EXPLANATORY STATEMENT
Minute No. 16 of 2005 - Minister for Transport and Regional Services
Subject - AusLink (National Land Transport) Act 2005
Proclamation
Subsection 2(1) of the AusLink (National Land Transport Act 2005 (the Act) provides that Parts 3, 4, 5, 6, 7 and 8 of the Act commence on a single day to be fixed by Proclamation. However, if these provisions are not commenced within six months of the date on which the Act receives the Royal Assent, they commence on the first day after the end of that six month period. The Act received the Royal Assent on 6 July 2005.
The purpose of the Proclamation was to fix 28 July 2005 as the day on which Parts 3, 4, 5, 6, 7 and 8 of the Act commence.
The Act establishes a new framework for Australian Government funding of land transport infrastructure. On the Royal Assent, Part 1 (containing the preliminary provisions), Part 2 (dealing with the power to determine the National Land Transport Network), and Part 9 (miscellaneous provisions) came into effect.
Parts 3, 4, 5, 6, 7 and 8 of the Act deal respectively with arrangements governing funding for six separate programme funding categories. These Parts set out eligibility criteria and matters which may be considered in deciding whether it is appropriate for projects or activities to be approved, and for funding to be provided, under each funding category. These Parts also provide for conditions to apply to funding made available under each category.
The commencement date of 28 July 2005 allows time for detailed arrangements for implementation of the Act, including the determination of the National Land Transport Network, to be made. There are no explicit conditions that need to be met before the Proclamation can be made.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the AusLink
(National Land Transport) Act 2005