Roads to Recovery Act 2000
No. 154, 2000
Roads to Recovery Act 2000
No. 154, 2000
An Act to provide funding to supplement expenditure on roads
Contents
Part 1—Preliminary
1 Short title...................................
2 Commencement...............................
3 Definitions..................................
4 Object.....................................
Part 2—Funding for roads
5 Gazettal of list of funding recipients...................
6 Payments to funding recipients......................
7 Funding conditions.............................
8 Replacement funding recipients......................
Part 3—Miscellaneous
9 Amounts repayable by funding recipient.................
10 Report to Parliament............................
11 Ministerial guidelines............................
12 Delegation..................................
13 Regulations..................................
Roads to Recovery Act 2000
No. 154, 2000
An Act to provide funding to supplement expenditure on roads
[Assented to 21 December 2000]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Roads to Recovery Act 2000.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act:
funding recipient means a funding recipient that is specified in the published list and includes a body that, under section 8, is a replacement for a funding recipient.
funding year means a financial year ending on 30 June in 2001, 2002, 2003, 2004 or 2005.
published list means the list published in the Gazette under section 5.
road includes any of the following associated with a road:
(a) a traffic sign;
(b) traffic control equipment;
(c) street lighting equipment;
(d) a vehicular ferry;
(e) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;
(f) a path for the use of persons riding bicycles.
roads expenditure means expenditure on the construction, upgrade or maintenance of roads.
tabled list means the funding allocation list that was tabled in the House of Representatives in relation to the Bill for this Act.
4 Object
The main object of this Act is to provide $1,200,000,000 for roads expenditure by local governing bodies.
Note: The total of the amounts set out in the tabled list is $1,200,000,000.
Part 2—Funding for roads
5 Gazettal of list of funding recipients
As soon as possible after the commencement of this Act, the Minister must publish a list in the Gazette, setting out:
(a) each of the amounts that was set out in the tabled list; and
(b) in relation to each of those amounts, the name of the funding recipient.
Note: The names set out in the tabled list are not necessarily the correct legal names of the funding recipients. The purpose of the published list is to substitute the correct legal names of the recipients.
6 Payments to funding recipients
(1) Subject to this Act, each amount set out in the published list is payable to the funding recipient concerned.
(2) The amount is payable in one or more instalments. The amounts and timing of instalments are to be determined by the Minister.
(3) The Consolidated Revenue Fund is appropriated for payments under this section.
(4) Payments under this section must be made before 1 July 2005.
7 Funding conditions
(1) The Minister must, by notice in the Gazette, determine the conditions that apply to payments under this Act.
(2) The conditions must include:
(a) conditions that require the money to be used for roads expenditure; and
(b) conditions that require the expenditure to be properly accounted for; and
(c) conditions that require the maintenance of levels of roads expenditure that are funded otherwise than under this Act; and
(d) conditions that require signs to be displayed in relation to projects that are funded under this Act.
(3) The conditions may also include:
(a) conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of the conditions; and
(b) conditions requiring the funding recipient to comply with guidelines determined by the Minister under section 11.
(4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.
(5) The Minister may, by notice in the Gazette, revoke or vary any of the conditions.
8 Replacement funding recipients
If a funding recipient ceases to exist before it has received the full amount payable to it, the Minister must, by notice in the Gazette, specify one or more bodies to replace it. A replacement body must be either a local governing body or a State.
Part 3—Miscellaneous
9 Amounts repayable by funding recipient
An amount that a funding recipient is liable to repay to the Commonwealth under the funding conditions:
(a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or
(b) may be deducted from any later instalment that would otherwise be payable to the recipient under this Act.
10 Report to Parliament
As soon as practicable after the end of each funding year, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during that funding year.
11 Ministerial guidelines
The Minister may publish administrative guidelines in relation to payments under this Act and in relation to the funding conditions.
12 Delegation
(1) The Minister may delegate all or any of his or her powers and functions under this Act to an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
13 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(196/00)
[Minister’s second reading speech made in—
House of Representatives on 30 November 2000
Senate on 5 December 2000]