Appropriation (Urban Public Transport) Act 1977

Overview

The Appropriation (Urban Public Transport) Act 1977 was enacted to provide financial support for urban public transport initiatives across Australia. This Act was passed by the Australian Parliament to address the need for additional funding beyond what was already appropriated in previous acts related to urban public transport. The primary objective of this legislation was to facilitate the allocation of funds from the Consolidated Revenue Fund and the Loan Fund, thereby enabling the Commonwealth to meet its commitments under agreements such as the States Grants (Urban Public Transport) Act 1974. The Act also authorised the Treasurer to borrow up to a specified amount to cover the costs of borrowing and other related expenses, ensuring that financial resources were available to support urban public transport infrastructure and operations effectively.

Scope and Application

The Appropriation (Urban Public Transport) Act 1977 applies to the appropriation of funds from the Consolidated Revenue Fund and the Loan Fund for the purpose of urban public transport, as well as the authority to borrow moneys not exceeding the specified sum for these purposes. The Act authorises the Treasurer to borrow moneys in accordance with the Commonwealth Inscribed Stock Act 1911 or an Act authorizing the issue of Treasury Bills. The borrowed funds are to be used for expenses of borrowing, payments in accordance with the agreement under the States Grants (Urban Public Transport) Act 1974, and payments to the Consolidated Revenue Fund. The Minister for Finance may also authorise the reimbursement of amounts paid from the Consolidated Revenue Fund to that Fund from the Loan Fund. The Act has a national jurisdictional reach, as it is a Commonwealth Act, and it applies to the appropriation of funds for urban public transport across Australia. The Act was repealed by Act No. 118 of 1999 and its application may be extended or restricted through subordinate instruments.

Key Provisions

The Appropriation (Urban Public Transport) Act 1977 (section 3) allows for the payment of $30,310,000 from either the Consolidated Revenue Fund, the Loan Fund, or both, to support urban public transport initiatives as agreed under section 3 of the States Grants (Urban Public Transport) Act 1974. This amount is in addition to any sums appropriated by that Act and by the Appropriation (Urban Public Transport) Act 1974 and the Appropriation (Urban Public Transport) Act 1976. The Act also authorises the Treasurer to borrow moneys, up to the aggregate sum of $30,310,000, plus the expenses of borrowing (section 4). These borrowed funds can only be used for expenses related to borrowing, making payments under the agreement with the States Grants (Urban Public Transport) Act 1974, and for payments to the Consolidated Revenue Fund in accordance with section 6 (section 5). Additionally, the Minister for Finance is authorised to repay amounts paid out of the Consolidated Revenue Fund back into it from the Loan Fund (section 6(1)), although these repayments are not to be shown as receipts in the financial statements (section 6(2)). The Act also appropriates the Consolidated Revenue Fund and the Loan Fund as necessary for its purposes (section 7). The Act imposes specific obligations on the Treasurer and the Minister for Finance. The Treasurer is required to borrow the specified sum under the conditions set forth in the Act, and the borrowed funds must be used strictly for the purposes outlined in the Act, including the expenses of borrowing, payments under the agreement with the States Grants (Urban Public Transport) Act 1974, and payments to the Consolidated Revenue Fund (sections 4 and 5). The Minister for Finance, on the other hand, has the authority to make payments from the Loan Fund to the Consolidated Revenue Fund to repay amounts previously paid out, but these repayments are not to be recorded as receipts in the financial statements (section 6). The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any breaches of general financial and appropriation laws, or specific provisions within related Acts such as the Commonwealth Inscribed Stock Act 1911 or the Audit Act 1901, may result in legal consequences, including fines and imprisonment, depending on the nature and severity of the breach. The penalties for breaches of such related Acts can vary widely, and would need to be assessed in the context of the specific breach and the relevant laws.