Australian Land Transport Development Amendment Act 1993

Overview

The Australian Land Transport Development Amendment Act 1993 was enacted to make amendments to the Australian Land Transport Development Act 1988. This Act was introduced by the Parliament of Australia to address issues related to the management and funding of the Australian Land Transport Development Fund, which was established under the principal Act to finance land transport development projects. The primary policy objective of this amendment was to ensure the continued operation and funding of the Fund beyond its initially stipulated period. This was achieved by removing certain temporal constraints on the Fund and eliminating the requirement to close it by a specific date, thereby providing more flexibility in the management of the Fund's resources.

Scope and Application

The Australian Land Transport Development Amendment Act 1993 amends the Australian Land Transport Development Act 1988, extending its scope and modifying its provisions to better support the development of land transport infrastructure across Australia. This Act applies to the entities and activities involved in the development of land transport infrastructure, which includes roads, railways, and other transport systems, as defined under the Principal Act. The amendments extend the geographic and jurisdictional reach of the Act to cover all states and territories within the Commonwealth of Australia, ensuring a cohesive approach to land transport development across the nation. Notably, the Act removes the stipulation that contributions to the Australian Land Transport Development Fund must be made before January 1, 1994, thereby potentially allowing for ongoing contributions and activities related to the fund. Additionally, it repeals Section 25 of the Principal Act, which previously allowed for the closure of the fund. The Act’s provisions can be further extended or restricted through subordinate instruments, enabling more detailed regulation and oversight of land transport development activities as needed.

Key Provisions

The Australian Land Transport Development Amendment Act 1993 (section 1) amends the Australian Land Transport Development Act 1988, which is referred to as the Principal Act. This amendment act is effective from the date of Royal Assent (section 2). One of the primary changes introduced by the amendment is the modification of section 12 of the Principal Act. Specifically, subsections (1) and (2) are altered by removing the reference to the date of 1 January 1994 (section 3). This change effectively removes the previous temporal limitation that was set for the payment of money into the fund established under the Principal Act. Another significant amendment is the repeal of section 25 of the Principal Act (section 4), which previously stipulated the conditions under which the fund would be closed. Under the amended legislation, the obligations on the relevant parties or entities are adjusted to reflect the changes in the timelines and fund management. The removal of the date reference in section 12 indicates that there is no longer a strict cut-off date for contributions to the fund, suggesting a more flexible approach to fund management. The repeal of section 25 eliminates any previously specified criteria or conditions for closing the fund, thereby potentially extending its operational period and allowing for more fluid management of the fund's resources. Breaches of the provisions under the amended Principal Act could lead to various consequences. Although the specific offences, penalties, or consequences are not detailed within the excerpted sections of the Act, it is generally understood that non-compliance with legislative requirements can lead to enforcement actions. In the context of transport development and fund management, such breaches could result in civil penalties, administrative actions, or other legal consequences as prescribed by the overarching legislation or related regulations. The maximum penalties, if applicable, would depend on the specific nature of the breach and the provisions of the Principal Act or other relevant laws.