Urban Public Transport (Research and Planning) Act 1974

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URBAN PUBLIC TRANSPORT (RESEARCH AND PLANNING) ACT 1974

 

No. 46 of 1974

 

 

An Act to make Provision with respect to Research and Planning in con­nexion with Urban Public Transport.

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

Short title.

1. This Act may be cited as the Urban Public Transport (Research and Planning) Act 1974.

Commencement.

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

Interpretation.

3. (1) In this Act, unless the contrary intention appears—

“approved project” means a work or other matter that is approved by the Minister under section 4;

“research or planning in connexion with urban public transport” means scientific, technical or economic research, investigation or planning in connexion with public transport services in urban areas, and includes—

(a) the investigation of public transport services in urban areas in relation to other means of transportation in urban areas; and

(b) research into matters affecting the needs of persons requiring transportation in urban areas;

“urban area” means—

(a) an area designated for the purposes of the Census taken in the year 1971 as—

(i) the Sydney Statistical Division;

(ii) the Melbourne Statistical Division;

(iii) the Brisbane Statistical Division;

(iv) the Adelaide Statistical Division;

(v) the Perth Statistical Division; or

(vi) the Hobart Statistical Division; or

(b) a part of Australia that is, by virtue of a declaration under section 5, an urban area for the purposes of this Act;

“year to which this Act applies” means the period of 12 months that commenced on 1 July 1973.


(2) A reference in this Act to urban areas includes a reference to a particular urban area.

(3) A reference in this Act to an amount expended in respect of an approved project of a State is a reference to an amount expended in connexion with the carrying out of a work or other matter constituting or included in an approved project of the State, being a work or matter carried out in accordance with particulars of the work or matter approved by the Minister under section 4.

Approvals in respect of projects.

4. For the purposes of this Act, the Minister may—

(a) upon receipt of a request from a State, approve—

(i) a work or other matter by way of research or planning in connexion with urban public transport, being a work or matter carried out during the year to which this Act applies;

(ii) particulars of the work or matter so approved; and

(iii) the amount that is the approved cost of the work or matter so approved for the purposes of this Act; and

(b) revoke or vary any such approval.

Urban areas.

5. The Minister may, by notice published in the Gazette, declare a specified part of Australia to be an urban area for the purposes of this Act, or vary such a declaration.

Grant of financial assistance to the States.

6. (1) Subject to this Act, where a State has, during the year to which this Act applies or, subject to sub-section (2), after the expiration of that year, expended an amount in respect of an approved project of the State, there is payable to the State, by way of financial assistance, an amount equal to two-thirds of the amount so expended.

(2) An amount is not payable to a State in relation to an amount expended by the State after the expiration of the year to which this Act applies unless—

(a) the amount is or was expended for the purposes of meeting commitments undertaken during that year; and

(b) the amount is or was so expended before 1 January 1975.

(3) The sum of the amounts paid under this Act to a State in respect of an approved project of the State shall not exceed two-thirds of the amount that is, for the purposes of this Act, the approved cost of the work or other matter comprising the project.

Limitations on expenditure on approved projects.

7. Payments (including advances) to the States under this Act—

(a) shall not exceed, in the aggregate, the sum of $ 1,000,000; and

(b) shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.


Evidence of expenditure.

8. A State is not entitled to a payment under sub-section 6 (1) in relation to any expenditure in respect of a work or other matter comprising an approved project of the State unless the State has furnished the Treasurer with—

(a) a statement in respect of that expenditure, in accordance with a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of the State certifying that, in his opinion, the amounts shown in the statement as having been expended were expended in respect of the approved project; and

(b) such further information, if any, as the Treasurer requires in respect of that expenditure.

Advances.

9. The Treasurer may, at such times as he thinks fit, make advances to a State of such amounts as he thinks fit on account of an amount that may become payable to the State under this Act.

Conditions.

10. Payment of an amount (including an advance) to a State under this Act in relation to an approved project of the State is subject to the conditions—

(a) that there will be furnished to the Minister by the State a com­prehensive report concerning the results of the project; and

(b)  that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil the condition specified in paragraph (a), the State will repay that amount, or such part of that amount as the Minister specifies, to Australia.

