Main Roads Act Amendment Act 1939 (WA)

1939.1 Alain Roads. I.N. 48,

MAIN ROADS.

3° and 4° GEO. VI., No. XLVIII.

No. 48 of 1939.

AN ACT to amend section thirty-one of the Main

Roads Act, 1930-1938.

[Assented to 23rd December, 1939.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title.

This Act may he cited as the Main Roads Act Amendment Act, 1939, and shall be read as one with the

cf. No. 29 of

1938 e. 3.

Main Roads Act, 1930-1938 (No. 5 of 1930 as amended

by the Acts No. 2 of 1932, No. 3 of 1937, No. 4 of 1937,

and No. 29 of 1938), hereinafter referred to as the prim

cipal Act.

1.

2. Section thirty-one of the principal Act (as amended Amendment of s. 31.

by the Act No. 2 of 1	932) is repealed and a section is	in- Repeal and
i

serted in lien thereof as follows:— new section.

31. (1) (a) The amount of all fees and moneys Appropria-

tion n o f

paid into the Main Roads Trust Account shall Alai Roads

Trust

generally— Account.

(i)   in the first place be chargeable with the costs

of collection as certified by the Minister;

in the second place be chargeable with the costs incidental to the administration of this Act and the exercise of the functions of the Commis- sioner;

(ii)

in the third place be . used and applied in such manner and proportions as the Governor, on the recommendation of the Commissioner, shall from time to time determine in and for the pur-

(iii)

No. 48.] Main Roads. [1939.

pose of defraying the cost of and incidental to the provision, construction, maintenance, and super- vision of roads, whether main or developmental roads under this Act or not, and of any other work

executed and provided under this Act; .

(b) that portion of the moneys paid into the Main Roads Trust Account which consists of moneys re- ceived from the Commonwealth under and for the purposes mentioned in subelause (2) of clause 2 of the Federal Aid Roads Agreement as made under the authority of the Federal Aid Roads (New Agree- ment Authorisation) Act, 1936, and amended under the authority of the Federal Aid Roads (New Agree- ment Authorisation) Act Amendment Act, 1937, may particularly, but without prejudice to paragraph (a) of this subsection, be used and applied in such man- ner and in such amounts as the Minister, on the recommendation of the Commissioner, may from time to time determine and approve in and for the pur- pose of any work or matter connected with transport as authorised by the said Federal Aid Roads Agree- ment, or by any agreement which may hereafter be made amending or in substitution of the said Fed- end Aid Roads Agreement.

(2)

The warrant of the Commissioner shall he

sufficient authority to the Treasurer to make any

payment provided for in this section.

(3)

The unexpended moneys in the Main Roads Trust Account at the end of any year may be used under this section for any other year without fresh appropriation.

(4) Where, prior to the commencement of this

section

(a)	any expenditure has been incurred by the Commissioner in or in connection with the provision, construction, maintenance, and supervision of roads other than main or developmental roads under this Act, or in connection with the maintenance of develop- mental roads not in accordance with section twenty-seven of this Act; and
(b)	any payment of any such expenditure has been made out of moneys in the Main Roads Trust Account; and

1939.] Main Roads. [No. 48.

(c) any payment has been made out of moneys in pose which at the time when the payment was made was a purpose in relation to which the said payment was authorised by the Federal Aid Roads Agreement herein- before mentioned, although at the time not authorised by this Act as then in force

the Main Roads Trust Account for any pur- the payment of such expenditure, as mentioned in paragraph (b) hereof, or the payment as mentioned in paragraph (c) hereof, out of moneys in the Main Roads Trust Account is hereby validated.

3. The principal Act as amended by this Act may be Citation of Principal

cited as the Main Roads Act 1930-1939. amended.Act as