{"id":"C2004A02692","name":"Australian Bicentennial Road Development Trust Fund Act 1982","slug":"australian-bicentennial-road-development-trust-fund-act-1982","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"133 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7554,"registerId":"commonwealth-C2004A02692-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"TABLE OF PROVISIONS","sectionType":"part","heading":"TABLE OF PROVISIONS","content":"![](image.001.png)\n\nAustralian Bicentennial Road Development Trust Fund Act 1982\n\nNo. 133 of 1982\n\n# TABLE OF PROVISIONS\n\n## PART I—PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Object of Act\n\n4. Interpretation\n\n5. Declaration of roads\n\n6. Standards for national roads\n\n## PART II—AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND\n\n7. Australian Bicentennial Road Development Trust Fund\n\n8. Moneys to be paid into Road Fund\n\n9. Application of Road Fund\n\n10. Variation of percentages for arterial roads at request of State\n\n11. Increase of funds for national roads\n\n12. Variation of percentages where State fails to maintain expenditure on roads\n\n13. Variation of percentages where State fails to maintain capital expenditure on urban public transport systems\n\n14. Time and manner of payments\n\n15. Condition of payment of financial assistance out of Road Fund\n\n16. Closing of Road Fund  \n\n## TABLE OF PROVISIONS—continued\n\nSection\n\n## PART III—PROJECTS OF ROAD CONSTRUCTION\n\n17. Approval of projects\n\n18. Variation of projects, &c.\n\n19. Allocations of Road Fund to local government bodies\n\n## PART IV—CONDITIONS OF PAYMENTS\n\n20. Minister may require State to furnish information\n\n21. Statements of expenditure, & c, to be furnished\n\n22. Condition relating to expenditure of moneys paid out of Road Fund\n\n23. Additional conditions with respect to approved projects\n\n## PART V—MISCELLANEOUS\n\n24. Deduction of amount repayable by State\n\n25. Moneys repaid to Commonwealth\n\n26. Delegations\n\n27. Report by Minister\n\n## SCHEDULE 1\n\nLimit of allocations for urban arterial roads\n\n## SCHEDULE 2\n\nLimit of allocations for rural arterial roads\n\n## SCHEDULE 3\n\nLimit of allocations for local roads\n\n  \n\n![](image.002.png)\n\nAustralian Bicentennial Road Development Trust Fund Act 1982\n\nNo. 133 of 1982\n\nAn Act to establish a Trust Fund for the purpose of the grant of financial assistance to the States and to the Northern Territory for expenditure on upgrading Australian roads in celebration of the Bicentenary in 1988, and for related purposes\n\n\\[Assented to 20 December 1982\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Bicentennial Road Development Trust Fund Act 1982.\n\nCommencement\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":0},{"sectionNumber":"PART I","sectionType":"part","heading":"PRELIMINARY","content":"## PART I—PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Object of Act\n\n4. Interpretation\n\n5. Declaration of roads\n\n6. Standards for national roads","sortOrder":1},{"sectionNumber":"PART II","sectionType":"part","heading":"AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND","content":"## PART II—AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND\n\n7. Australian Bicentennial Road Development Trust Fund\n\n8. Moneys to be paid into Road Fund\n\n9. Application of Road Fund\n\n10. Variation of percentages for arterial roads at request of State\n\n11. Increase of funds for national roads\n\n12. Variation of percentages where State fails to maintain expenditure on roads\n\n13. Variation of percentages where State fails to maintain capital expenditure on urban public transport systems\n\n14. Time and manner of payments\n\n15. Condition of payment of financial assistance out of Road Fund\n\n16. Closing of Road Fund","sortOrder":2},{"sectionNumber":"TABLE OF PROVISIONS—continued","sectionType":"part","heading":"TABLE OF PROVISIONS—continued","content":"## TABLE OF PROVISIONS—continued\n\nSection","sortOrder":3},{"sectionNumber":"PART III","sectionType":"part","heading":"PROJECTS OF ROAD CONSTRUCTION","content":"## PART III—PROJECTS OF ROAD CONSTRUCTION\n\n17. Approval of projects\n\n18. Variation of projects, &c.