Federal Aid Roads Agreement Approval Act (Variation of Agreement) Approval Act of 1931 (22 Geo v No. 20) (Qld)

13878 ROADS. Federal Aid Roads, Etc., Approval Act. 22 GEO. V. No. 20.. REGULATION OF REPORTS IN JUDICIAL PROCEEDINGS. See PRINTING AND NEWSPAPERS. REGULATION OF SUGAR-CANE PRICES. See SUGAR. RELIEF ACTS. See COMMONWEALTH AND STATES-FINANCIAL EMERGENCY ACT" MORTGAGORS' RELIEF IN RESPECT OF INTEREST. See ALSO LANDLORD AND TENANT. See ALSO MORTGAGORS' RELIEF. REPORTS, REGULATION OF JUDICIAL PROCEEDINGS. See PRINTING AND NEWSPAPERS. ROADS. 22 GEO. V. An Act to Approve, Adopt, Authorise, and Ratify a No. 20. THE Further Agreement made between the Com- FEDERAL AID ROADS monwealth of Australia and the State of AGREI,MENT ApPROVAL ACT (VARIATION OF Queensland in relation to the Construction, Reconstruction, Maintenance, or Repair of Federal Aid Roads in the © State of Queensland.. AGRERMENT) ApPROVAL ACT OF 1931. [ASAENTED TO 5TH NOVEMBER, 1931.] "'7'1 Preamble. HEREAS, pursuant to the provisions of "The l'l Federal Aid Roads Ag1'eem.ent Approval Act of 1926," fm 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 vvhereof 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 construction and reconstruction of Federal Aid Roads in the said State was approved, adopted, authoi'ised, and ratified by the Parliament of the said State:

ROADS. 1'3879 1931. Federal Aid Roads, Etc., Approv(tl Act. And whereas, subject to the approva1, 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: 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 the said Agreement of the sixth day of August, one thousand nine hundred and thirty (varying the "Principal Agreement") was approved, adopted, authorised, and ratified by Act of the Parliament of Queensland entitled *" The Federal Aid Roads Agree- ment Approval Act (Variation of Agreement) Act Approval Act of 1930," but such Agreement was not approved, adopted, authorised, and ratified by the Parliament of the Commonwealth, and is therefore of no force and effect and not binding on either party as aforesaid: And whereas, subject to the approval, adoption, authorisation, or ratification by the Parliaments of the Commonwealth and the State of Queensbnd, a further Agreement was made and entered into on the eighteenth day of August, one thousand nine hundred and thirty-one between the Commonwealth of Australia and the State of Queensland varying the "Principal Agreement" aforesaid, being the Agreement set forth in the Schedule to t" The Federal Aid Roads Agreement Approval Act of 1926," a copy of which Agreement so varying such "Principal Agreement" is set forth in the Schedule to Schedule. this Act: And whereas it is provided in the said Agreement dated the eighteenth day of August, one thousand nine hundred and thirty-one, 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 Common- wealth and of the State: * 21 Geo. V. No. 8, 8upra, page 13100. t 17 Geo. V. No, 7, 8upra, page 11703.

13880 ROADS. Federal A'id Roads, Etc., Approval Act. 22 GEO. V. No. 20, And whereas it is desirable that the said Agreement of the eighteenth day of August, one thousand nine hundred and thirty-one (varying the" Principal Agree- ment," being the Agreement set forth in the Schedule to *" The Federal Aid Roads Agreement Approval Act of 1926), 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 ;- Short title 1. This Act may be cited as "The Federal Aid caonndstructI.O- n. Roads Ag . reement Approval Act (Variation 0 ' 1 J ' Agreeme • nt) Approval Act of 1931," 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 Act and this Act may collectively be cited as "The Federal Aid Roads Agreement Approval Acts, 1926 to 1931." Repeal of 2. t" The Federal Aid Roads Agreement Approval 21 Geo. V., Act (Variation of Agreement) Approval Act of 1930" is No. 8. repealed, and shall be deemed to have had no effect whatsoever on the Principal Act or the Principal Agree- ment as set forth in the Schedule to such Principal Act; and the Principal Act and such Principal Agreement shall be deemed to have continued in full force and effect as if t" The Federal Aid Roads Agreement Approval Act (Variation of Agreement) Approval Act of 1930" had not been passed, and the provisions of t" The Federal Aid Roads Agreement Approval Act (Variation of Agree- ment) Approval Act of 1930" shall be entirely disregarded. Approval of 3. The Agreement made on the eighteenth day of ~ greement August, one thousand nine hundred and thirty-one, 1u~ ! ~ ~ , between the Prime Minister of the Commonwealth of 1931,. . Australia and the Premier of the State of Queensland athpepeSacrhmegdumle ( varym . g 4 0 h e " I~ r ' mC . lpa 1 A greemen -'- l " J ) , b e ' mg the A . gree- to this Act. ment set forth in the Schedule to *" The Federal A1:d Roads Agreement Approval Act of 1926," a copy ,vhereof is set Schedule. forth ill the Schedule to this Act, is hereby approved, adopted, authorised, and ratified; and all acts, matters, and things done or performed under or pursuant to the * 17 G('o. V. X o. 7, sup/a, page 117()3. '121 Goo. Y. Xo. 8, sUI,m, page 13100.

