Roads Acts Amendment Act 1976 (Cth)
An Act relating to Financial Assistance to the States in relation to Roads.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
PART I—PRELIMINARY
PART II—AMENDMENTS OF THE NATIONAL ROADS ACT 1974
(2) The Principal Act, as amended by this Act, may be cited
as the
(a). by adding at the end of sub-section (2) the words “plus, where the State is a State to which Schedule 4 relates and the year is the year that commenced on 1 July 1975, the amount specified opposite to the name of that State in Schedule 4”;
(b). by adding at the end of sub-section (3) the words “plus, where the State is a State to which Schedule 5 relates and the year is the year that commenced on 1 July 1975, the amount specified opposite to the name of that State in Schedule 5”; and
(c). by adding at the end of sub-section (4) the words “plus, where the State is a State to which Schedule 6 relates and the year is the year that commenced on 1 July 1975, the amount specified opposite to the name of that State in Schedule 6”.
“(1) Where a State satisfies the Minister that—
(a) the amount specified in Schedule 1, 2 or 3; or
(b) the sum of the amounts specified in Schedules 1 and 4, Schedules 2 and 5 or Schedules 3 and 6,
in relation to the State in respect of a year is greater than the amount that the State has been, or will be, able to expend, in accordance with this Act, in that year for the purpose specified in sub-section 7(2), (3) or (4), whichever is relevant, the Minister may direct that the amount referred to in paragraph (a) or either or both of the amounts constituting the sum referred to in paragraph (b) shall be deemed to be reduced by such amount or amounts, as the case may be, as is specified by the Minister.
(2) A direction given by the Minister under section 11 of the Principal Act before the commencement of this Act has effect, after the commencement of this Act, as if it had been given by the Minister under section 11 of the Principal Act as amended by this Act.
“11a. (1) Where a State satisfies the Minister that, by reason of particular works in relation to roads having a lesser priority than other particular works in relation to roads—
(a) an amount specified in a Schedule to this Act in relation to the State in respect of a year, being an amount available under this Act by way of financial assistance to the State in relation to expenditure by the State in respect of those first-mentioned works, should be reduced by an amount specified by the State (in this section referred to as ‘the amount of the variation’); and
(b) an amount specified in a Schedule to this Act or a Schedule to the
Roads Grants Act 1974-1976 in relation to the State in respect of that year, being—(i) an amount available under this Act by way of financial assistance to the State in relation to expenditure by the State in respect of those second-mentioned works; or
(ii). an amount required by the
Roads Grants Act 1974-1976 to be expended on works of a kind in which the second-mentioned works are included,
should be increased by an amount equal to the amount of the variation,
the Minister may direct that the amounts so specified shall be deemed to be respectively reduced and increased by the amount of the variation.
“(2) A direction shall not be given under sub-section (1) in relation to a State if it could result in the State becoming liable to repay an amount to Australia under this Act.
“(3)
A direction having effect in relation to an amount specified in a Schedule to
the
“(4) Where a direction under
sub-section (1) has effect in relation to an amount specified in a Schedule to
the
“(5) Where a direction given under sub-section (1) relates only to amounts specified in Schedules to this Act, this Act has effect as if the amounts referred to in the direction had been respectively reduced and increased in accordance with the direction.
