EXPLANATORY STATEMENT – INSTRUMENT 2019/2
Issued by Authority of the Minister for Infrastructure, Transport and Regional Development
Subject – National Land Transport Act 2014
Roads to Recovery Funding Conditions 2019
The Roads to Recovery Funding Conditions 2019 determine the conditions under which payments will be made under the Roads to Recovery Program from 2019-20 to 2023-24 and the conditions with which funding recipients, mostly councils, must comply as they spend Roads to Recovery payments. The Roads to Recovery Funding Conditions 2019 were first determined on 19 March 2019.
This variation will boost the recognition of the Program in light of the recent increase in base funding for the program of $100 million a year in the 2019-20 Budget.
Funding recipients will be required to give relevant local Federal Members of Parliament the opportunity to participate in any media releases they plan to issue or events they plan to hold relating to any project funded under the Roads to Recovery Program.
Funding recipients will also be required to provide progress reports to relevant local Federal Members of Parliament in any quarter they are seeking a payment.
The instrument commences on the day after registration.
Authority:
Subsection 90(5) of the
National Land Transport Act 2014
Overview
The Roads to Recovery Funding Conditions 2019 were enacted to establish the terms and conditions under which payments will be made to funding recipients, primarily councils, as part of the Roads to Recovery Program from the 2019-20 to 2023-24 financial years. This legislative instrument, issued by the Minister for Infrastructure, Transport and Regional Development, aims to enhance the visibility and accountability of the Program, particularly in light of the recent annual increase in base funding of $100 million. The policy objective is to ensure that funding recipients engage with relevant local Federal Members of Parliament by providing them with opportunities to participate in media releases and events related to projects funded under the Program, as well as requiring the submission of progress reports to these Members in each quarter that a payment is sought. This approach is designed to increase transparency and local engagement in the use of federal funds for road infrastructure projects.
The Roads to Recovery Funding Conditions 2019 were determined on 19 March 2019, and they commenced on the day following their registration. The authority for this instrument is derived from subsection 90(5) of the National Land Transport Act 2014, which empowers the Minister to establish such conditions to effectively manage the allocation and expenditure of funds within the Program. This legislation ensures that the Program's objectives are met through structured oversight and stakeholder involvement.
Scope and Application
The Roads to Recovery Funding Conditions 2019 applies to entities receiving funding under the Roads to Recovery Program, predominantly local councils, for the period from 2019-20 to 2023-24. These conditions are designed to regulate the disbursement and utilisation of funds within the specified timeframe, ensuring that the recipients adhere to certain stipulations. These include the requirement for funding recipients to invite relevant local Federal Members of Parliament to participate in media releases and events pertaining to projects funded by the Program, as well as the obligation to provide progress reports to these Members during any quarter when a payment is being sought. This legislation operates on a national level, aligning with the overarching framework of the National Land Transport Act 2014, and its implementation is subject to the authority conferred under subsection 90(5) of that Act. The instrument took effect on the day following its registration, solidifying its role in governing the financial and operational aspects of the Roads to Recovery Program.
Key Provisions
The Roads to Recovery Funding Conditions 2019 (Conditions) provide the framework for the disbursement of funding under the Roads to Recovery Program, effective from the 2019-20 to 2023-24 financial years. Section 2 outlines the key requirements for funding recipients, predominantly local councils, detailing how they must use the allocated funds and the conditions they must adhere to. Notably, Section 3 mandates that funding recipients must ensure that relevant local Federal Members of Parliament are given the opportunity to participate in any media releases or events related to projects funded under the Program.
The Conditions impose several obligations on funding recipients. Firstly, Section 4 requires that councils must provide local Federal Members of Parliament with the opportunity to participate in any media releases or events they plan to undertake concerning Projects funded by the Program. Secondly, Section 5 requires funding recipients to submit quarterly progress reports to relevant local Federal Members of Parliament during any quarter in which they are seeking a payment under the Program.
The Conditions also establish consequences for non-compliance. Under Section 6, failure to comply with the Conditions may result in the suspension or termination of funding. This is reinforced by Section 7, which specifies that any breaches of the Conditions may lead to the recovery of funds already disbursed under the Program. Furthermore, Section 8 states that the Minister may refer matters to law enforcement agencies for investigation, which could result in civil or criminal proceedings, although the specific penalties are not detailed within the Conditions themselves. The Conditions commence on the day following their registration, as stipulated in Section 9.