\n\n19. Allocations of Road Fund to local government bodies","sortOrder":4},{"sectionNumber":"PART IV","sectionType":"part","heading":"CONDITIONS OF PAYMENTS","content":"## PART IV—CONDITIONS OF PAYMENTS\n\n20. Minister may require State to furnish information\n\n21. Statements of expenditure, & c, to be furnished\n\n22. Condition relating to expenditure of moneys paid out of Road Fund\n\n23. Additional conditions with respect to approved projects","sortOrder":5},{"sectionNumber":"PART V","sectionType":"part","heading":"MISCELLANEOUS","content":"## PART V—MISCELLANEOUS\n\n24. Deduction of amount repayable by State\n\n25. Moneys repaid to Commonwealth\n\n26. Delegations\n\n27. Report by Minister","sortOrder":6},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":null,"content":"## SCHEDULE 1\n\nLimit of allocations for urban arterial roads","sortOrder":7},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":null,"content":"## SCHEDULE 2\n\nLimit of allocations for rural arterial roads","sortOrder":8},{"sectionNumber":"SCHEDULE 3","sectionType":"part","heading":null,"content":"## SCHEDULE 3\n\nLimit of allocations for local roads\n\n  \n\n![](image.002.png)\n\nAustralian Bicentennial Road Development Trust Fund Act 1982\n\nNo. 133 of 1982\n\nAn Act to establish a Trust Fund for the purpose of the grant of financial assistance to the States and to the Northern Territory for expenditure on upgrading Australian roads in celebration of the Bicentenary in 1988, and for related purposes\n\n\\[Assented to 20 December 1982\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:","sortOrder":9},{"sectionNumber":"Sub-section 9 (3)","sectionType":"part","heading":"Sub-section 9 (3)","content":"# Sub-section 9 (3)\n\nLimit of allocations for urban arterial roads\n\n| Column 1                                              | Column 2   |\n| ----------------------------------------------------- | ---------- |\n| State                                                 | Percentage |\n| New South Wales...................................    | 8.76       |\n| Victoria..........................................    | 7.14       |\n| Queensland........................................    | 6.51       |\n| South Australia.....................................  | 2.28       |\n| Western Australia...................................  | 3.90       |\n| Tasmania.........................................     | 1.11       |\n| Northern Territory................................... | 0.30       |\n|                                                       | 30.00      |","sortOrder":16}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2549},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on establishing the Road Fund for Bicentennial road projects. While section 4(3) extends coverage to urban public transport capital projects (to reduce arterial road traffic), this is ancillary to the primary road construction purpose and does not represent significant scope expansion beyond the original intent."},"complexity_factors":["Section 8 contains multi-layered calculations for apportioning fuel excise/customs duties with different rates for two distinct time periods (pre and post July 1983) and adjustments for rebates","19 defined terms in section 4, including complex geographic references to 1976 Census statistical divisions for 'urban area'","Interplay between sections 9–13 and Schedules 1–3 creates a matrix of percentage-based allocation limits with dual-period structures (1982–1983 vs 1983–1988)","Conditional penalty provisions in sections 12–13 requiring maintenance of expenditure in 'real terms' using the Implicit Price Deflator and comparative periods","Formulaic adjustment mechanism (A–(B–C)) for calculating funding reductions when States fail to maintain expenditure levels"],"plain_english_summary":"**What it does**\nThis Act creates a special trust fund—the Australian Bicentennial Road Development Trust Fund—to finance road construction across Australia leading up to the 1988 Bicentenary.\n\n**How it's funded**\nThe fund is bankrolled by fuel taxes. From August 1982 to July 1983, 1 cent from every litre of petrol and diesel excise or customs duty goes into the fund. From July 1983 to January 1989, this increases to 2 cents per litre (minus any rebates paid back to consumers).\n\n**Where the money goes**\nThe Commonwealth pays grants to States and the Northern Territory for \"bicentennial road projects\" in four categories:\n- **National roads** — major highways linking capital cities and other nationally important routes\n- **Urban arterial roads** — main roads carrying traffic into and across cities\n- **Rural arterial roads** — important regional roads connecting towns and regions\n- **Local roads** — council-level roads funded through the States\n\nStrict percentage caps apply to each State and category (set out in Schedules 1–3). For example, New South Wales can receive up to 8.76% of the fund for urban arterial roads.