Roads Grants Amendment Act 1982

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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Roads Grants Amendment Act 1982

No. 43 of 1982

 

An Act to amend the Roads Grants Act 1981

[Assented to 9 June 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Roads Grants Amendment Act 1982.

(2) The Roads Grants Act 19811 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended by inserting after the definition of national road in sub-section (1) the following definition:

“‘relevant year means the year commencing on 1 July 1981 or any of the 3 next succeeding years;.

Interpretation

4. Section 4 of the Principal Act is amended by omitting the definition of relevant year.

Approval of programs

5. Section 7 of the Principal Act is amended by omitting from paragraph (8) (b) 1983 and substituting 1984.

Grants for arterial roads

6. Section 10 of the Principal Act is amended—

(a) by omitting the year commencing on 1 July 1981 and substituting each year specified in Schedule 2; and

(b) by omitting in accordance with Schedule 2 and substituting in respect of that year in accordance with that Schedule.

Condition of grant of financial assistance for arterial roads

7. Section 11 of the Principal Act is amended—

(a) by inserting in respect of a year after a State; and

(b) by omitting the year commencing on 1 July 1981 and substituting that year.

Principles relating to allocations for local roads

8. Section 13 of the Principal Act is amended—

(a) by omitting from sub-section (1) the year commencing on 1 July 1981 and substituting a relevant year;

(b) by inserting in paragraph (2) (a) in respect of a relevant year after sub-section (1);

(c) by inserting in paragraph (2) (b) in respect of a relevant year after sub-section; and

(d) by inserting in sub-section (2) in respect of that year after in respect of the State.

Approval of programs of allocations for local roads where no principles formulated

9. Section 14 of the Principal Act is amended—

(a) by omitting from sub-section (1) the year commencing on 1 July 1981 and substituting a relevant year; and

(b) by omitting from sub-section (2) the year commencing on 1 July 1981 and substituting a relevant year.

Grants for local roads

10. Section 15 of the Principal Act is amended—

(a) by omitting the year commencing on 1 July 1981 and substituting each year specified in Schedule 3; and

(b) by omitting in accordance with Schedule 3 and substituting in respect of that year in accordance with that Schedule.

Condition of grant of financial assistance for local roads

11. Section 16 of the Principal Act is amended—

(a) by inserting in respect of a year after a State;

(b) by omitting the year commencing on 1 July 1981 and substituting that year; and

(c) by inserting in paragraph (a) in respect of that year after the State.

Variations of amounts specified in Schedules by reason of inability to expend arterial or local roads grant

12. Section 17 of the Principal Act is amended—

(a) by inserting in sub-section (1) in respect of a relevant year after in relation to the State;

(b) by omitting from sub-section (1) the year commencing on 1 July 1981 and substituting that year;

(c) by inserting in sub-section (2) in respect of a relevant year after in relation to a State;

(d) by inserting in sub-section (2) in respect of that year after in relation to the State;

(e) by inserting in sub-section (3) in respect of a relevant year after a State;

(f) by inserting in paragraph (3) (a) in respect of that year after payment to the State;

(g) by inserting in paragraph (3) (a) in respect of that year after in relation to the State;

(h) by inserting in sub-section (4) in respect of a relevant year after a State;

(j) by inserting in sub-section (4) in respect of that year after specified in relation to the State; and

(k) by inserting in sub-section (4) in respect of that year after specified in Schedule 3 in relation to the State.

Variations of amounts specified in Schedules by reason of relative priorities

13. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (1) the year commencing on 1 July 1981 and substituting a relevant year;

(b) by inserting in sub-section (1) in respect of that year after specified in relation to the State;

(c) by omitting from sub-section (2) the year commencing on 1 July 1981 and substituting a relevant year;

(d) by inserting in sub-section (3) in respect of a relevant year after a State;

(e) by inserting in sub-section (3) in respect of that year after specified in relation to the State; and

(f) by inserting in sub-section (3) in respect of that year after specified in Schedule 3 in relation to the State.

Moneys expended after year in which they are paid to State

14. Section 19 of the Principal Act is amended by omitting from sub-section (2) the year commencing on 1 July 1981 and substituting a year.

Moneys deemed to have been expended on national roads projects

15. Section 20 of the Principal Act is amended by omitting from sub-section (1) a year that is a relevant year within the meaning of Part II and substituting a relevant year.

Additional conditions with respect to Part II projects

16. Section 24 of the Principal Act is amended by omitting a year that is a relevant year within the meaning of Part II from the definition of approved project in sub-section (2) and substituting a relevant year.

Additional conditions with respect to Part III projects

17. Section 25 of the Principal Act is amended—

(a) by inserting in respect of a relevant year after section 10;

(b) by omitting from paragraph (a) 1982 and substituting in that year; and

(c) by omitting from paragraph (a) the year ending on that date and substituting that year.

Authority to borrow

18. Section 29 of the Principal Act is amended by omitting a year that is a relevant year within the meaning of Part II and substituting a relevant year.

Schedules

19. The Schedules to the Principal Act are repealed and the Schedules set out in the Schedule to this Act are substituted.

 


SCHEDULE Section 19

NEW SCHEDULES TO BE INSERTED IN PRINCIPAL ACT

 

SCHEDULE 1 Section 8

NATIONAL ROADS

Column 1

Column 2

Column 3

Column 4

Column 5

State

Year commencing 1 July 1981

Year commencing 1 July 1982

Year commencing 1 July 1983

Year commencing 1 July 1984

New South Wales.....

