Federal Aid Roads Agreement Approval Act (Variation of Agreement) Approval Act of 1930 (21 Geo v No. 8) (Qld)

13100 ROADS. Pedeml Aid Roads, Etc., Approval Act. 21 GEO. V. No. 8, ROADS. 21 ~ ~ o8. V .• An Act to Approve, Adopt, Authorise, and Ratify a THE further Agreement made between the Com- L~ D~ ~ ~ ~ R monwealth of Australia and the State of ~ o: r~ ~ ~ ~ ~ T Queensland in relation to the Construction ACT (VARIA. TION OF AGREEMENT) ApPROVAL ACT OF 1!l30. . and Reconstruction of Federal Aid Roads in the State of Queensland. J [ASSENTED TO 25TH SEPTEMBER, 1930. Prea.mble. W HEREAS, pursuant to the provisions of *" The Federal Aid Roads Agreement Approval Act of 1926," an Agreement (in this Act referred to as the "Principal Agreement") made on the second day of July, one thousand nine hundred and twenty-six, a copy whereof is set forth in the Schedule to such last- mentioned Act, between the Commonwealth of Australia and the State of Queensland in relation to the con- struction and reconstruction of Federal Aid Roads in the said State was approved, adopted, authorised, and ratified by the Parliament of the said State: Sohedule. And whereas, subject to the approval, adoption, authorisation, or ratification by the Parliaments of the Commonwealth and the State of Queensland, an Agreement was made and entered into on the sixth day of August, one thousand nine hundred and thirty, between the Commonwealth and the State of Queensland varying the "Principal Agreement" aforesaid, a copy of which Agreement so varying the " Principal Agreement" is set forth in the Schedule to this Act: And whereas it is provided in the said Agreement dated the sixth day of August, one thousand nine hundred and thirty, that such Agreement shall have no force or effect, 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. And whereas it is desirable that the said Agreement of the sixth day of August, one thousand nine hundred * 17 Geo. V. No. 7, supra, page 11703.

1930. ROADS. Federal Aid Roads, Etc., .flpproval Act. 13101 and thirty (varying the" Principal Agreement") should be approved, adopted, authorised, and ratified by an Act of the Parliament of Queensland. Be it therefore enacted by the Kjng'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 (Variation of Agreement) ::-struction. Approval Act of 1930," and shall be read as one with *" The Federal Aid Roads Agreement Approval Act of 1926," herein referred to as the Principal Act. The Principal Ac.t and this Act may collectively be cited as "The Federal Aid Roads Agreement Approval Acts, 1926 to 1930." 2. The Agreement made on the sixth day of August, Approval of one thousand nine hundred and thirty, between the ! rg~ ~ ~ ment Prime Minister of the Commonwealth of Australia and August, the Premier of the State of Queensland (varying the !~ ~ ~~ ring in "Principal Agreement"), a copy whereof is set forth in the S.chedule the Schedule to this Act, is hereby approved, adopted, to this Act. authorised, and ratified; and all Acts, matters, and Schedule. things done or performed under or pursuant to the said Agreement hereby approved, adopted, authorised, and ratified prior to the passing of this Act, or to be done or performed under or pursuant to the said Agreement after the passing of this Act, are hereby approved, adopted, authorised, and ratified, and are and shall be valid and effectual for all purposes whatsoever. 3 All the provisions of the Principal Act and the Princip~ l "Principal Agreement" (as varied by the Agreement ! c~ : ~ ~ J~ ~ ! contained in the Schedule to this Act), shall continue to this ~ ct in full force and effect. • ~ In o fcoornctem. ue Provided that the variations of the" Principal Agreement" (which variations are set forth in the Schedule to this Act), shall take effect as from and including the twenty-second day of February, one thousand nine hundred and thirty, but shall not affect any matter that arose or any right, obligation, Or liability, acquired, accrued, or incurred under the * 17 Geo. v. No. 7, supra, page 11703.

13102 ROADS. Federal Aid Roads, Etc., Approval Act. 21 GEO. Y. No. 8, "Principal Agreement" prior to the twenty-second da.v of February, one thousand nine hundred and thirty, or any power or function of the Minister (as defined in the "Principal Agreement"), or any remedy in respect of allY such matter, right, obligation, or liability, and any such power or function or remedy may be exercised or Anforced as if the "Principal Agreement" had not been varied. SCHEDULE. Agreement madc the Sixth day of August 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 *Federal Aid Roads Act 1926 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" 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 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 of 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 thc 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 (£2,820,000) for the purposes of this Agreement. (2.) The said sum of Two million eight hundred and twenty thousand pounds (£2,820,000) 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 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. * No. 46 of 1926 (Commonwealth), Vo!. XXIV., page U7. t 17 Geo. V. No. 7, 8upm, page 11703.