“(6) Where a direction given under
sub-section (1) relates both to an amount specified in a Schedule to this Act
and amounts specified in Schedules to the
“(7)
A reference in sub-section (1) to a Schedule to the
SCHEDULE 4 Section 7(2)
ADDITIONAL AMOUNTS OF GRANTS IN RESPECT OF THE CONSTRUCTION OF NATIONAL HIGHWAYS
State | Year commencing 1 July 1975 |
$ | |
Queensland.................................................................................................................... | 2,500,000 |
South Australia.............................................................................................................. | 2,290,000 |
Western Australia........................................................................................................... | 1,520,000 |
Tasmania....................................................................................................................... | 1,040,000 |
Total................................................................................................................... | 7,350,000 |
SCHEDULE 5 Section 7(3)
ADDITIONAL AMOUNTS OF GRANTS IN RESPECT OF THE MAINTENANCE OF NATIONAL HIGHWAYS
State | Year commencing 1 July 1975 |
$ | |
New South Wales.............................................................................................................. | 4,000,000 |
Queensland....................................................................................................................... | 2,000,000 |
South Australia................................................................................................................. | 810,000 |
Western Australia.............................................................................................................. | 380,000 |
Tasmania.......................................................................................................................... | 90,000 |
Total....................................................................................................................... | 7,280,000 |
______
SCHEDULE 6 Section 7(4)
ADDITIONAL AMOUNTS OF GRANTS IN RESPECT OF THE CONSTRUCTION AND MAINTENANCE OF EXPORT ROADS AND MAJOR COMMERCIAL ROADS
State | Year commencing 1 July 1975 |
$ | |
Western Australia............................................................................................................. | 200,000 |
Tasmania........................................................................................................................... | 70,000 |
Total....................................................................................................................... | 270,000 |
PART III—AMENDMENTS OF THE ROADS GRANTS ACT 1974
(2) The Principal Act, as amended by this Act, may be cited as the
Roads Grants Act 1974-1976.
(a) by omitting from sub-section (1) the definition of “approved program” and substituting the following definitions:—
“‘allocation for local roads’ means—
(a) the expenditure of moneys by a State on road works; or
(b) payment of moneys by a State to a government authority in the State for expenditure by the authority on road works,
being road works of one of the following kinds:—
(c) the construction and maintenance of rural local roads for which the State or the authority is responsible;
(d) the construction of urban local roads for which the State or the authority is responsible;
‘approved allocation’ means an allocation for local roads that is included as a proposed allocation in an approved program;
‘approved program’ means—
(a) a program of projects approved by the Minister under section 4; or
(b) a program of proposed allocations for local roads approved by the Minister under section 4a;”;
(b) by inserting in sub-section (1), after the definition of “developmental road”, the following definition:—
“‘government authority’ means a municipal, shire or other local authority, and includes an authority of a State, being an incorporated body, that is responsible for the construction and maintenance of rural local roads in an area of the State; and
(c) by omitting from sub-section (2) the words “municipal, shire or other local authority” (wherever occurring) and substituting the words “government authority”.
“4a. (1) The Minister may notify a State the date before which a program of proposed allocations for local roads in respect of a period to which this section applies, being proposed allocations in relation to a specified purpose, is to be submitted to him for approval.
“(2) For the purposes of this Act, the Minister, after consultation with the appropriate Minister of a State, may approve—
(a) a program of proposed allocations for local roads in respect of the construction and maintenance of rural local roads in respect of the State for a period to which this section applies; and
(b) a program of proposed allocations for local roads in respect of the construction of urban local roads in respect of the State for a period to which this section applies.
“(3) The Minister may approve a variation of a program of proposed allocations for local roads approved by him.
“(4) A reference in this section to a period to which this section applies is a reference to—
(a) the year that commenced on 1 July 1975 and ends on 30 June 1976; or
(b) the year commencing on 1 July 1976 and ending on 30 June 1977.”.
“(2) Moneys are payable to a State under sub-section (1) for the purpose of enabling the carrying out of—
(a) approved projects; or
(b) road works to which an approved allocation relates.”
