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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Roads to
Recovery Bill 2000
No. ,
2000
(Transport and Regional
Services)
A Bill for an Act to provide
funding to supplement expenditure on roads
ISBN: 0642 454841
Contents
A Bill for an Act to provide funding to supplement
expenditure on roads
The Parliament of Australia enacts:
This Act may be cited as the Roads to Recovery Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
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.
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.
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.
(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.
(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.
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.
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.
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.
The Minister may publish administrative guidelines in relation to
payments under this Act and in relation to the funding conditions.
(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.
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.