ROADS. 1930. Federal Aid Roads, Etco, ApPl'(1)(1l Act. 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 ]'und hereinafter mentioned an amount equal to Three pounds per centum (£3%) per annum accruing from day to day on the amount of Ivan TYlJ)lleys 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 Debt Sinking FundAct1923-1925 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. (50) 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 t FinancialAgreement Act1928 of the Commonwealth and in the Schedule to t" The Commonwealth and States Financial Agreement Ratification Act of 1927" 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 contri- butions 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: * No. 5 of 1923, No. 6 of 192t, No. 3 of IH23 (Commonwealth). Vols. XXi., page 12; XXII., page 11; XXIII., page 3. t Xo. I) of 1928 (Commonwealth), Vol. XXVI., page 18. t 18 Goo. V. ::\0.22, supra, p~ge 1185l. ]3103

13104 ROADS. ------------ Federal Aid Roads, Etc., A_pproval Act. 21 GEO. V. No. 8, 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 Le 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. 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 'uy this Agreement shall continue in full force and effect. 3. THE Principal Agreement shall be read and construed as if- (a) Clauses 2, 3, and 4 were deleted therefrom 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 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 and the sum of One hundred and eighty-eight thousand pounds (£188,000) during the period of six months commencing on the First day of July One thousand nine hundred and thirty-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 *Audit Act 1901-1926 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 and the said sum of One hundred and eighty-eight thousand pounds (£188,000) will be paid by the Commonwealth into the said Trust Account during the said period of six months commencing on the first day of July One thousand nine hundred and thirty-six. (3.) Payments will be made monthly to the State out of the moneys for the time being in the said Trust Account. * Audit (Commonwealth) Acts 1901 to 1924, Vo!. XXIII., page 63; Audit (Commonwealth) Act of 1926, Vo!. XXIV., page 61.

ROADS. 1930. Federal Aid Roads, Etc., Approval Act. .4 (1.) The Commonwealth shall in each year during the said period of ten 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 provided by the State for the purposes of this Agreement as is 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 ten years and ~ ix months pay into the said Sinking Fund an amount equal to Two pounds ten shillings per centum per annum accruing from day to day on the amount of loan moneys 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 Agree- ment Act 1928 of the Commonwealth and in the Schedule to t" The Commonwealth and States Financial Agreement Ratification Act of 1927 " of the State and approved of by those 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 (4t%) per annum compounded. (3.) THE Sinking Fund hereinbefore referred to is the National Debt Sinking Fund established under the tN ational Debt Sinking Fund Act 1923-1929 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; " and (b) Clauses 5 to 12 (both inclusive) were deleted therefrom. 4. (1.) As varied by this Agreement the Principal Agreement shall continue in full force and effect. (2.) The variations of the Principal Agreement shall take effect as from and including the Twenty-second day of February One thousand nine hundred and thirty but shall not affect any matter that arose or any right obligation or liability acquired accrued or incurred under the Principal Agreement prior to the Twenty-second day of February One thousand nine hundred and thirty or any power or function of the Minister or any remedy in respect of any such matter right obligation or liability and any such power or function or remedy may be exercised or enforced as if the Principal Agreement had not been varied : (3.) It shall be accepted that during the period commencing on the First day of July One thousand nine hundred and twenty-six * No. 5 of 1928 (Commonwealth), Vol. XXVI., page 18. t 18 Geo. V. No. 22, supra, page 11851. t No. 5 of 1923, No. 6 of 1924, and No. 3 of 1925 (Commonwealth), Vols. XXI., page 12; XXII., page 11 ; and XXIII., page 3. 13105

1:310\3 ROADS. Federal Aid Roads, Etc., Approval Act. 21 GEO. V. No. 8, 1930. and ending on the Twenty-first day of February One thousand nine hundred and thirty the Commonwealth provided the sum of One million three hundred and seventy-one thousand one hundred and twelve pounds (£1,371,112) for the purposes of the Principal Agree- ment and that subject to this Agreement the extent of the financial obligations and liabilities of the State accrued and incurred under the Principal Agreement prior to the Twenty-second day of February One thousand nine hundred and thirty is to be measured according to the sum so provided by the Commonwealth and on the basis that that sum is the sum that the Commonwealth was bound by the Principal Agreement to provide during the lastmentioned period. 5. ALL moneys paid to the State under the Principal Agreement as varied by this Agreement will be expended upon the construction rcconstruction maintenance or repair of roads. 6. THE Minister may satisfy himself by such means as he thinks as to whether the moneys paid to the State under the Principal Agree- ment 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 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 James'1 r Henry Scullin the Prime Minister of I the Commonwealth for and on behalf (Sgd.) of the Commonwealth in the I presence of j (Sgd.) W. H. BALE. J. H. SCULLIN. SIGNED by the Honourable Arthur) Edward Moore the Premier of the, State for and on behalf of the State )r in the presence of- (Sgd.) G. W. WATSON. (Sgd.) A. E. l\-100RE. SALARIES, REDUCTION OF. See PVBLIC SERVICE. SCAFFOLDING INSPECTION. See LABOUR. SEA CARRIAGE OF GOODS. See SHIPPING.