Main Roads Development Act 1923

Legislation au C1923A00002 Not in force Act

Legislation content

MAIN ROADS DEVELOPMENT.

 

No. 2 of 1923.

An Act relating to Main Roads Development.

[Assented to 2nd July, 1923.]

Preamble.

BE it enacted by the Kings 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 Main Roads Development Act 1923.

Commencement.

2. This Act shall be deemed to have commenced on the thirtieth day of June One thousand nine hundred and twenty-three.

Appropriation of amount not exceeding £500,000.

3. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, an amount not exceeding Five hundred thousand pounds, for the purposes of this Act.

Payment of appropriation to Trust Account.

4.—(1.) For the purposes of this Act there shall be a Trust Account, known as the Main Roads Development Trust Account, which shall be kept in the books of the Treasury.

(2.)  The Account established in pursuance of this section shall be a Trust Account within the meaning of section sixty-two a of the Audit Act 1901-1920.

(3.)  Upon the commencement of this Act the amount appropriated by this Act shall be paid to and form part of the Main Roads Development Trust Account.

Grants to States for main roads development.

5. The Minister may, subject to this Act, pay from the Trust Account established in pursuance of this Act, to the Government of each State of the Commonwealth, amounts not exceeding those respectively specified in the Schedule to this Act.

Basis of payments.

6. The amount payable under the last preceding section shall not in the case of any State exceed One pound sterling for even-pound sterling expended by that State upon the development of main roads.

Questions to be decided by Minister.

7. Any question arising as to the amount of any payment proposed to be made under this Act, or as to the time of payment of any such amount, or as to the main roads in respect of which any such payment is made, shall be determined by the Minister, and his decision shall be final.


Methods of construction.

8. No payment shall be made under this Act unless—

(a) there is submitted to the Minister a proposal in writing, specifying the main roads upon which the money paid is to be expended, and containing full details of the proposed roads, including plans, method of construction and such other particulars as the Minister requires; and

(b) the proposal is approved by the Minister.

Regulations.

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all things which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to this Act, and in particular—

(a) for prescribing the classes of roads which are to be deemed to be main roads for the purposes of this Act; and

(b) for empowering the Minister to impose conditions in relation to the expenditure of any moneys paid or payable in pursuance of this Act.

 

THE SCHEDULE.

 

Maximum amount which may be paid to each State:—

£

New South Wales........................................

138,000

Victoria...............................................

90,000

Queensland............................................

94,000

South Australia..........................................

57,000

Western Australia........................................

96,000

Tasmania..............................................

25,000

 

Overview

The Main Roads Development Act 1923 was enacted to address the need for significant investment in the development and maintenance of main roads across Australia. This legislation was introduced to appropriate funds for the purpose of facilitating the development of major road infrastructure, which was critical for economic growth, regional connectivity, and overall national development. The Act was enacted by the Parliament of the Commonwealth of Australia, with the stated policy objective of providing financial assistance to the states for the development of main roads. This assistance was intended to promote uniform standards and improve the efficiency and effectiveness of road networks across the country. The Act established a Trust Account, known as the Main Roads Development Trust Account, to manage the appropriated funds. It allowed the Minister to make payments to the states based on the expenditure on main roads, subject to the approval of detailed proposals. The Act also provided the flexibility for the Governor-General to make regulations necessary for the implementation and administration of the Act, including the classification of main roads and conditions for the expenditure of funds.

Scope and Application

The Main Roads Development Act 1923 is a Commonwealth statute that pertains to the appropriation and disbursement of funds for the development of main roads across Australia's states. This Act applies to the Government of each State of the Commonwealth and mandates that grants for main roads development be paid from the Consolidated Revenue Fund into a Trust Account known as the Main Roads Development Trust Account. The Act specifies the maximum amounts that can be paid to each state, detailed in the schedule, and outlines that payments will not exceed one pound sterling for every pound expended by the states on the development of these roads. The Minister has the authority to make final decisions on the amounts and timing of payments, as well as the specific main roads to be financed, subject to the approval of written proposals submitted by the states. The Act also empowers the Governor-General to make regulations that are necessary for the effective implementation of the Act, including the classification of main roads and conditions for the expenditure of funds.

Key Provisions

The Main Roads Development Act 1923 (sections 1-9) sets out the framework for the appropriation and disbursement of funds for the development of main roads across the Commonwealth. The Act appropriates up to £500,000 from the Consolidated Revenue Fund to be deposited into the Main Roads Development Trust Account (section 4). The Minister, acting on behalf of the government, is empowered to pay grants to each State's government, up to the amounts specified in the Schedule, for the development of main roads (section 5). Payments are based on the principle of one pound sterling for every even pound sterling expended by a State on main road development (section 6). The Minister has final say in determining the amounts and timing of payments, as well as the specific roads to which funds are allocated (section 7). To receive any payment under this Act, a State must submit a detailed written proposal to the Minister, which includes plans, construction methods, and other required particulars (section 8). Additionally, the Governor-General may issue regulations necessary to implement the Act, including defining classes of roads considered as main roads and setting conditions for the expenditure of funds (section 9). Under this Act, States are required to submit detailed proposals for the development of main roads, including plans and methods of construction, to the Minister for approval (section 8). States must ensure that their expenditures on main road development align with the reimbursement principle set out in the Act, which is one pound sterling for every even pound sterling spent (section 6). The Minister retains the authority to make final decisions on the amounts and timing of payments, as well as the specific roads to be funded (section 7). The Act also mandates that the Governor-General can issue regulations necessary to give effect to the Act, including defining the classes of roads that qualify as main roads and setting conditions for the expenditure of funds (section 9). The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, failure to comply with the requirements and conditions set out in the Act, such as not submitting proper proposals or misallocating funds, could result in the Minister withholding payments or imposing other administrative sanctions. The Act’s provisions are designed to ensure that funds are used efficiently and effectively for the intended purpose of developing main roads across the Commonwealth.

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Planning & Development Law
Instrument
Act
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Commencement Provisions
Licensing & Registration
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.