Australian Land Transport (Financial Assistance) Amendment Act 1987

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Australian Land Transport (Financial Assistance) Amendment Act 1987

No. 94 of 1987

 

An Act to amend the Australian Land Transport (Financial Assistance) Act 1985, and for related purposes

[Assented to 5 November 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Australian Land Transport (Financial Assistance) Amendment Act 1987.

(2) In this Act, “Principal Act” means the Australian Land Transport (Financial Assistance) Act 19851.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “approved organization” and substituting the following definition:

“ ‘approved organisation’ means:

(a) an approved research organisation;

(b) an approved road safety organisation; or

(c) an approved administrative organisation;”; and


(b) by inserting in subsection (1) the following definition in its appropriate alphabetical position (determined on a letter-by-letter basis):

“ ‘approved administrative organisation’ means an organisation in respect of which a declaration under subsection 8 (2a) is in force;”.

Declaration of approved research organisations, approved road safety organisations and approved administrative organisations

4. Section 8 of the Principal Act is amended:

(a) by inserting after subsection (2) the following subsection:

“(2a) The Minister may declare an organisation that incurs, or that proposes to incur, administrative costs (including payments in the nature of salary) that relate directly to land transport administration to be an approved administrative organisation for the purposes of this Act.”; and

(b) by omitting from subsection (3) “subsection (1) or (2)” and substituting “this section”.

Modification of rate applicable under section 14 in 1986-87

5. Section 14a of the Principal Act is amended by inserting in subsection (1) “to 30 June 1987” after “1 July 1986”.

6. After section 14a of the Principal Act the following section is inserted:

Modification of rate applicable under section 14 from July 1987

“14b. (1) Notwithstanding section 14, this Act shall be deemed to have had effect from 1 July 1987 as if the relevant rate were 3.241 cents per litre.

“(2) Nothing in subsection (1) affects the validity of a payment made before the commencement of this section.”.

Indexation of relevant rate

7. (1) Section 15 of the Principal Act is amended by inserting in paragraph (4) (b) “after 30 June 1987’’ after “section”.

(2) Nothing in this section affects applications of section 15 of the Principal Act before the commencement of this Act in respect of rates applicable before that commencement.

Application of Fund

8. Section 16 of the Principal Act is amended:

(a) by omitting from paragraph (c) “and”; and

(b) by adding at the end the following word and paragraph:

“; and (e) to an approved administrative organisation:


(i) for expenditure by the organisation in meeting administrative costs (including payments in the nature of salary) relating directly to land transport administration; and

(ii) for reimbursement for expenditure by the organisation on or after 1 July 1987 and before the day of commencement of this paragraph in meeting such costs;

under programs approved under subsection 26 (3).”.

Limitation of allocations for financial years 1987-1988, 1988-1989 and 1989-1990

9. Section 18 of the Principal Act is amended:

(a) by omitting from subsection (1) “47.012%” and substituting “46.878%”;

(b) by inserting in subsection (2) “of land transport administration,” after “carrying out”; and

(c) by omitting from subsection (2) “0.618%” and substituting “0.752%”.

Closing of Fund

10. Section 25 of the Principal Act is amended by adding at the end the following paragraph:

“; (e) to an approved administrative organisation or approved administrative organisations for expenditure of the kind referred to in paragraph 16 (e).”.

Approval of projects and programs

11. Section 26 of the Principal Act is amended:

(a) by omitting from paragraph (1) (d) “and”; and

(b) by adding at the end of subsection (1) the following word and paragraph:

“; and (f) an approved administrative organisation to submit particulars of programs relating to land transport administration that are being, or are to be, carried out by the organisation and that are connected with the operation of this Act.”.

Statements of expenditure etc. to be given

12. (1) Section 30 of the Principal Act is amended by omitting subparagraph (1) (a) (ii) and substituting the following subparagraph:

“(ii) a report by the appropriate person stating:

(a) whether the statement is in the form approved by the Minister;

(b) whether, in the person’s opinion, the statement is based on proper accounts and records;


(c) whether the statement is in agreement with the accounts and records; and

(d) whether, in the person’s opinion, the expenditure of money has been in accordance with this Act.”.

(2) The amendment made by subsection (1) does not apply in relation to statements given under paragraph 30 (1) (a) of the Principal Act before the commencement of this section.

Transitional

13. (1) Where, because of sections 14b and 15 of the Principal Act as amended by this Act, the Principal Act as so amended is deemed to have had effect as if another rate (in this subsection called the “substituted rate”) were substituted for a rate on a particular day after 1 July 1987 and before the commencement of this Act, the Minister shall, as soon as practicable after the commencement of this Act, publish a notice in the Gazette specifying the substituted rate.

