COMMONWEALTH AID ROADS AND WORKS.
No. 91 of 1948.
An Act to amend the Commonwealth Aid Roads and Works Act 1947.
[Assented to 21st December, 1948.]
[Date of commencement, 18th January, 1949.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Aid Roads and Works Act 1948.
(2.) The Commonwealth Aid Roads and Works Act 1947 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Aid Roads and Works Act 1947–1948.
Payments into Trust Account.
2. Section four of the Principal Act is amended—
(a) by omitting from paragraph (b) the word “and” (last occurring); and
(b) by inserting after that paragraph the following paragraph:—
“(ba) in each year during the period of two years which commenced on the first day of July, One thousand nine hundred and forty-eight, the sum of One million pounds; and”.
Payment of financial assistance to States.
3. Section six of the Principal Act is amended—
(a) by omitting sub-section (4.) and inserting in its stead the following sub-section:—
“(4.) There shall be payable for the purpose of financial assistance to the States out of the Trust Account—
(a) an amount of One million pounds out of each sum payable yearly to the Trust Account and to which paragraph (b) of section four of this Act applies; and
(b) the sum of One million pounds payable yearly to the Trust Account in pursuance of paragraph (ba) of section four of this Act.”; and
(b) by adding at the end of paragraph (c) of sub-section (5.) the following proviso:—
“Provided that, in respect of the year which commenced on the first day of July, One thousand nine hundred and forty-eighty a statement of the proposed expenditure by the State for that year on road construction and maintenance out of any amount payable to the State under paragraph (b) of sub-section (4.) of this section shall be submitted by the State to the Minister prior to the thirty-first day of December in that year.”.
Expenditure on strategic and other roads.
4. Section seven of the Principal Act is amended by omitting the proviso thereto and inserting in its stead the following proviso:—
“Provided that no amount shall be expended under, this section on any road, not being a road of access to Commonwealth property, unless—
(a) the Minister approves of that road as a strategic road; or
(b) the Minister is satisfied that the road forms part of the general road system of a State and that the standard of maintenance required by the Commonwealth is higher than that justified by the normal volume of traffic”.
Overview
The Commonwealth Aid Roads and Works Act 1948 was enacted to amend the Commonwealth Aid Roads and Works Act 1947, thereby addressing the need to provide further financial assistance to the states for the construction and maintenance of roads. The Act was passed by the Australian Parliament and received royal assent on 21st December 1948, commencing on 18th January 1949. It appropriates an additional grant from the House of Representatives and modifies the payment structure and conditions for financial assistance to the states. The policy objective is to ensure that financial aid is used effectively for strategic and necessary road projects, thereby supporting infrastructure development across the country.
The 1948 Act introduces amendments to the original Act, focusing on the allocation of funds into a Trust Account and the payment of financial assistance to the states. It specifies the amount to be paid into the Trust Account and the conditions under which these funds can be used for road construction and maintenance. Additionally, the Act requires states to submit expenditure proposals to the Minister, ensuring transparency and accountability in the use of allocated funds. This legislative change aims to streamline the process of financial assistance and ensure that resources are directed towards roads that meet strategic or high-maintenance requirements.
Scope and Application
The Commonwealth Aid Roads and Works Act 1948 applies to the financial assistance provided by the Commonwealth to the states for the construction and maintenance of roads. The Act amends the Commonwealth Aid Roads and Works Act 1947 by inserting specific provisions for payments into a Trust Account and the allocation of these funds to states for road-related projects. It mandates that certain sums be paid into the Trust Account and further specifies the conditions under which these funds can be disbursed to states for road construction and maintenance. The Act specifies that the funds must be used for strategic roads or roads that are part of the general road system of a state but require higher maintenance standards than justified by the traffic volume. The geographic reach of this Act is national, as it involves multiple states receiving funds from the Commonwealth Trust Account. The Act does not explicitly state any exclusions or exemptions, but it does impose conditions on the use of funds that states must adhere to. The application of the Act can be extended or restricted through subordinate instruments, as the Act allows for the insertion and omission of specific provisions and conditions.
Key Provisions
The Commonwealth Aid Roads and Works Act 1948 amends the Commonwealth Aid Roads and Works Act 1947, which is now referred to as the Principal Act, and together they form the Commonwealth Aid Roads and Works Act 1947–1948. The primary changes introduced by this Act concern the payments into the Trust Account and the allocation of these funds for financial assistance to the states.
Under section 2, the amendment specifies an additional payment of one million pounds to be made into the Trust Account each year for a two-year period commencing from 1 July 1948. This sum is in addition to the existing provisions under section 4(b) of the Principal Act. Furthermore, section 3 modifies the payment of financial assistance to the states by stipulating that one million pounds from each annual sum payable to the Trust Account will be allocated for this purpose, and an additional one million pounds will be paid yearly for this assistance as per section 4(ba) of the Act. This section also mandates that states must submit a statement of their proposed expenditure on road construction and maintenance, using funds received under this Act, to the Minister before 31 December of the relevant year.
The Act imposes specific obligations on the states receiving financial assistance. States must ensure that any expenditure on roads not directly accessing Commonwealth property is approved by the Minister as a strategic road or is part of the general road system of the state with a maintenance standard exceeding what is justified by the typical volume of traffic. This is outlined in the amended section 7 of the Principal Act. States must also submit detailed expenditure plans to the Minister for review and approval.
Breach of these obligations could potentially lead to non-compliance with the financial assistance terms, which might result in the withholding of funds. However, the Act does not explicitly state penalties or specific legal consequences for such breaches. The primary focus is on ensuring that funds are used for intended purposes and that strategic road projects receive appropriate priority and maintenance.