Transport Planning and Research (Financial Assistance) Act 1977 (Cth)
An Act to grant financial assistance to the States in connexion with planning and research in relation to land transport.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
“approved program”, in relation to a State, means a program of projects approved by the Minister, under section 4, as the program of the State for a year to which this Act applies;
“estimated cost”, in relation to an approved program, means the amount, as set out in the program, of the total estimated cost of the program;
“land transport” means transport by land of persons or freight or persons and freight, and includes transport by water by means of a passenger or vehicular ferry, but does not include transport by sea;
“program of projects” means a program of projects, in accordance with a form specified by the Minister, setting out particulars of the projects and the amount of the total estimated cost of the program;
“project” means a project by way of research or planning in relation to land transport;
“research” means any research or investigation, whether scientific, technical, economic or otherwise;
“year to which this Act applies” means the year that commenced on 1 July 1977 or any succeeding year.
(2) Where a State, in accordance with a request made to it under sub-section (1), submits to the Minister a program of projects, the Minister may approve the program as the program of the State for that year.
(3) The Minister may, with the agreement of the appropriate Minister of a State, modify a program submitted by the State and approve the program as so modified.
(4) A State may propose to the Minister—
(a) a variation of; or
(b) a revocation of, and the substitution of a new program for, an approved program.
(5) A variation or revocation and substitution referred to in sub-section (4) does not take effect for the purposes of this Act unless it is approved by the Minister.
(2) Where a project referred to in sub-section (1) has been completed before the submission under section 4 of the program in which it is included, then, for the purpose of ascertaining the amount of the total estimated cost of the program, the estimated cost of that project shall be deemed to be the actual cost of that project.
(2) The sum of the amounts paid under this section to a State shall not exceed two-thirds of the estimated cost of the approved program of the State for the first year to which this Act applies.
(2) Subject to this Act, where a State has, during a year to which this Act applies, expended an amount in accordance with the approved program of the State for that year, there is payable to the State, by way of financial assistance, an amount equal to one-half of the amount so expended.
(3) The sum of the amounts paid under this section to a State in respect of expenditure by the State during a year to which this Act applies shall not exceed one-half of the estimated cost of the approved program of the State for that year.
(2) A State may include in a program of projects submitted by it under section 4 a project proposed to be undertaken by an approved organization at the request of the State, whether the request is made by that State alone or jointly with another State or other States.
(3) A payment made by a State to an approved organization in respect of a project referred to in sub-section (2), being a project included in an approved program, shall, for the purposes of this Act, be deemed to have been expended by the State in accordance with that program.
(2) The sum of the amounts paid under this Act to a State in the first year to which this Act applies shall not exceed the amount applicable to that State in accordance with the Schedule.
(2) Without limiting the discretion of the Treasurer under sub-section (1), the Treasurer may refrain from making an advance to a State under that sub-section until the State has furnished to the Treasurer such documents and other evidence to justify the making of the advance to the State or to show how an amount, or part of an amount, advanced to the State under that sub-section has been used or applied, as the Treasurer requests.
(a) a statement in respect of that expenditure, in accordance with a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of the State certifying that, in his opinion, the amounts shown in the statement as having been expended were expended in accordance with the approved program of the State for that year; and
(b) such further information (if any) as the Treasurer requires in respect of that expenditure.
(a) that the State will, at all reasonable times, permit a person authorized by the Minister to inspect and take copies of, or extracts from, any plans, designs, tenders, records or other documents relating to a project included in the program;
(b) that there will be furnished to the Minister by the State, as soon as practicable after each 30 June, a progress report as at that date on each uncompleted project included, in the program;
(c) that there will be furnished to the Minister by the State, as soon as practicable after the completion of each project included in the program, a final report on the project; and
(d) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition specified in paragraph (a), (b) or (c), the State will repay the amount paid to the State under this Act in relation to that program, or such part of that amount as the Minister specifies, to the Commonwealth.
(2) Payment of an amount (including an advance) to a State under this Act is subject to the condition that the State will repay to the Commonwealth, on demand by the Treasurer, the amount by which, at the time of the demand, the total of the amounts paid to the State under this Act exceeds the total of the amounts that have become payable to the State under this Act.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
SCHEDULE Section 9(2)
ALLOCATION OF ASSISTANCE AMONGST STATES IN RESPECT OF FIRST YEAR TO WHICH THIS ACT APPLIES
State | Amount |
$ | |
New South Wales......................................................................................................... | 3,096,000 |
Victoria......................................................................................................................... | 2,136,000 |
Queensland................................................................................................................... | 1,224,000 |
South Australia............................................................................................................. | 584,000 |
Western Australia......................................................................................................... | 744,000 |
Tasmania....................................................................................................................... | 216,000 |
| 8,000,000 |
0
0
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