103,566,000

110,989,000

117,643,000

124,750,000

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

52,868,000

56,645,000

60,040,000

63,667,000

Queensland.........

59,893,000

64,204,000

68,053,000

72,164,000

South Australia.......

27,240,000

29,198,000

30,948,000

32,818,000

Western Australia.....

31,769,000

34,032,000

36,072,000

38,251,000

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

13,984,000

14,988,000

15,887,000

16,846,000

Northern Territory.....

13,399,000

14,372,000

15,233,000

16,153,000

SCHEDULE 2 Section 10

ARTERIAL ROADS

Column 1

Column 2

Column 3

Column 4

Column 5

State

Year commencing 1 July 1981

Year commencing

1 July 1982

Year commencing 1 July 1983

Year commencing 1 July 1984

New South Wales.....

64,503,000

69,110,000

73,252,000

77,677,000

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

52,599,000

56,362,000

59,741,000

63,350,000

Queensland.........

47,972,000

51,397,000

54,479,000

57,770,000

South Australia.......

16,659,000

17,849,000

18,919,000

20,062,000

Western Australia.....

28,754,000

30,805,000

32,652,000

34,625,000

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

8,037,000

8,605,000

9,121,000

9,672,000

Northern Territory.....

2,142,000

2,293,000

2,430,000

2,577,000

SCHEDULE 3 Section 15

LOCAL ROADS

Column 1

Column 2

Column 3

Column 4

Column 5

State

Year commencing 1 July 1981

Year commencing 1 July 1982

Year commencing 1 July 1983

Year commencing 1 July 1984

New South Wales.....

46,267,000

49,576,000

52,549,000

55,721,000

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

32,361,000

34,664,000

36,742,000

38,962,000

Queensland.........

31,496,000

33,747,000

35,769,000

37,931,000

South Australia.......

12,403,000

13,280,000

14,076,000

14,927,000

Western Australia.....

23,372,000

25,037,000

26,538,000

28,141,000

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

8,222,000

8,813,000

9,341,000

9,906,000

Northern Territory.....

7,494,000

8,034,000

8,515,000

9,030,000

NOTE

1. No. 88, 1981.

Overview

The Roads Grants Amendment Act 1982 is an Act of the Parliament of Australia that amends the Roads Grants Act 1981. The Act was enacted to make several adjustments to the original Act, including updating the financial allocations and timelines for grants related to roads. It was introduced to address the need for revised financial distributions for the specified years, ensuring that the funding aligns with the current fiscal arrangements and priorities. The policy objective of the Act is to provide a structured and updated framework for the distribution of grants for national, arterial, and local roads, facilitating efficient and effective infrastructure development across the states.

Scope and Application

The Roads Grants Amendment Act 1982 amends the Roads Grants Act 1981, which provides for grants for roads projects in Australia. The amendment Act applies to the Commonwealth of Australia and its states and territories, focusing on the allocation and conditions of grants for national, arterial, and local roads. It specifies that the provisions apply to each year within the relevant years defined in the Act, which are the year commencing on 1 July 1981, and the three succeeding years. The Act does not specify exclusions or exemptions but provides detailed amendments to the Principal Act, altering definitions, timelines, and conditions for grant approval and expenditure. The application of the Act is further defined and extended through the schedules that detail the amounts allocated for each state for national, arterial, and local roads for each relevant year. These schedules are integral to the Act, providing specific figures and thereby extending the application of the Act beyond its core provisions.

Key Provisions

The Roads Grants Amendment Act 1982 amends the Roads Grants Act 1981, primarily to adjust the allocation of grants for roads over a specified period. The operative sections of the Act modify the definitions and provisions concerning the allocation of funds for national, arterial, and local roads. For instance, section 3 amends the definition of "relevant year" to include the year starting 1 July 1981 and the three succeeding years. Section 5 adjusts the year for which programs must be approved, changing the reference from 1983 to 1984. Grants for arterial roads, as detailed in section 6, are to be allocated according to the new Schedule 2 for each specified year, rather than the original schedule. Similarly, section 7 modifies the conditions of grants for arterial roads, aligning them with the specified years instead of a fixed date. The principles for the allocation of funds for local roads, covered in section 8, are updated to reference "relevant years" rather than a specific start date. The Act also adjusts the approval of programs for local roads and the grant conditions for local roads, as seen in sections 9 and 10 respectively. Additionally, it addresses variations in grant amounts due to unexpended funds or relative priorities, as outlined in sections 12 and 13. The Act imposes several obligations on the parties it governs. For example, it requires the approval of specific programs for the allocation of funds for both arterial and local roads. It also mandates that grants for these roads are to be allocated according to the schedules specified in the Act. The Act further imposes conditions on the grant of financial assistance for both arterial and local roads, ensuring that the funds are used in accordance with the provisions outlined in the amended sections. The Act also sets out the circumstances under which the amounts specified in the schedules may be varied, such as due to inability to expend the grant or relative priorities. Failure to comply with the provisions of the Act can result in various consequences. While the Act does not explicitly detail criminal or civil penalties for breaches, non-compliance could potentially lead to legal challenges or disputes regarding the allocation and use of funds. The Act’s amendments aim to provide clarity and ensure that the funds are distributed according to the updated schedules and conditions. It is important for entities governed by the Act to adhere to these provisions to avoid any potential legal repercussions or disputes.

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