Federal Aid Roads Act 1936

Legislation au C1936A00063 Not in force Act

Legislation content

FEDERAL AID ROADS.

 

No. 63 of 1936.

An Act to authorize the Execution by or on behalf of the Commonwealth of Agreements between the Commonwealth and the States in relation to the Construction, Re-construction, Maintenance or Repair of Roads, and to make provision for the carrying out thereof.

[Assented to 1st December, 1936.]

Preamble

WHEREAS it is expedient to provide for financial assistance to the several States for the purpose of the construction, re-construction, maintenance or repair of roads:

Be it therefore 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.

1. This Act may be cited as the Federal Aid Roads Act 1936.

Execution of agreements authorized.

2.—(1.) The execution, by or on behalf of the Commonwealth, of agreements in the form contained in the Schedule to this Act, between the Commonwealth and each State is hereby authorized.

(2.) The authority conferred by this section shall include authority for the execution of any agreement in the form contained in the Schedule to this Act executed before the commencement of this section.

Appropriation of moneys.

3. There shall be payable out of the Consolidated Revenue Fund, of moneys which is hereby appropriated accordingly, into the Trust Account established by section three of the Federal Aid Roads Act 1926, such amount as is necessary for the purposes of each agreement executed by the Commonwealth in pursuance of this Act.

 

Section 2 THE SCHEDULE.

——

Agreement made the day of    One thousand nine hundred and thirty-six Between the Commonwealth of Australia (in this Agreement called “the Commonwealth”) and the State of (here insert name of State) (in this Agreement called “the State”):

The Schedule—continued.

Whereas by an Agreement in the form contained in the Schedule to the Federal Aid Roads Act 1926 of the Commonwealth and made on the                            day of                            One thousand nine hundred and twenty-              between the Commonwealth and the State [which Agreement was approved adopted authorized and ratified by the (here insert the title of the State Statute) of the State and is hereinafter called the “Principal Agreement”] it was agreed (inter alia) that the Commonwealth would subject to and for the purposes of the Agreement provide the sum therein mentioned during the period of ten years commencing on the first day of July One thousand nine hundred and twenty-six:

And whereas by an Agreement in the form contained in the Schedule to the Federal Aid Roads Act 1931 of the Commonwealth and made on the                            day of                            One thousand nine hundred and thirty                            between the Commonwealth and the State [which Agreement was approved adopted authorized and ratified by the (here insert the title of the State Statute) of the State and is hereinafter called the “Amending Agreement”] it was agreed that the Principal Agreement should be varied as therein provided:

And whereas by the Principal Agreement as varied by the Amending Agreement it is provided (inter alia)—

(a) that the Commonwealth will subject to and for the purposes of the Principal Agreement as so varied provide during each year of the period of five years commencing on the first day of July One thousand nine hundred and thirty-one and during the period of six months commencing on the first day of July One thousand nine hundred and thirty-six a sum calculated as therein provided:

(b) that the Commonwealth shall in each year during the said period of five years and also during the said period of six months commencing on the first day of July One thousand nine hundred and thirty-six withdraw from moneys in the Trust Account therein mentioned and pay into the Sinking Fund therein mentioned an amount calculated as therein provided; and

(c).that the State shall on the date therein mentioned in each year after the expiration of the said periods of five years and six months pay into the said Sinking Fund an amount calculated as therein provided until the conditions therein mentioned are fulfilled.

And whereas the Commonwealth and the State have agreed to vary the Principal Agreement as varied by the Amending Agreement in the manner hereinafter appearing:

Now it is hereby agreed as follows:—

1. This Agreement shall have no force or effect and shall not be binding on either party unless and until it is approved adopted authorized or ratified by the Parliaments of the Commonwealth and of the State.

2. The Principal Agreement as varied by the Amending Agreement shall be read and construed as if wherever the words “six months” appear therein the words “twelve months” were inserted in lieu thereof.

3. Subject to the variations made by this Agreement, the Principal Agreement as varied by the Amending Agreement shall be of full force and effect.

In witness whereof the Prime Minister of the Commonwealth and the Premier of the State have hereunto set their hands the day and year first above written.

Signed by The Right Honourable Joseph Aloysius Lyons the Prime Minister of the Commonwealth for and on behalf of the Commonwealth in the presence of—

Signed by         the Premier of the State of                            for and on behalf of the State in the presence of—

Overview

The Federal Aid Roads Act 1936 was enacted by the Parliament of the Commonwealth of Australia to address the need for financial assistance to the states for the construction, reconstruction, maintenance, or repair of roads. The Act was introduced to provide a legal framework for the Commonwealth to enter into agreements with the states, thereby facilitating the necessary funding for road infrastructure projects across the country. The policy objective of this legislation was to ensure the efficient and timely development of road networks, which was vital for economic growth and interstate connectivity. The Act authorised the Commonwealth to execute agreements with the states in a form specified in the Schedule to the Act, appropriating moneys from the Consolidated Revenue Fund to a Trust Account established under a previous Act, the Federal Aid Roads Act 1926, to fund these agreements. This Act aimed to streamline the process of providing financial aid to the states for road projects and to formalise the terms under which such assistance would be provided.

Scope and Application

The Federal Aid Roads Act 1936 applies to agreements between the Commonwealth of Australia and each of its States regarding the construction, reconstruction, maintenance, or repair of roads. This Act authorizes the execution of these agreements, ensuring that the Commonwealth can provide financial assistance to the states for road-related projects. The geographic scope of the Act is national, encompassing all states within the Commonwealth, and it is administered at the federal level. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does reference prior agreements, indicating that its provisions build upon established frameworks. Additionally, the Act allows for the appropriation of necessary funds from the Consolidated Revenue Fund to support these agreements, and it mandates the use of a Trust Account as specified in the Federal Aid Roads Act 1926. The Act's authority can be extended or clarified through subordinate instruments, such as regulations or orders, which would be made under the authority of the Act.

Key Provisions

The Federal Aid Roads Act 1936 (section 2) authorises the Commonwealth to enter into agreements with each State concerning the construction, reconstruction, maintenance, or repair of roads. These agreements, which must be in the form outlined in the Schedule to this Act, can be executed even if they were made prior to the Act's commencement (section 2(1) and (2)). The Act specifies that funds necessary for these agreements will be paid out of the Consolidated Revenue Fund into a Trust Account established under the Federal Aid Roads Act 1926 (section 3). Under this Act, the obligations of the Commonwealth include the appropriation of funds into the Trust Account for the purposes of the executed agreements (section 3). The States, on the other hand, are obligated to ensure that the agreements are approved, adopted, authorised, or ratified by their respective Parliaments (Schedule, clause 1). Furthermore, the agreements must adhere to the variations specified in the Schedule, which include changes to the periods for which the Commonwealth is to provide funds and the contributions the States must make to a Sinking Fund. The Act does not explicitly detail offences or penalties for breaches of its provisions. However, given the nature of the Act and its focus on financial agreements, breaches could potentially lead to legal consequences under general principles of contract law, including actions for damages or specific performance. Additionally, given that the Act involves the appropriation of public funds, breaches might also be subject to scrutiny under public finance laws, potentially leading to administrative or disciplinary actions.

Legal classification tags

Area of Law
Infrastructure Law
Instrument
Act
Concepts
Definitions & Interpretation
Execution of agreements authorized
Appropriation of moneys
Trust Account
Catchwords
Agreements
Construction
Maintenance
Repair

Interactions

Authorises

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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.