Federal Aid Roads (Further Agreement) Act 1931 (NSW)

FEDERAL All) ROADS

(FURTHER AGREEMENT) ACT.

Act No. 49, 1931.

An Act to approve, adopt, authorise, and ratify a further Agreement between the Common- wealth of Australia and the State of New South Wales relating to the making avail- able by the Commonwealth of moneys for the purpose of the construction, reconstruc- tion, and maintenance of roads in New South Wtiles; to validate certain matters; to amend the Main Roads Act, 1924-1929; and for purposes connected therewith. [As- sented to, 7th October, 1931.] BE

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, b y and with the advice and consent of the Legis­

Wales in Par l iament assembled, and by the au thor i ty of the same, as follows :—

1. (1) This Act may be cited as t h e " Federal Aid

R o a d s ( F u r t h e r Agreemen t ) Act , 1 9 3 1 , " and shall be

read a n d cons t rued with, t h e	Federal	Aid	P o a d s	Act ,
1927.

(2) The Federal Aid Roads Act , 1927, is in th i s

A c t called t he Pr inc ipa l Ac t .

2. The ag reement , a copy of which is comprised in t he Schedule to th is Act , is he reby approved,	adopted,
author ised, and ratified.

(1) The provisions of the P r inc ipa l Act , inc lud ing t h e ag reemen t comprised in t he Schedule the re to (as var ied by the a g r e e m e n t comprised in t he Schedule to

3.

th i s Ac t ) shall con t inue in full force and effect: Provided

t h a t such var ia t ions shal l t a k e effect as from and

inc lud ing t h e first day of J u l y , one t housand n ine h u n ­

dred a n d th i r tv -onc , b u t shall no t affect any m a t t e r

ar is ing out of or any r ight , obl igat ion, or	l iabil i ty,
acquired, accrued, or incur red u n d e r t he	ag reement

comprised in t he Schedule to t h e Pr inc ipa l Act , p r ior to t he said first day of J u l y , one thousand n ine h u n d r e d a n d th i r ty -one , or any remedy in respect of any such m a t t e r , r igh t , obl igat ion, or l iabi l i ty , and any such remedy m a y be exercised or enforced as if t h e last-

men t ioned a g r e e m e n t had not been varied.

(2) Al l acts , ma t t e r s , and th ings d o n e or per­

formed u n d e r or p u r s u a n t to t h e ag reemen t comprised

in t h e Schedule to th is A c t approved, adopted, a u t h o ­

rised, and ratified pr ior to t he pass ing of th is A c t or to be done or per formed u n d e r or p u r s u a n t to t he said A g r e e m e n t after t h e pass ing of th i s A c t are hereby approved, adopted , author ised, a n d ratified, and are and shal l be valid and effectual for al l purposes whatsoever .

4.	(1)	The M a i n Roads Act , 1924-1929, is a m e n d e d —
(a)	by omi t t i ng from p a r a g r a p h (e) of subsect ion one of section t en t he words " for t he deve lop - m e n t of m a i n roads " and inse r t ing in l ieu thereof t he following words : " i nc lud ing t h a t propor t ion of a n y sums due a n d payable by

the

t he Commonwea l th of Aust ra l ia u n d e r t h e

Federa l Aid Roads A g r e e m e n t , each year commenc ing from the first day of J u l y , one thousand n ine h u n d r e d and th i r ty-one , which

is equal to the propor t ion t he a m o u n t paid	for
t h a t year into t he County of Cumber land	Main
Roads F u n d in accordance wi th pa rag raph	(a)

hereof bears to t he to ta l a m o u n t paid for t h a t

year in to t he Coun ty of Cumber land Main

Roads F u n d and the Count ry M a i n Roads F u n d in accordance wi th the said pa rag raph (a) and pa rag raph (a) of subsect ion one of section twenty of this A c t respectively " ;

(b)	by omitting from paragraph (d) of subsection one of section t w e n t y the words " for the deve lopment of m a i n r o a d s " a n d inser t ing in lieu thereof t he following words : " inc luding t h a t propor t ion of any sums due and payable
by t h e Commonwea l th of Aus t ra l ia under

t h e Fede ra l Aid Roads A g r e e m e n t each year commenc ing from t h e first day of J u l y , one thousand nine hundred and th i r ty -one , which is equal to t h e propor t ion t he a m o u n t paid for tha t year into the Coun t ry Main Roads F u n d in accordance wi th pa ragraph (a) hereof bears to the to ta l a m o u n t paid for t h a t year into t he Count ry M a i n Roads F u n d and County of Cumber l and Main Roads F u n d in accordance wi th t h e said pa rag raph (a) and p a r a g r a p h (a) of subsection one of section ten of th i s A c t respect ively " ;

(c)	by inserting after subsection four of section twen ty -one t h e followinq'new subsection :—
(4A) Subjec t to the approval of the M iuister, t h e Board shall , f rom the first day of J u l y , one; t housand n ine h u n d r e d and th i r ty -one , un t i l
t h e thir ty-f i rs t day of December , one thousand
n ine h u n d r e d and th i r ty - s ix ,pay annua l ly to the

Minis te r for Pub l i c W o r k s from the Coun t ry M a i n Roads F u n d for use in the maintenance! a n d cons t ruc t ion of roads general ly in the

"Western	Division t h a t propor t ion of the s u m
of fifty	thousand pounds which t h e a m o u n t

ac tual ly

ac tua l ly received in t he corresponding yea r

from t h e Commonwea l th of Aus t ra l i a under

t he Fede ra l A id P o a d s A g r e e m e n t bears to t h e

s u m of five	h u n d r e d	and	fifty-two	thousand
pounds .