(2) There shall be paid out of the Australian Land Transport Trust Fund established by subsection 11 (1) of the Principal Act (in this subsection called the “Fund”), to the Consolidated Revenue Fund, an amount equal to the sum of:

(a) the difference between:

(i) the sum of the amounts paid into the Fund under subsection 12 (1) of the Principal Act during the period commencing on 1 July 1987 and ending immediately before the commencement of this Act; and

(ii) the sum of the amounts that would have been paid into the Fund under that subsection during that period if the rate specified in the notice published under section 14 of the Principal Act on 30 July 1986 had been 3.241 cents per litre; and

(b) an amount that the Minister, by notice published in the Gazette, declares to represent income derived from the investment of money representing the difference referred to in paragraph (a).

 

NOTE

1. No. 59, 1985, as amended. For previous amendments, see No. 162, 1986.

[Minister’s second reading speech made in—

House of Representatives on 15 September 1987

Senate on 21 October 1987]

Overview

The Australian Land Transport (Financial Assistance) Amendment Act 1987 was enacted to amend the Australian Land Transport (Financial Assistance) Act 1985. This legislation was introduced to address the need for adjustments to the financial assistance framework for land transport administration in Australia, including modifications to the rates applicable for the financial year 1986-87 and subsequent years, as well as the introduction of a new category of approved organisations—approved administrative organisations—that could incur and be reimbursed for administrative costs directly related to land transport administration. The Act was passed by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, aiming to refine and enhance the existing legislative provisions to better support the administration of land transport activities. The policy objective underpinning this amendment was to ensure that financial assistance could be more effectively targeted towards administrative costs associated with land transport, thereby supporting the efficient and effective operation of land transport programs.

Scope and Application

The Australian Land Transport (Financial Assistance) Amendment Act 1987 amends the Australian Land Transport (Financial Assistance) Act 1985 to introduce several modifications aimed at refining the scope and operation of the financial assistance scheme for land transport administration. This Act applies to organisations that incur or propose to incur administrative costs directly related to land transport administration, which can now be declared as approved administrative organisations by the Minister. These organisations are entitled to financial assistance from the Australian Land Transport Trust Fund for specified administrative costs incurred on or after 1 July 1987 and before the commencement of the new provisions. The Act's geographic reach is national, as it pertains to the Commonwealth of Australia, and it impacts entities involved in land transport administration across the country. The Act also modifies the rate applicable to certain financial assistance provisions and indexes these rates to ensure they remain current. The Minister has the authority to make declarations and publish notices in the Gazette to implement these changes, and the Act includes provisions for the closing of the Trust Fund to approved administrative organisations.

Key Provisions

The Australian Land Transport (Financial Assistance) Amendment Act 1987 (section 1) amends the Australian Land Transport (Financial Assistance) Act 1985 (referred to as the Principal Act). This amendment introduces new definitions and provisions to clarify and expand the scope of financial assistance for land transport administration. The Act comes into effect on the day of Royal Assent (section 2). The Act modifies the definition of "approved organisation" (section 3) to include "approved administrative organisation" (section 4). It also allows the Minister to declare an organisation that incurs administrative costs directly related to land transport administration as an approved administrative organisation (section 4). The rate applicable under section 14 is modified for the 1986-87 period (section 5) and a new rate is set for July 1987 (section 6). The relevant rate is indexed to adjust for inflation after 30 June 1987 (section 7). Organisations can apply for financial assistance to cover administrative costs related to land transport administration (section 8). The allocation of funds for financial years 1987-1988, 1988-1989, and 1989-1990 is adjusted (section 9). The Fund will also cover expenditures for approved administrative organisations (section 10). Approved administrative organisations must submit particulars of their programs (section 11). Statements of expenditure must include a report confirming compliance with the Act (section 12). The Act also addresses transitional arrangements for rate changes and fund adjustments (section 13). It specifies that where there is a substituted rate due to the amendments, the Minister must publish a notice in the Gazette and make a payment from the Australian Land Transport Trust Fund to the Consolidated Revenue Fund (section 13). Failure to comply with the Act can lead to civil or criminal penalties, although specific penalties are not detailed in the text provided. The amendments clarify and expand the scope of financial assistance for land transport administration and ensure proper accounting and reporting.

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Environmental Law
Instrument
Act
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
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Compliance Obligations
Funding & Financial Assistance

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.