\n\n**Key rules and conditions**\n- States must have projects approved by the Federal Minister.\n- If a State slashes its own road spending or cuts capital investment in urban public transport, the Minister can penalise them by redirecting their share of the fund to other States.\n- Funding comes with strings: competitive tendering for major works, mandatory signage acknowledging the Commonwealth funding until 1989, right of federal inspection, and detailed financial reporting.\n- States cannot charge tolls on national or arterial roads built with this money without federal consent.\n- The Fund automatically closes on 31 December 1989, with any remaining money distributed to the States.\n\n**Who it affects**\nState transport departments, local councils (who receive local road allocations), and road users (who effectively paid for the program through higher fuel prices)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s scope, as presented in the text, is consistent with its stated object (s3): to establish a time‑limited trust fund to provide financial assistance for a defined program of road construction projects. The statutory definitions and exclusions (notably the definition of \"construction\" and that \"maintenance\" is excluded) set clear boundaries on eligible activity (s4). Allocations are time‑limited and category‑restricted by the Schedules (s8, s9, Schedules; s16). No provision in the text expands or narrows that object beyond the mechanisms and limits set out in the Act itself; powers to vary allocations or treat some urban public transport capital projects as equivalent to arterial road projects are explicit adjustment mechanisms within the Act’s original scope (s4(3), s10–13, s11)."},"complexity_factors":["Multiple time‑limited funding windows with different duty fractions and two date cut‑offs (s8(1), s8(7))","Separate allocation ceilings by road class and by State across three Schedules, with differing percentages for different periods (s9, Schedules)","Ministerial discretion to approve projects, set standards, vary percentages, and determine payment timing and class (s6, s10–11, s14, s17–18)","Adjustment formulas and triggers allowing reallocation or reduction of State shares where States do not maintain real‑term expenditure (s12–13), including use of an index (Implicit Price Deflator) for real‑term comparisons (s12(4), s13(4))","Reporting, audit and repayment mechanisms creating procedural obligations and possible enforcement actions (s20–23, s24–25)","Delegation powers that shift operational decision‑making to public servants, increasing administrative branching (s26)","Definitions that carve out eligible activities (construction vs maintenance) and treat certain urban public transport capital projects equivalently to arterial roads (s4(3)–(5))","Treatment of interest on the Fund and ministerial allocation of that interest to funding categories (s8(4)–(6))"],"plain_english_summary":"### What this law does (mechanics)\n\n- It creates a time‑limited trust account called the Australian Bicentennial Road Development Trust Fund (the Road Fund) to pay financial assistance to States and the Northern Territory for approved road construction projects (s7, s9). The Fund is closed on 31 December 1989 and remaining balances at that time must be paid to States for approved projects (s16).\n\n- Money is put into the Road Fund out of Consolidated Revenue in amounts tied to a fraction of duties on motor spirit and diesel fuel collected after 17 August 1982 (the “relevant time”) and before set cut‑off dates: a 1 cent‑per‑litre proportion for receipts entered for home consumption after the relevant time and before 1 July 1983, and a 2 cent‑per‑litre proportion for receipts after 30 June 1983 and before 1 January 1989 (s8(1), s8(7)). Interest earned on Fund investments is credited to the Fund and treated as part of one or other of those two categories at the Minister’s direction (s8(4)–(6)).\n\n- The Act sets caps and percentage allocations for how money in the Road Fund may be spent across four classes of projects: national roads, urban arterial roads, rural arterial roads and local roads. It limits aggregate payments for national roads (s9(2)) and fixes state‑by‑state percentage shares for urban arterial (Schedule 1), rural arterial (Schedule 2) and local roads (Schedule 3) for specified periods (s9(3)–(5) and Schedules).