(d)	by omitting from subsection one of section twenty- four t he Avords " W h e r e a n y port ion of the cost of t he AArork is cont r ibu ted to by the CommonAvealth Gove rnmen t unde r the
Eedera l Aid I loads Agreemen t , t he counci l ' s
con t r ibu t ion shall no t exceed t h e above p ro ­

por t ions of the State 's share of such cost " ;

(e) (i) by inser t ing af ter t h e word " c o u n c i l " in

subsect ion two of section 27A the Avords

" or expended " ;

(ii)   by inserting next after subsection two of section 27A t h e folloAvimr new subsection :—

(3) The Direc tor of Pub l i c W o r k s shal l

submi t to t h e P o a r d such details a n d cer­ tificates of expend i tu re as may be requi red by the C o m m o n w e a l t h G o v e r n m e n t u n d e r

t h e Eedera l Aid P o a d s A g r e e m e n t .

(f) by omi t t ing P a r t V I A ;

(g) (i) by omi t t ing from section two the figures

" I S " and by inse r t ing in lieu	thereof
the figures and le t te r " 18B";

(ii) by o m i t t i n g from t h e same section t h e

figures " 22 -27 " a n d by inse r t ing in l ieu

thereof t h e figures a n d le t ters " 2 1 A - 2 7 A " ;

(tii) by o m i t t i n g from the same section t h e

figures " 53 " and by inse r t ing in l ieu

thereof t h e figures " 6 2 . "

(2) The a m e n d m e n t m a d e b y p a r a g r a p h (f) of

subsect ion one of th i s section shal l be deemed to lnwe t a k e n effect on t he th i r t i e th day of J u n e , one thousand

n ine h u n d r e d and th i r ty -one , b u t a n y moneys in t h e

Eedera l Aid P o a d s E u n d on t h a t da te or receiAred in respect of any period pr ior to t h a t da te shall be deal t w i th and disposed of in accordance so far a s prac t icable

w i t h t he provisions of t h e law pr ior to t h a t date .

(3)

(3) Section n ine of the Ma in l loads ( A m e n d m e n t )

Act , 1929, is hereby repealed.

(4) The Main l loads Act , 1924-1929 , as amended by th is Ac t , may be cited as the Ma in Roads Act , 1924 -1931 .

SCHEDULE.

AGREEMENT made the twenty-fifth day of September, one thousand nine hundred and thirty-one, between the Commonwealth of Australia (in this Agreement called " the Commonwealth ") and the State of New South Wales (in this Agreement called " the State ") :

WHEREAS by an Agreement in the form contained in the Schedule to
the Federal Aid Roads Act, J 920, of the Commonwealth and made on the seventeenth day of June, one thousand nine hundred and twenty- seven, between the Commonwealth and the State (which Agreement was approved adopted authorized and ratified by the Federal Aid Roads Act, 1927, 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 five million five hundred and twenty thousand pounds (£5,520,000) during the period of ten (10) years com­ mencing on the first day of July, one thousand nine hundred and twenty-six.
(2) The said sum of five million five hundred and twenty thousand (£5,520,000) 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 five hundred and fifty-two thousand pounds (£552,000) in each

year during the said period of ten years.

(3) Pavments 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 four million one hundred and forty thousand
pounds (£4,140,000) for the purposes of this Agreement.

(2) The said sum of four million one hundred and forty thousand pounds (£4,140,000) 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 five hundred and seventeen thousand five hundred pounds (£517,500) 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 (£3 %) 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 money included in such instalment.

(1) 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 Common­ wealth of the first part the State of New South Wales of tb.3 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 Financial Agreement Ratification Act, 1928, 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

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 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 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 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 during eacli 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 552/2,000ths 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 2Ad. per gallon of all of those goods which shall be entered for home consumption during that year that is to say the duties
in the Schedule to the Customs Tariff, 1921-1930, as proposed of customs payable and collected under Tariff Item 229 (c)

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 najmtha 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 erf the goods specified in this paragraph as shall be equal to lid. 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

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 clay 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 552/2,000ths of the aggregate of the following amounts namely:—

(1) 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 2 |d. 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 in that paragraph as shall be equal to l | d . per gallon of all of those goods which shall be entered for homo 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 jmrpose 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 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

Schedule to the Financial Agreement Validation Act, 1929, of the Commonwealth and in the Schedule to the Financial Agreement Ratification Act, 1928, 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 (4J per centum) per annum compounded.

(3) The Sinking Fund hereinbefore referred to is the National Debt Sinking Fund established under the National Debt Sinking Fund Act, 1923-1930, of the Commonwealth or any amendment thereof or any Sinking Fund established in lieu thereof and all moneys paid into such Fand 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 main­ tenance of roads shall lie deemed to have been authorised 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 bo in the Trust Account mentioned in the Principal Agreement payments will be made to the State out of those 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.

0. 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.

Signed

Signed by the Eight Honorable";

JAMES HENRY SCULLIN, the j

Prime Minister of the Com- I
monwealth for and on behalf >• (Sgd.) J. H. SCULLIN.
of the Commonwealth in the

presence of—

(Sgd.) F. STRAHAX.

Signed by the Honorable JOHN^

THOMAS LAXO, the Premier of !

the State for and on behalf of j> (Sgd.) JOHN T. LAXG.

the State in the presence of— |

(Sgd.) C. H. H A I . J