{"id":"C2005A00093","name":"National Land Transport Act 2014","slug":"national-land-transport-act-2014","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"93 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7870,"registerId":"commonwealth-C2005A00093-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Alternative constitutional basis","content":"#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"The National Land Transport Network","content":"## Part 2—The National Land Transport Network","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Determination of the National Land Transport Network","content":"#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Variation of the National Land Transport Network","content":"#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Publication","content":"#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Investment Projects","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Approval of Investment Projects","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"What is an Investment Project?","content":"#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Approval of Investment Projects","content":"#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"What projects are eligible for approval?","content":"#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Is it appropriate to approve a project?","content":"#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Submission of particulars of projects","content":"#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Matters specified in project approval instrument","content":"#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Requirements with which funding agreements must comply","content":"#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Variation or revocation of project approval instrument","content":"#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provision of Commonwealth funding","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Commonwealth funding for Investment Projects","content":"#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Approval of provision of Commonwealth funding if no funding agreement","content":"#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Conditions that apply to Commonwealth funding","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":23},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Sources of conditions","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Sources of conditions","content":"#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":25},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"The mandatory conditions","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"This Subdivision sets out the mandatory conditions","content":"#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Funding payment must be expended on the funded project","content":"#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Funding recipient must give Minister audited financial statements","content":"#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Funding recipient must allow inspections by authorised persons","content":"#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Funding recipient must provide information on request","content":"#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"State or State authority must call for public tenders for certain work","content":"#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of","content":"#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Amount repayable on breach of condition","content":"#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.","sortOrder":34},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Determination of other conditions if no funding agreement","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Determination of other conditions if no funding agreement","content":"#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transport Development and Innovation Projects","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"What is a Transport Development and Innovation Project?","content":"#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Approval of Transport Development and Innovation Projects","content":"#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"What projects are eligible for approval?","content":"#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Is it appropriate to approve a project?","content":"#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.","sortOrder":42},{"sectionNumber":"32","sectionType":"section","heading":"Submission of particulars of projects","content":"#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Matters specified in project approval instrument","content":"#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Requirements with which funding agreements must comply","content":"#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Variation or revocation of project approval instrument","content":"#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Commonwealth funding for Transport Development and Innovation Projects","content":"#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Approval of provision of Commonwealth funding if no funding agreement","content":"#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Sources of conditions","content":"#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"This Subdivision sets out the mandatory conditions","content":"#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.","sortOrder":54},{"sectionNumber":"40","sectionType":"section","heading":"Funding payment must be expended on the funded project","content":"#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.","sortOrder":55},{"sectionNumber":"41","sectionType":"section","heading":"Funding recipient must give Minister audited financial statements","content":"#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":"Funding recipient must allow inspections by authorised persons","content":"#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Amount repayable on breach of condition","content":"#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.","sortOrder":58},{"sectionNumber":"44","sectionType":"section","heading":"Determination of other conditions if no funding agreement","content":"#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":60},{"sectionNumber":"Part 5","sectionType":"part","heading":"Funding for land transport research entities","content":"## Part 5—Funding for land transport research entities","sortOrder":61},{"sectionNumber":"45","sectionType":"section","heading":"Definitions","content":"#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.","sortOrder":62},{"sectionNumber":"46","sectionType":"section","heading":"Approval of funding for land transport research entities","content":"#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.","sortOrder":63},{"sectionNumber":"47","sectionType":"section","heading":"Submission of particulars to get funding","content":"#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":"Commonwealth funding for land transport research entities","content":"#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.","sortOrder":65},{"sectionNumber":"49","sectionType":"section","heading":"Requirements with which funding agreements must comply","content":"#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Conditions of funding","content":"#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Relationship with Part 4","content":"#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.","sortOrder":68},{"sectionNumber":"51A","sectionType":"section","heading":"Funding arrangements with non‑corporate Commonwealth entities","content":"#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.","sortOrder":69},{"sectionNumber":"Part 7","sectionType":"part","heading":"Black Spot Projects","content":"An Act to provide for the funding of projects related to land transport matters, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Land Transport Act 2014.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 July 2005

2. Parts 3, 4, 5, 6, 7 and 8

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

28 July 2005

(see F2005L02026)

3. Part 9

The day on which this Act receives the Royal Assent.