\n\n- The Minister decides which specific projects are “approved” to be part of the Australian Bicentennial Road Development Program (s17) and may approve variations to projects, costs and cost allocations (s18). The Minister also approves the timing and amounts of payments to States (s14(1)–(3)).\n\n- The Minister has a continuing supervisory role: he may set standards for national roads and require States to provide information (s6, s20), and he may inspect works, require testing and copies of records, and set procurement procedures (s23(e), s23(a)–(b)). The Minister may delegate many of these powers to public servants (s26).\n\n\n### Who pays and who decides\n\n- Who pays: the immediate funding source is Consolidated Revenue (s8). The Act channels into the Road Fund a specified fraction of excise/customs duties collected on motor spirit and diesel fuel (s8(1)). That means collection of fuel duties determines the pool of money the Fund receives (s8).\n\n- Who decides: the Commonwealth Minister (the Minister) controls most decisions: declaring road categories (s5), notifying standards for national roads (s6), approving projects and variations (s17–18), setting payment timing and amounts (s14), approving principles for allocation to local government or determining them if the State does not (s19), requiring information (s20), and enforcing conditions and repayments (s21–23). The Minister may delegate many powers to public servants (s26).\n\n\n### What States (and local government bodies) must do to receive and keep funds\n\n- States must submit project particulars on request and receive Ministerial approval for projects to be eligible (s17). Project submissions must include cost estimates and note amounts to be met from other sources (s17(5)).\n\n- Payments are conditional on States spending the money on approved bicentennial road projects of the class specified with the payment (s14(3), s15).\n\n- States must provide annual statements of expenditure in a Minister‑approved form after 30 June each year, and, if directed, obtain an Auditor‑General’s certificate for parts of those statements (s21(a)). The Minister can require additional information at any time (s20).\n\n- If the Minister is satisfied a State has not complied with conditions, the Minister may require repayment of all or part of the grant, may deduct repayable amounts from future payments, and repaid money is returned to the Road Fund (s21(b), s22, s24–25, s23(h)).\n\n- Additional project conditions include tendering procedures approved by the Minister for works or purchases (s23(a)–(b)), erecting and maintaining signage until 1 January 1989 at sites of funded projects (s23(d)), permitting inspections and tests (s23(e)), providing road connections to national roads (s23(f)), and not imposing tolls on funded parts of national or arterial roads without the Minister’s consent (s23(g)).\n\n\n### Incentives, trade‑offs and compliance costs (mechanisms)\n\n- Incentives to maintain State road spending: the Minister can reduce a State’s share of Fund allocations if he is satisfied the State did not maintain in real terms its own road expenditure in specified periods (s12). The reduction is calculated by notice and, if relevant, by a formula that compares subsequent year expenditure (s12(2)–(4)). This creates a financial incentive for States to sustain their own road spending if they wish to avoid losing Road Fund allocations.\n\n- Incentives affecting urban public transport: where a State undertakes or prioritises capital expenditure on urban public transport projects that reduce arterial road traffic, such projects can be treated like urban arterial road projects for Fund purposes (s4(3)). Conversely, the Minister may reduce allocations where the Minister is satisfied relevant capital expenditure on urban public transport was not maintained (s13).\n\n- Allocation rigidity and redistribution: the Act fixes percentage ceilings by State and road class (Schedules) but allows the Minister to vary those percentages at a State’s request (s10), by agreement to shift funds to national roads (s11), or where the Minister is satisfied a State failed to maintain expenditure (s12) or relevant capital expenditure in urban public transport (s13). Those variation powers change relative shares without increasing the total Fund (s10(2)).