at his office in Brisbane. 15. In this Agreement" the Minister" means the Minister for Works and Railways of the Commonwealth for the time being or the member of the Federal Executive Council for the time being performing the du.ties of the Minister. 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 Honour- able Stanley Melbourne Bruce, Prime Minister of the Commonwealth of Australia for and on (Sgd.) behalf of the Common- wealth in the presence I of- (Sgd.) G. B. COOKE. Signed by The Honourable William McCormack the Premier of the State of (So-d) Queensland for and on o· behalf of the said State in the presence of- (Sgd.) T. A. FERRY. S. M. BRUCE. W. McCORMACK. STAMPS. 17 Goo. V. An Act to further Amend "The Stamp Acts, 1894 No. 10. THE to 1918," in certain particulars. STAMP AcTS AMENDMENT ACT OF 1926. [ASSENTED TO 27TH OCTOBER, 1926.] B E it enacted by the King's Most Excellent Majesty, '. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. This Act may be cited as "The Stamp Acts :~ ~struction Amendment Act of 1926," and shall be read as one with of Act. "The Stamp Acts, 1894 to 1918,"* herein collectively referred to as the Principal Act. * 58 Vie. No. 8 and amending Acts, supra, page 8939• •