ROADS. 13881 1931. Federal Aid Roads, Etc., Approval Act. 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 Agree- ment 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. 4. All the provisions of the Principal Act and the Princip~ l. " Principal Agreement," being the Schedule as set forth tC~ h~ U ))ect in such Principal Act (as varied by the Agreement C011- Sc~edule to tained in' the Schedule to this Act), shall continue in ~ ~ : t! ~ ! ~ ~ ~ full force and effect: force. Provided that the variations of the "Principal Agreement" (which variations are set forth in the Schedule to this Act), shall take effect on the first day of July, one thousand nine hundred and thirty-one, and such variations shall have such effect and such operation as is set forth in the ~chedule to this Act accordingly. SCHEDULE. AGREE1VlENT made the eighteenth day of August, one thoUGand nine hundred and thirty-one 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 t,he 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 herein- a,fter called the" Principal Agreement") it was agreed in clauses two, three, and four 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 Common- wealth into a Trust Account established for the purpose under section 62A of the Audit Act1901-1924 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. RI

13882 ROADS. Federal Aid Roads, Etc., Approval Act. 22 GEO. V. No. 20, "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 providerl fpom 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 afore- said 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 centum) 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 t,he National Debt Sinking Fund established under the NationalDebt 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 Common- wealth 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

ROADS. 1931. Federal Aid Roads, Etc., Approval Act. 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 FinancialAgreementValidationAct1929 of the Commonwealth and in the Schedule to "The Commonwealth and States Financial Agreement Rat~ fication 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 pR,yment of Sinking Fund contribu- tions by the Commonwealth and the State in respect of the Public Debt of the State existing on the thirtieth day of June, one thousand nine hundred and twenty-seven, and in respect of each loan raised after the thirtieth day of June, one thousand nine hundred and twenty-seven, by the State or by the Commonwealth for and on behalf of the State: AND whereas the Financial Agreement hR,s been approved by the Parliament 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 no~ modify or affect the operation of clause four 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 four 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, authorised, or ratified bv the Parliaments of the Commonwealth and of the State. v 2. The Financial Agreement shall not modify or affect the operation of clause four of the Principal Agreement or clause four 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 the thirtieth day of June, one thousand nine hundred and twenty-seven, and in respect of each loan raised after the thirtieth day of June, one thousand nine hundred and twenty-seven, by the State, or by the Commonwealth for and on behalf of the State, the provisions of clause four 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 two to twelve (both inclusive) were deleted therefrom and the following clauses were inserted in lieu of clauses two and four 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, 13883

13884 ROADS. Federal Aid Roads, Etc., A-pproval Act. 22 GEO. V. No. 20, one thousand nine hundred and thirty-one, a sum equivalent to ,/Jlfhths of the aggregate of the following amounts, namely:- (a) So much of the duties of customs payable and collectcd under the tariff item specified in this paragraph in respect of the goods specified in this paragraph as shall be equal to two and a-half pence per gallon of all of those 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 CustomsTariff1921-1930 as proposed to be amended by the Customs Tariff Proposal introduced into the House of Repre- sentatives 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 (1;) 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 one and a-half pence per gallon of all of 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 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 daylof July, one thousand nine hundred and thirty-six, a sum equivalent to Io'lloths 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 subclause in respect of the goods specified in that paragraph as shall be equal to two and a-half pence per gallon of all of those 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 subclause in respect of the goods specified jn that

ROADS. 1931. Federal Aid Roads, Etc., Approval Act. paragraph as shall be equal to one and a-half pence per gallon of all of those 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 Act1901-1926 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 centum) 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 lOs. per centum) 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 FinancialAgreementValidationAct1929 of the Commonwealth and in the Schedule to " The Commonwealth and States Financial Agreement Ratification Act oJ 1927 " of the State, and validated and approved 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 centum) per annum compounded. (3.) The Sinking Fund hereinbefore referred to is the National Debt Sinking Fund established under the NationalDebtSinkingFundAct1923-1930 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. 13885

13886 ROADS. Federal Aid Roads, Etc., Approval Act. 22 GEO. V. No. 20,1931. (2.) Upon such variations taking effect the State shall be freed and discharged from liability to provide under clause three 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 main- tenance of roads shall be deemed to have been authorised hy 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 nut of those moneYli in such amounts and at such times as the Minister mav 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.) The 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 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. l SIGNED by the Right Honourable JAMES') HENRY SCULLIN, the Prime Minister of the Commonwealth, for and on behalf of the Commonwealth in the (Sgd.) J. H. SCULLIN presence o f - I (Sgd.) F. STRAHAN. J SIGNED by the Honourable ARTHUR') r EDWARD MooRE, the Premier of the I State, for and on behalf of the State (Sgd.) in the presence of- ! (Sgd.) G. W. WATSON. J A. E. MOORE. ROADS AND BRIDGES. See TRAFFIC (TOLLS). ROAD TRAFFIC FACILITIES. See TRAFFIC.