Tasmania Grant (Gordon River Road) Act 1964

Overview

The Tasmania Grant (Gordon River Road) Act 1964 was enacted to provide financial assistance to the State of Tasmania for the construction of a road in the Gordon River area. This Act was assented to on 23 April 1964 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary purpose of this legislation is to support the development of infrastructure within Tasmania, specifically the construction of a road approximately fifty miles long from Kallista near Maydena to the junction of the Gordon and Serpentine Rivers. The financial assistance provided is subject to the State meeting certain conditions, including furnishing specified information regarding the proposed expenditure on the road's construction and adhering to approved standards of design and construction.

Scope and Application

The Tasmania Grant (Gordon River Road) Act 1964 applies to the State of Tasmania and pertains specifically to the financial assistance provided by the Commonwealth for the construction of a road in the Gordon River area within Tasmania. This Act is limited in its geographic reach, applying solely to the State of Tasmania, and its temporal scope is confined to the prescribed period of four years starting from July 1, 1963. The Act authorises the Treasurer to approve standards of design and construction for the Gordon River road, and stipulates that any expenditure not adhering to these approved standards may result in a withholding of payments under the Act. Additionally, the Act mandates that the State of Tasmania must furnish certain information to the Treasurer to be eligible for financial assistance, including statements and certificates pertaining to the road construction expenditure. The Act also ensures that the amounts expended by the State in relation to the Gordon River road are excluded from being considered under the Commonwealth Aid Roads Act 1959. The Act further provides for the possibility of advances to the State and sets out conditions for repayment in case of overpayments, with all amounts payable to the State being appropriated out of the Consolidated Revenue Fund.

Key Provisions

The Tasmania Grant (Gordon River Road) Act 1964, as its title suggests, is an Act to provide financial assistance to the State of Tasmania for the construction of a road in the Gordon River area. The main operative sections of the Act, section 4, establish that financial assistance is payable to the State for the amounts it expends on the construction of the Gordon River road during a specified period, not exceeding a total of £2,500,000 (section 4(1) and (2)). Section 5 allows the Treasurer to approve standards of design or construction for the road, with the possibility of withholding payments if these standards are not met. Section 6 details the information the State must furnish to the Treasurer in order to be eligible for financial assistance, including statements and certificates concerning the expenditure. Section 7 excludes certain expenditures from being considered under another Act, the Commonwealth Aid Roads Act 1959. Section 8 provides for the possibility of advances from the Commonwealth to the State, while section 9 and 10 deal with overpayments and appropriation of funds, respectively. The Act imposes several obligations on the parties involved. The State of Tasmania is required to provide the Treasurer with specified information and documentation concerning the construction of the road, including statements and certificates as outlined in section 6. Additionally, the State must adhere to the standards of design or construction approved by the Treasurer as stated in section 5. Failure to comply with these requirements may result in the withholding of payments. The Commonwealth, through the Treasurer, is responsible for approving standards of design or construction, making advances to the State if deemed necessary, and ensuring that any overpayments made to the State are repaid. Breaches of the Act may have both civil and criminal consequences, though the Act itself does not explicitly detail these consequences. However, given the nature of the Act, breaches may result in the withholding of financial assistance, which could have significant financial implications for the State of Tasmania. Moreover, if the Act is seen to be in conflict with another piece of legislation, such as the Commonwealth Aid Roads Act 1959, this could lead to legal disputes and potential penalties as determined by the courts. It is also worth noting that section 9 provides for the repayment of any overpayments made to the State, which could result in financial loss for the State if they fail to comply with the conditions of the Act.