Additional condition.

11. Payment of an amount (including an advance) to a State under this Act is subject to the condition that the State will repay to Australia, on demand by the Treasurer, the amount by which, at the time of the de­mand, the total of the amounts (including advances) paid to the State under this Act exceeds the total of the amounts that have become pay­able to the State under this Act.

Access to records.

12. A person authorized by the Minister may, at all reasonable times, inspect, and take copies of, or extracts from, any plans, designs, tenders, records or other documents relating to an approved project of a State.

 

NOTE

1. Act No. 46, 1974; assented to 21 August 1974.

Overview

The Urban Public Transport (Research and Planning) Act 1974 was enacted to facilitate research and planning related to urban public transport services. This Act was introduced to address the need for coordinated research and planning efforts across urban areas in Australia, particularly focusing on the major cities designated as urban areas for the purposes of the 1971 Census. The Act was passed by the Queen, the Senate and the House of Representatives of Australia, reflecting a bipartisan effort to enhance the quality and efficiency of public transport services within urban environments. The policy objective of this Act is to provide financial assistance to states for approved research and planning projects, thereby promoting the development of effective and sustainable public transport solutions in urban settings.

Scope and Application

The Urban Public Transport (Research and Planning) Act 1974 applies to research and planning activities in relation to urban public transport services within Australia. Specifically, it pertains to scientific, technical, or economic research, investigation, or planning efforts focused on public transport services in urban areas, as defined by the Act. The geographic reach of the Act encompasses specific urban areas, including the six major statistical divisions as designated by the 1971 Census and any additional areas declared by the Minister under section 5 of the Act. The Act applies to States that undertake approved projects during the specified year, providing them with financial assistance for such projects. The Act’s application may be extended or restricted through subordinate instruments, such as regulations or declarations made by the Minister. Furthermore, the Act includes provisions for the approval of projects, the declaration of urban areas, the grant of financial assistance, and conditions for the repayment of funds, ensuring oversight and accountability in the use of allocated resources.

Key Provisions

The Urban Public Transport (Research and Planning) Act 1974 (sections 1 to 12) is a legislative framework aimed at facilitating research and planning related to urban public transport within Australia. This Act, which came into operation on the day it received Royal Assent, provides a clear definition of terms such as "approved project" (section 3(1)), "research or planning in connexion with urban public transport" (section 3(1)), and "urban area" (section 3(2) and (3)). It also outlines the Minister's authority to approve projects (section 4), declare urban areas (section 5), and grant financial assistance to the States (section 6). The Act sets limitations on expenditure (section 7), mandates evidence of expenditure (section 8), and details conditions for payments and advances (sections 9 to 11). Furthermore, it grants authorised personnel the right to inspect relevant records (section 12). The Urban Public Transport (Research and Planning) Act 1974 imposes several obligations on the parties it governs. Firstly, the Minister is responsible for approving projects related to urban public transport research and planning (section 4). States must submit comprehensive reports on the results of approved projects (section 10(a)) and repay any overpayments to Australia upon demand (section 11). Additionally, States must provide evidence of expenditure, including statements and certificates, to be eligible for financial assistance (section 8). The Act also stipulates that financial assistance payments are subject to specific conditions, including the requirement for States to furnish detailed reports and the potential obligation to repay amounts if conditions are not met (section 10(b)). Under the Urban Public Transport (Research and Planning) Act 1974, there are no explicit criminal offences or penalties outlined in the text. However, the Act does provide for civil consequences in the event of non-compliance. For instance, if a State fails to provide a comprehensive report on the results of an approved project, the Minister may inform the Treasurer, leading to the State's obligation to repay the amount or part of the amount specified by the Minister (section 10(b)). Additionally, if the total amount paid to a State exceeds the amount payable, the State must repay the difference upon demand by the Treasurer (section 11). These provisions ensure accountability and compliance with the Act's requirements.

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Planning & Development Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Financial Assistance

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.