(a) by inserting in sub-section (2), after the word and figure “Schedule 2”, the words “plus, where the State is a State to which Schedule 9 relates and the year is the year that commenced on 1 July 1975, the amount that is applicable to the State in respect of that year in accordance with Schedule 9”;
(b) by omitting sub-section (3) and substituting the following sub-section:—
“(3) A State shall, out of moneys paid to it under section 5 in respect of a year, expend during that year on the construction and maintenance of rural local roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 3 plus, where the State is a State to which Schedule 10 relates and the year is the year that commenced on 1 July 1975, the amount that is applicable to the State in respect of that year in accordance with Schedule 10. ”;
(c) by adding at the end of sub-section (4) the words “plus, in the case of New South Wales in respect of the year that commenced on 1 July 1975, the amount that is applicable to the State in respect of that year in accordance with Schedule 11”;
(d) by adding at the end of sub-section (5) the words “plus, where the State is a State to which Schedule 12 relates and the year is the year that commenced on 1 July 1975, the amount that is applicable to the State in respect of that year in accordance with Schedule 12”;
(e) by omitting sub-section (6) and substituting the following sub-section:—
“(6) A State shall, out of moneys paid to it under section 5 in of a year, expend during that year on the construction of urban local roads, in accordance with an approved program for that year, an amount equal to the amount that is applicable to the State in respect of that year in accordance with Schedule 6 plus, where the State is a State to which Schedule 13 relates and the year is the year that commenced on 1 July 1975, the amount that is applicable to the State in respect of that year in accordance with Schedule 13.”;
(f) by adding at the end of sub-section (8) the words “plus, where the State is a State to which Schedule 9 relates and the year is the year that commenced on 1 July 1975, 10 per centum of the amount that is applicable to the State in respect of that year in accordance with Schedule 9”;
(g) by inserting in sub-section (10), after the word “project”, the words or in pursuance of an approved allocation,”;
(h) by inserting in sub-section (11), after the word “project” (first occurring), the words or in pursuance of an approved allocation,”;
(i) by inserting in paragraph (a) of sub-section (11), after the word “project” (first occurring), the words “or in pursuance of any other approved allocation”; and
(j) by inserting in paragraph (b) of sub-section (11), after the word “project”, the words “, or in pursuance of that allocation,”.
“(1) Where a State satisfies the Minister that—
(a) the amount specified in Schedule 2, 3,4, 5, 6 or 7; or
(b) the sum of the amounts specified in Schedules 2 and 9, Schedules 3 and 10, Schedules 4 and 11, Schedules 5 and 12 or Schedules 6 and 13,
in relation to the State in respect of a year is greater than the amount that the State has been, or will be, able to expend, in accordance with this Act, in that year for the purpose or purposes specified in sub-sections 6 and (8) or under sub-section 6 (3), (4), (5), (6) or (7), whichever is relevant, the Minister may direct that the amount referred to in paragraph (a) or either or both of the amounts constituting the sum referred to in paragraph (b) shall be deemed to be reduced by such amount or amounts, as the case may be, as is specified by the Minister.”.
(2) A direction given by the Minister under section 8 of the Principal Act before the commencement of this Act has effect after the commencement of this Act as if it had been given by the Minister under section 8 of the Principal Act as amended by this Act.
“8a. (1) Where a State satisfies the Minister that, by reason of particular works in relation to roads having a lesser priority than other particular works in relation to roads—
(a) an amount specified in a Schedule to this Act in relation to the State in respect of a year, being an amount required by this Act to be expended on works of a kind in which the first-mentioned works are included, should be reduced by an amount specified by the State (in this section referred to as ‘the amount of the variation’); and
(b) an amount specified in a Schedule to this Act or a Schedule to the
National Roads Act 1974-1976 in relation to the State in respect of that year, being—(i). an amount required by this Act to be expended on works of a kind in which those second-mentioned works are included; or
(ii). an amount available under the
National Roads Act 1974-1976 by way of financial assistance to the State in relation to expenditure by the State in respect of those second-mentioned works,
should be increased by an amount equal to the amount of the variation,
the Minister may direct that the amounts so specified shall be deemed to be respectively reduced and increased by the amount of the variation.
“(2) A direction shall not be given under sub-section (1) in relation to a State if it could result in the State becoming liable to repay an amount to Australia under this Act.
“(3) A direction having effect in
relation to an amount specified in a Schedule to the
“(4) Where a direction under
sub-section (1) has effect both in relation to an amount specified in a
Schedule to this Act and to an amount specified in a Schedule to the
“(5) Where a direction given under sub-section (1) relates only to amounts specified in Schedules to this Act, this Act has effect as if the amounts referred to in the direction had been respectively reduced and increased in accordance with the direction.
