Federal Aid Roads (New Agreement Authorisation) Act 1936 (WA)

No. 33.] Federal Aid Roads (New Agreement [1936.

Authorisation).

FEDERAL AID ROADS (NEW AGREE-

MENT AUTHORISATION).

1° EDWD. VIII., No. XXXIII.

No. 33 of 1936.

AN ACT to authorise the Honourable the Premier to execute on behalf of the State an Agreement proposed to be made between the Commonwealth and the State relating to Federal Aid Roads.

[Assented to 11.th December, 1936.]

B E it enacted by the King's Most Excellent Majesty,lative Council and Legislative Assembly of Westernby and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the Federal Aid Roads

(New Agreement Authorisation) Act, 1936.

Treasurer

authorised to	2. The Honourable the Premier of the State is
execute agree-

ment on

hereby authorised to execute for and on behalf of the

behalf of

State.

State an agreement relating to Federal Aid Roads, in the form set out in the Schedule to this Act, provided that nothing in the said agreement shall affect the operation

of section thirty-three of the Main Roads Act, 1930, as

amended by Act No. 2 of 1932.

1936.] Federal Aid Roads (Yew Agreement [No. 33.

Authorisation).

THE SCHEDULE.

FORM OF AGREEMENT.

AGREEMENT made the day of One thousand nine hundred and thirty- between the Common- wealth of Australia (in this agreement called "the Commonwealth") and the State of Western Australia (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 First 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 Act 1926 of the State and is hereinafter called the "original agreement") it was agreed (inter teia) 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 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 Aid Roads Act 1931 of the Commonwealth and made on the Twenty-first day of July One thousand nine hundred and thirty-one between the Commonwealth and the State which agreement was approved adopted authorised and ratified by the Federal Aid Roads Agreement Act 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 Federal Aid Roads Act 1936 of the Commonwealth and made on the Fourth day of August One thousand nine hundred and thirty-six between the Commonwealth and the State which agreement was approved adopted authorised and ratified by the Federal Aid Roads Agreement Act 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 the Commonwealth proposes to make available to• the several States for the purposes hereinafter mentioned the amounts hereinafter mentioned in each year during the period of ten years com- I/fencing 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 eentum to the State of Tasmania and ninety-five per centum be-

tween the several States (excluding Tasmania)—as to three-fifths of such ninety-five per eentum 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:

No. 331 Federal Aid Roads (New Agreement [1936.

Authorisation).

NOW IT IS HEREBY AGREED as follows:-

This 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 the State.

1.

(1.) The Commonwealth will subject to this agreement and for the purposes mentioned in subelause (1) of clause four of this agreement provide in each year during the period of ten years com- mencing on the first day of July One thousand nine hundred and thirty-seven a sum equivalent to 192/1000ths of the aggregate of the following amounts namely:

2.

(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 21/2d. per gallon of all 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 Customs Tariff 1933-1936 or under that tariff item as amended or proposed to be amended dur- ing the continuance of this agreement in respect of petroleum and shale products, viz.: naphtha, benzine, benzo- line, gasoline, pentane, petrol and any other petroleum or shale spirit; and

(b)

so much of the duties of exci se 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 Pifi. 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 Tariff 1921-1936 or under that tariff item as amended or proposed to be amended during the con- tinuance 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) suit- able for use as petrol substitutes as dasetibed in that item.

(2.) The Commonwealth will subject to this agreement and for the purposes mentioned in subelause (2) of clause four of this agree- anent provide in each year during the period of ten years last afore- said a sum equivalent to 192/1000ths of the aggregate of the follow- ing amounts namely:

(a) so much of the duties of customs payable and collected under the tariff item specified in paragraph (a) of subelause (1) of this clause in respect of the goods specified in that para- graph as shall be equal to A-d. per gallon of all those goods which shall be entered for home consumption during that year; and

1936.] Federal Aid Roads (New Agreement [No. 33.

Authorisation).

(b) so much of the duties of excise payable and collected under the tariff item specified in paragraph (b) of subclause (1) of this clause in respect of the goods specified in that para- graph (other than benzol) as shall be equal to 1/2d. per gal- lon of all those goods which shall be entered for home con- sumption during that year.

(3.) All the sums provided under subelauses (1) and (2) of this

clause will be paid by the Commonwealth into a Trust Account estab- lished for the purpose under Section 62A of the Audit Act 1901-1934.

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 of the payment which are made from the sums provided under subelauses (1) and (2) of this clause respectively.

(4.)

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 les.%) per annum accruing from day to day on so much of the moneys which have been provided by the State for the purposes of the original agreement as have been provided from loan moneys.

(2.) The State will on the thirty-first day of December (o • on such

other date as may be agreed upon between the 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 eentum (£2 10s.%) per annum accruing from day to day on the amount of loan moneys which have been provided b y 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 agree- ment in respect of such loan moneys together with the Sinking Fund contributions in respect of such loan moneys provided for by the Fin- ancial Agreement 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 - cent= (41/2 %) per annum compounded.

(3.)

The Sinking Fund hcreinbefore referred to is the National Debt Sinking Fund established under the National Debt Sinking Fund Act 1923-1934 of the Commonwealth or any amendment thereof or any Sinking Fund established in lieu thereof and all moneys paid into such Funds shall be applied as if they were Sinking Fund contribu- tions paid under the Financial Agreement in respect of the public debt of the State.

(4.) The Financial Agreement hereinbef ore referred to is the agree-

ment set forth in the Schedule to the Financial Agreement Validation Act 1929 of the Commonwealth and in the Schedule to the Financial Agreement Act 1928 of the State and validated and approved by those Acts.

Subolause (2). 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.

(5.)

No. 33.] Federal Aid Roads (New Agreement [1936.

Authorisation).

(1.) All moneys paid to the State from the sums provided under subelause (1) of clause two of this agreement shall be expended upon the construction reconstruction maintenance or repair of roads.

4.

(2.) All moneys paid to the State from the sums provided under subelause (2) 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 for the proper main- tenance and repair to a standard necessary to meet the requirements of the Commonwealth and other traffic using such roads, of public roads adjoining or of approach to properties of the Commonwealth within the State.

(2.) The State shall not he 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" includes establishments works and activities of the Commonwealth.

C. 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 pre- paid post addressed to the Minister for Works at his office in the City of Perth.

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 State of the Commonwealth or member of the Federal Executive Council for the time being acting for and on behalf of the Minister.

As witness the respeetive executions of the parties.

Signed by

of the Commonwealth

for and on behalf of the Commonwealth in the

presence of

Signed by

Premier of the State for and on behalf of the State in the presence of-