Explanatory Statement – Determination – Variation to AusLink Roads to Recovery Payment List
Part 8 of the AusLink (National Land Transport) Act 2005 (the Act) provides for funding for the maintenance and construction of roads. Most of the funds will be provided to local government authorities.
Section 87 requires the Minister to determine in writing a list (the AusLink Roads to Recovery list) specifying:
(a) the amounts of Commonwealth funding that are to be provided under the AusLink Roads to Recovery Program; and
(b) in relation to each of those amounts, the name of the person or body that is to receive the amount.
This list was determined on 2 August 2005.
Section 88(3) provides that the Minister may, in writing, vary the list to correct an error or update the name of a person or body specified in the list. There have been a number of name changes flowing from a series of council amalgamations over the last couple of years in NSW which were not reflected in the original list determined on 2 August 2005. This determination updates the list to substitute the new names for the old. In most cases, the changes are minor eg the replacement of ‘Tumut Council’ with ‘Tumut Shire Council’.
This instrument was made under the delegation signed by the Minister for Transport and Regional Services (Minister’s AusLink Delegation Instrument 2005 (No.1)) on 7 September 2005.
The determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
All legal and other requirements needed to make this determination have been met.
No documents are incorporated in the instrument by reference.
This instrument has no effect on business nor does it restrict competition. The changes are purely technical and have no bearing on the funding available to any council.
Overview
The AusLink (National Land Transport) Act 2005, enacted by the Parliament of Australia, was introduced to facilitate funding for the maintenance and construction of roads, primarily targeting local government authorities. This Act aimed to ensure the efficient and effective management of road infrastructure across the nation. The AusLink Roads to Recovery Payment List, initially determined on 2 August 2005, specifies the amounts of Commonwealth funding allocated under the AusLink Roads to Recovery Program and the recipients of such funds. However, due to recent council amalgamations in New South Wales, certain names on the list required updating to reflect current authorities. The determination, made under the delegation signed by the Minister for Transport and Regional Services, corrects these discrepancies without altering the available funding or affecting business operations and competition. The legislative instrument, issued under the Legislative Instruments Act 2003, serves purely technical purposes, ensuring the list remains accurate and reflective of the current administrative landscape.
Scope and Application
The Determination – Variation to AusLink Roads to Recovery Payment List under the AusLink (National Land Transport) Act 2005 applies specifically to the Commonwealth funding distribution for the maintenance and construction of roads within Australia, primarily targeting local government authorities. This legislative instrument amends the AusLink Roads to Recovery list, which was initially determined on 2 August 2005, to reflect recent council amalgamations, particularly in New South Wales. The changes are technical, substituting former council names with updated ones to ensure accuracy without altering the amounts of funding or the scope of the AusLink Roads to Recovery Program. The determination is a legislative instrument under the Legislative Instruments Act 2003 and has been made pursuant to the Minister’s AusLink Delegation Instrument 2005 (No.1). It does not affect business operations or competition and maintains the integrity of the funding available to local councils.
Key Provisions
The primary sections involved in this legislation are sections 87 and 88(3) of the AusLink (National Land Transport) Act 2005. Section 87 requires the Minister to determine a list (the AusLink Roads to Recovery list) specifying the amounts of Commonwealth funding to be provided under the AusLink Roads to Recovery Program and the recipients of these funds. This list was initially determined on 2 August 2005. Section 88(3) allows the Minister to vary this list in writing to correct any errors or update the names of recipients, reflecting changes such as council amalgamations.
This legislation imposes specific obligations on the Minister for Transport and Regional Services. The Minister must ensure the AusLink Roads to Recovery list is accurate and up to date, reflecting any changes due to council amalgamations or other name changes. The Minister’s obligation includes the responsibility to review the list periodically and make necessary adjustments to maintain its accuracy. This determination was made under the delegation signed by the Minister for Transport and Regional Services on 7 September 2005.
The legislation itself does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, the accuracy and timely updating of the AusLink Roads to Recovery list are critical for the proper administration of the AusLink Roads to Recovery Program. Failure to maintain an accurate list could potentially lead to inefficiencies or misallocation of funds, although the specific legal ramifications of such failures are not detailed in the Act. The changes made by this determination are purely technical and do not affect the funding available to any council.