Commonwealth Aid Roads Act 1969

Legislation au C1969A00041 Not in force Act

Legislation content

Commonwealth Aid Roads

No. 41 of 1969

An Act to Grant Financial Assistance to the States in relation to Roads.

[Assented to 14 June 1969]

[Date of commencement 12 July 1969]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Commonwealth Aid Roads Act 1969.

Interpretation.

2.—(1.) In this Act, unless the contrary intention appears—

“construction”, in relation to a road, includes—

(a) the reconstruction of a road;

(b) the bringing of a road to a higher standard; and

(c) the acquisition of land for the purpose of constructing a road,

but does not include the maintenance of a road;

“maintenance” includes repair;

“road” includes—

(a) a road sign;

(b) traffic control equipment;

(c) street lighting equipment;

(d) a vehicular ferry; or

(e) a bridge or tunnel for the use of pedestrians,

associated with a road;

“road planning and research” includes—

(a) the investigation of transport by road in relation to other means of transport; and

(b) research into road safety, the design of vehicles and the behaviour of road users;

“road works” means—

(a) the construction of roads;

(b) the maintenance of roads; and

(c) the doing of anything in relation to roads that is for the time being approved by the Treasurer for the purposes of this definition,

and includes road planning and research;

“rural arterial road” means a rural road that is for the time being declared by the Minister to be a rural arterial road for the purposes of this Act;


“rural road” means a road or proposed road not in an urban area;

“the Minister” means the Minister of State for Shipping and Transport;

“urban area” means an area designated by the Commonwealth Statistician, for the purposes of the Census taken in the year One thousand nine hundred and sixty-six, as—

(a) the Sydney Statistical Division;

(b) the Melbourne Statistical Division;

(c) the Brisbane Statistical Division;

(d) the Adelaide Statistical Division;

(e) the Perth Statistical Division;

(f) the Hobart Statistical Division;

(g) Urban Newcastle;

(h) Urban Wollongong;

(i) Urban Geelong;

(j) Urban Launceston;

(k) Urban Townsville;

(i) Urban Ballarat;

(m) Urban Gold Coast;

(n) Urban Toowoomba;

(o) Urban Rockhampton; or

(p) Urban Bendigo;

“urban arterial road” means a road or proposed road in an urban area that is for the time being declared by the Minister to be an urban arterial road, or urban sub-arterial…

Overview

The Commonwealth Aid Roads Act 1969 was enacted by the Parliament of Australia to address the need for financial assistance to the states for road construction and maintenance. The Act provides grants to the states for the construction and maintenance of urban and rural roads, as well as for road planning and research. It also establishes a mechanism for supplementary grants to certain states and outlines conditions for the repayment of grants. The policy objective of the Act is to improve the quality and accessibility of roads across Australia by providing financial assistance to the states.

Scope and Application

The Commonwealth Aid Roads Act 1969 applies to the States of Australia and is designed to provide financial assistance to the States for road-related projects. The Act provides for the payment of principal grants to all States, with additional supplementary grants to South Australia, Western Australia, and Tasmania. These grants are intended for the construction and maintenance of roads, including urban arterial roads, rural arterial roads, other rural roads, and activities related to road planning and research. The Act outlines specific expenditure requirements for each State, detailing the amounts to be allocated to various types of road construction and maintenance projects, as stipulated in the schedules to the Act. The geographic reach of the Act is national, applying to all States within Australia. The Act does not explicitly state exclusions or exemptions; however, the expenditure of grant moneys must adhere strictly to the purposes outlined in the Act, with oversight provided by the Minister of State for Shipping and Transport and the Treasurer. The Act also includes provisions for the repayment of grants if conditions are not met or if overpayments are identified. The Act extends its application through the schedules which detail specific allocations and conditions for the grants.

Key Provisions

  • The Commonwealth Aid Roads Act 1969 (C1969A00041) provides financial assistance to the states for the construction and maintenance of roads. According to Section 3, the Commonwealth is to pay specified amounts to the states for financial assistance. These amounts are divided among the states as per the First Schedule of the Act. For instance, for the year commencing 1st July 1969, the total amount of $180 million is to be distributed among the states, with New South Wales receiving $57 million, Victoria $38 million, and so on.
  • States must use these funds for specific purposes. According to Section 4, each state is to expend certain amounts on the construction of urban arterial roads, rural arterial roads, and other rural roads, as well as on road planning and research, as detailed in the Second, Third, Fourth, and Fifth Schedules respectively. For example, for the year commencing 1st July 1969, New South Wales is to spend $27 million on urban arterial roads, $8.7 million on rural arterial roads, and $19.8 million on other rural roads.
  • The Act imposes obligations on the states to use the funds within specified periods and for the purposes stated. Section 7 mandates that funds must be expended or set aside for expenditure within the year they are received and, if set aside, must be spent within 18 months. Moreover, according to Section 8, if a state's expenditure from its own resources on road works is less than its quota for the year, it must pay the difference to the Commonwealth. Conversely, if a state's expenditure exceeds its quota, the excess can be considered as expenditure in the next year.
  • Failure to comply with the conditions set by the Act can lead to civil consequences. Under Section 10, if the Treasurer determines that an overpayment has been made, the state must repay the excess amount. Additionally, if the Minister finds that a state has failed to comply with the conditions applicable to the funds, the state must repay a sum determined by the Minister. The Act also allows for the deduction of repayable amounts from future payments to the state.
  • The Act outlines no criminal penalties but provides for civil consequences for non-compliance, primarily in the form of financial restitution and administrative oversight.

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Area of Law
Environmental Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards
Offence Provisions
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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.