Nation Building Program (National Land Transport) Act 2009 - Variation of the Nation Building Program Roads to Recovery List - Instrument No. 2010/1

Overview

The "Variation of the Nation Building Program Roads to Recovery List Instrument No. 2010/1," enacted in 2010, is an administrative instrument designed to address a specific issue under the Nation Building Program (National Land Transport) Act 2009. This legislation was introduced to ensure the accuracy and relevance of funding allocations within the program by allowing for corrections and updates to the list of funding recipients. The Act, enacted by the Australian Parliament, aims to streamline the management of national land transport infrastructure projects by providing a clear framework for determining and adjusting funding allocations. This instrument specifically serves the policy objective of maintaining the integrity and accuracy of the funding recipients' list by updating the name of a recipient organisation, in this case, changing "Nepabunna Community Incorporated" to "Nipapanha Community Incorporated." The instrument was signed by the Minister or their delegate under subsection 88(3) of the Act, which permits changes to the list to correct errors or update names. This action ensures that the funding allocations continue to accurately reflect the intended recipients, thereby maintaining the program's effectiveness and accountability. The change from "Nepabunna Community Incorporated" to "Nipapanha Community Incorporated" exemplifies the practical application of this provision, ensuring that the program's administrative records align with the current legal entities involved.

Scope and Application

The Variation of the Nation Building Program Roads to Recovery List Instrument No. 2010/1 is a legislative instrument made under the authority of the Nation Building Program (National Land Transport) Act 2009. This Act mandates the Minister to determine a list of funding recipients and their respective allocations for the Roads to Recovery program. The allocations, once determined, are not to be altered except under specific circumstances outlined in the Act, such as correcting an error or updating the name of an entity on the list. The instrument in question pertains specifically to the name change of the Nepabunna Community Incorporated to the Nipapanha Community Incorporated, thereby ensuring the list remains accurate and reflective of current entities involved in the program. This instrument exemplifies the legislative process to maintain the integrity and accuracy of the funding allocations as specified in the Act. The instrument operates within the Commonwealth jurisdiction and does not introduce any new exclusions, exemptions, or thresholds beyond those already established in the primary legislation.

Key Provisions

The key provisions of F2010L02814, an instrument under the Nation Building Program (National Land Transport) Act 2009, relate to the variation of the Roads to Recovery list of funding recipients and their allocations. Section 88(3) of the Act allows for the list to be amended to correct errors or to update the names of entities specified in the list. This particular instrument, Instrument No. 2010/1, updates the name of the Nepabunna Community Incorporated to the Nipapanha Community Incorporated, reflecting the recent name change of the entity. Under the Act, the Minister or a delegate is empowered to sign an instrument to vary the list of funding recipients and their allocations as necessary. This means that the Minister can make changes to the list to ensure accuracy and reflect any relevant updates, such as changes in the names of organisations. The Act specifies that the only circumstances under which the list can be altered are to correct errors or to update names, ensuring that the list remains current and accurate. The Act imposes specific obligations on the Minister or the delegate responsible for managing the Roads to Recovery list. They must ensure that the list accurately reflects the current recipients of funding and their allocations. When an error is identified or a name change occurs, it is the responsibility of the Minister or delegate to sign an instrument to update the list accordingly. This maintains the integrity and reliability of the list, ensuring that funding is directed to the correct recipients. There are no explicit provisions within the Act or the instrument that detail specific offences, penalties, or consequences for breaches. However, given the statutory context, any failure to comply with the requirements of the Act or the instrument could potentially be subject to review or action under the general administrative law principles of Australia. This may include judicial review if a party believes that a decision to vary the list was made in an unlawful, irrational, or procedurally unfair manner. The instrument itself, F2010L02814, is a straightforward update to correct a clerical error in the name of a funding recipient. By updating the name from Nepabunna Community Incorporated to Nipapanha Community Incorporated, the instrument ensures that the list of recipients remains accurate and up-to-date, aligning with the statutory requirements and the purposes of the Act.