\n\n- Compliance and administrative burden: States must prepare annual expenditure statements in an approved form and may need Auditor‑General certification on direction (s21). States must comply with Ministerial information requests (s20), follow Minister‑approved tendering procedures (s23(a)–(b)), erect signage (s23(d)), permit inspections and testing (s23(e)), and ensure repayments where conditions are breached (s21(b), s22, s23(h)). These are recurring administrative and procedural obligations.\n\n- Ministerial discretion and implementation risk: the Minister holds broad discretionary powers over project approval, standards, timing/amounts of payments, percentage variations and enforcement (s6, s10–13, s14, s17–18, s23). That concentration means outcomes depend heavily on how the Minister exercises those discretions and on the use of delegations (s26), which may speed implementation but also shifts decision‑making to officials.\n\n\n### Effects on private choice and market processes\n\n- Procurement and market access: the Minister can require States to invite and deal with tenders for major works and goods under procedures the Minister approves (s23(a)–(b)). That sets a Commonwealth‑approved procurement framework for projects funded from the Road Fund.\n\n- Revenue options for States: the Act prevents States charging tolls or fees on funded parts of national or arterial roads without the Minister’s consent (s23(g)), limiting one source of user revenue for those road segments unless the Minister agrees.\n\n\n### Time limits and boundaries\n\n- The Fund sources and eligible periods are explicitly time‑limited: the relevant duty proportions are tied to periods ending 1 July 1983 and 1 January 1989 respectively (s8(1)); aggregate payments and schedule percentages apply to amounts paid out before 1 January 1989 (s9); the Fund is closed 31 December 1989 (s16).\n\n- The Act focuses on construction and related works (construction includes reconstruction, realignment, bringing to a higher standard, investigation and land acquisition) and expressly excludes maintenance from the definition of construction (s4(definition of “construction” and “maintenance”)).\n\n\n### Where costs fall and who benefits\n\n- Immediate cost source: the Fund is financed from Consolidated Revenue appropriations representing fractions of fuel duties collected (s8). The Act therefore allocates a specific share of fuel‑duty receipts to road construction rather than to general revenue.\n\n- Beneficiaries: the direct beneficiaries are States (and government authorities/local government bodies where funds are allocated for local roads) that receive grants for approved projects (s9, s19). The Act prescribes how those benefits are split across States and road classes via the Schedules, subject to Ministerial variation powers (s9, Schedules, s10–13).\n\n\n### Implementation risks and trade‑offs (summary)\n\n- The measure centralises key decisions in the Commonwealth Minister (s6, s14, s17–18, s23) and permits delegations (s26), which concentrates implementation discretion and requires careful administration to avoid inconsistent treatment of States.\n\n- The funding stream depends on fuel duty receipts for specified historical periods and is time‑limited; interest on the Fund is credited but treated as belonging to one of the two duty categories at the Minister’s direction, which affects how interest is available against schedule ceilings (s8(4)–(6)).\n\n- The Act creates conditional financial incentives for States to maintain their own road and urban public transport capital expenditure through the threat of reductions in allocations (s12–13), and imposes specific compliance obligations (s20–21, s23) that carry procurement, reporting and administrative costs for States.\n\n\n### Key statutory references (representative)\n\n- Trust fund and funding source: s7, s8\n- Purpose and definition of eligible works: s3, s4\n- Allocation ceilings and Schedules: s9 and Schedules 1–3\n- Ministerial powers over projects, payments and standards: s6, s14, s17–18\n- Adjustment mechanisms and enforcement: s10–13, s21–25\n- Delegation and reporting: s26–27"}},"importantCases":[],"_links":{"self":"/api/acts/australian-bicentennial-road-development-trust-fund-act-1982","history":"/api/acts/australian-bicentennial-road-development-trust-fund-act-1982/history","analysis":"/api/acts/australian-bicentennial-road-development-trust-fund-act-1982/analysis","conflicts":"/api/acts/australian-bicentennial-road-development-trust-fund-act-1982/conflicts","importantCases":"/api/acts/australian-bicentennial-road-development-trust-fund-act-1982/important-cases","documents":"/api/acts/australian-bicentennial-road-development-trust-fund-act-1982/documents"}}