“(6) Where a direction given under
sub-section (1) relates both to amounts specified in Schedules to this Act and
an amount specified in a Schedule to the
“(7) A reference in sub-section (1) to a Schedule to this Act shall be read as not including a reference to Schedule 1 or 8.”.
Year commencing 1 July 1975 |
S |
83,100,000 |
64,800,000 |
57,400,000 |
17,800,000 |
44,200,000 |
11,700,000 |
279,000,000 |
Year commencing 1 July 1975 |
$ |
146,800,000 |
110,400,000 |
50,100,000 |
33,500,000 |
33,500,000 |
11,200,000 |
SCHEDULE 9 Section 6(2) and (8)
ADDITIONAL AMOUNTS OF GRANTS TO BE EXPENDED ON THE CONSTRUCTION OF RURAL ARTERIAL ROADS AND DEVELOPMENTAL ROADS
State | Year commencing 1 July 1975 |
$ | |
New South Wales................................................................................................................ | 5,730,000 |
Victoria.............................................................................................................................. | 2,660,000 |
Queensland......................................................................................................................... | 2,800,000 |
South Australia................................................................................................................... | 270,000 |
Western Australia................................................................................................................ | 1,380,000 |
Tasmania............................................................................................................................ | 400,000 |
Total........................................................................................................................ | 13,240,000 |
_________
SCHEDULE 10Section 6(3)
ADDITIONAL AMOUNTS OF GRANTS TO BE EXPENDED ON THE CONSTRUCTION AND MAINTENANCE OF RURAL LOCAL ROADS
State | Year commencing 1 July 1975 |
$ | |
New South Wales............................................................................................................... | 2,480,000 |
Victoria.............................................................................................................................. | 6,650,000 |
Queensland........................................................................................................................ | 3,140,000 |
South Australia.................................................................................................................. | 800,000 |
Western Australia............................................................................................................... | 1,760,000 |
Tasmania........................................................................................................................... | 730,000 |
Total........................................................................................................................ | 15,560,000 |
___________
SCHEDULE 11 Section 6(4)
ADDITIONAL AMOUNT OF GRANT TO BE EXPENDED ON MINOR TRAFFIC ENGINEERING AND ROAD SAFETY IMPROVEMENTS
State | Year commencing 1 July 1975 |
$ | |
New South Wales............................................................................................................. | 450,000 |
Total............................................................................................................................ | 450,000 |
SCHEDULE 12 Section 6 (5)
ADDITIONAL AMOUNTS OF GRANTS TO BE EXPENDED ON THE CONSTRUCTION OF URBAN ARTERIAL ROADS
State | Year commencing 1 July 1975 |
$ | |
New South Wales........................................................................................................... | 6,660,000 |
Victoria.......................................................................................................................... | 3,990,000 |
Queensland.................................................................................................................... | 2,460,000 |
South Australia.............................................................................................................. | 1,490,000 |
Western Australia........................................................................................................... | 3,320,000 |
Tasmania....................................................................................................................... | 620,000 |
Total.................................................................................................................... | 18,540,000 |
_________
SCHEDULE 13 Section 6 (6)
ADDITIONAL AMOUNTS OF GRANTS TO BE EXPENDED ON THE CONSTRUCTION OF URBAN LOCAL ROADS
State | Year commencing 1 July 1975 |
$ | |
New South Wales........................................................................................................... | 580,000 |
Queensland.................................................................................................................... | 300,000 |
South Australia.............................................................................................................. | 140,000 |
Western Australia........................................................................................................... | 240,000 |
Tasmania....................................................................................................................... | 50,000 |
Total................................................................................................................... | 1,310,000 |
(2). In this section, “Minister” means the Minister administering the Principal Act at the relevant time, and includes a delegate of that Minister.
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