6 July 2005

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object of Act\n\n The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.\n\n#### 4 Definitions\n\n (1) In this Act, unless the contrary intention appears:\n\n> appropriate auditor means:\n\n (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or\n (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or\n (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:\n (i) registered as a company auditor or a public accountant under a law in force in a State; or\n (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.\n\n> approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:\n\n (a) a Black Spot Project;\n (b) an Investment Project;\n (c) a Transport Development and Innovation Project.\n\n> authority of a State means a body:\n\n (a) that is established by a State or by a law of a State; or\n (b) in which a State has a controlling interest;\n but does not include a local government authority.\n\n> Black Spot Project has the meaning given by section 69.\n\n> construction:\n\n (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and\n (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).\n\n> eligible funding recipient means:\n\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) any other body corporate;\n and, when used in Parts 4 and 5,includes a partnership.\n\n> Note: Section 92A sets out how this Act applies to partnerships.\n\n> funding agreement:\n\n (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and\n (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.\n\n> inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.\n\n> Investment Project has the meaning given by section 8.\n\n> local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.\n\n> maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.\n\n> National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.\n\n> non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.\n\n> project includes a program.\n\n> project approval instrument means:\n\n (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and\n (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and\n (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).\n\n> public utility has a meaning affected by subsection (4).\n\n> railway includes any of the following:\n\n (a) railway signs;\n (b) railway control equipment;\n (c) railway communications equipment;\n (d) railway lighting equipment;\n (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;\n (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.\n\n> relevant external Territory means:\n\n (a) Norfolk Island; or\n (b) the Territory of Christmas Island; or\n (c) the Territory of Cocos (Keeling) Islands.\n\n> road:\n\n (a) subject to paragraph (b), includes any of the following associated with a road:\n (i) traffic signs;\n (ii) traffic control equipment;\n (iii) street lighting equipment;\n (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;\n (v) a path for the use of persons riding bicycles;\n (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);\n (vi) any other thing that is specified in the regulations for the purposes of this definition; and\n (b) when used in Part 8:\n (i) also includes a vehicular ferry associated with a road; but\n (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).\n\n> Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).\n\n> Roads to Recovery List means the list in force under subsection 87(1) of this Act.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> Transport Development and Innovation Project has the meaning given by section 28.\n\n Meaning of construction in relation to a railway or road\n (2) In this Act, construction, when used in relation to a railway or road, includes:\n (a) the reconstruction or realignment of the railway or road; and\n (b) the bringing of the railway or road to a higher standard; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction, reconstruction or realignment of the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; or\n (iii) the planning of alternative routes for the railway or road; and\n (d) the acquisition of an interest in land for the purpose of:\n (i) constructing, reconstructing or realigning the railway or road; or\n (ii) the bringing of the railway or road to a higher standard; and\n (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;\n but does not include the maintenance of the railway or road.\n Meaning of construction in relation to an inter‑modal transfer facility\n (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:\n (a) the reconstruction of the facility; and\n (b) work to enable the facility to operate more efficiently; and\n (c) investigation and associated engineering studies in connection with:\n (i) the construction or reconstruction of the facility; or\n (ii) work to enable the facility to operate more efficiently;\n but does not include maintenance of the facility.\n Meaning of public utility\n (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.\n\n#### 4A Alternative constitutional basis\n\n (1) Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.\n (2) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:\n (a) between Australia and other countries; or\n (b) among the States; or\n (c) between Territories or between a Territory and a State.\n (3) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.\n (4) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) in relation to a Territory government; or\n (b) in relation to projects or activities in a Territory.\n (5) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.\n (6) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:\n (a) by way of financial assistance to a State; or\n (b) in relation to railway construction and extension in a State with the consent of the State.\n (7) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.\n (8) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.\n (9) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.\n (10) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.\n (11) This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.\n\n## Part 2—The National Land Transport Network\n\n#### 5 Determination of the National Land Transport Network\n\n (1) The Minister must, in writing, determine a National Land Transport Network.\n (2) The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:\n (a) existing and proposed roads:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (b) existing and proposed railways:\n (i) connecting 2 capital cities; or\n (ii) connecting a capital city and a major centre of commercial activity; or\n (iii) connecting 2 major centres of commercial activity; or\n (iv) connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or\n (v) in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or\n (vi) connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;\n (c) existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).\n (3) The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:\n (a) the development of international, inter‑State or inter‑regional trade and commerce;\n (b) the facilitation of international, inter‑State or inter‑regional travel.\n (4) An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 6 Variation of the National Land Transport Network\n\n (1) The Minister may, in writing, vary the National Land Transport Network.\n (2) The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.\n (3) An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n#### 7 Publication\n\n The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.\n\n> Note: This section applies in addition to the requirements of the Legislation Act 2003.\n\n## Part 3—Investment Projects\n\n### Division 1—Approval of Investment Projects\n\n#### 8 What is an Investment Project?\n\n An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.\n\n#### 9 Approval of Investment Projects\n\n (1) The Minister may, in writing, approve a project as an Investment Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 10); and\n (b) the Minister considers that it is appropriate to approve the project (see section 11).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 10 What projects are eligible for approval?\n\n A project is eligible for approval as an Investment Project if the project is for one or more of the following:\n (a) the construction of an existing or proposed road that is in a State or relevant external Territory;\n (b) the maintenance of an existing or proposed road that is included in the National Land Transport Network;\n (c) the construction of an existing or proposed railway that is in a State or relevant external Territory;\n (d) the maintenance of an existing or proposed railway that is included in the National Land Transport Network;\n (e) the construction of an inter‑modal transfer facility in a State or relevant external Territory;\n (f) the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.\n\n> Note: The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).\n\n#### 11 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;\n (b) the extent to which the project will improve the efficiency, integration, security or safety of transport operations;\n (c) the results of any assessment of the economic, environmental or social costs or benefits of the project;\n (d) the extent to which the project is likely to improve access for communities to services and employment;\n (e) any transport or land use plans that might be relevant to the project;\n (f) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 12 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Investment Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 9, the Minister may approve a project as an Investment Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as an Investment Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 13 Matters specified in project approval instrument\n\n (1) The project approval instrument for an Investment Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for an Investment Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for an Investment Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 14 Requirements with which funding agreements must comply\n\n If the project approval instrument for an Investment Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 15 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for an Investment Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 13.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 16 Commonwealth funding for Investment Projects\n\n (1) Commonwealth funding for an Investment Project may be provided to the approved funding recipient:\n (a) in accordance with section 17; or\n (b) if the project approval instrument states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 14.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 17 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for an Investment Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 18 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for an Investment Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 17—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 19 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 20 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 21 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 22 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 23 Funding recipient must provide information on request\n\n The funding recipient must, as and when requested by the Minister, provide information relevant to the progress of the funded project or the operation or condition of the National Land Transport Network.\n\n#### 24 State or State authority must call for public tenders for certain work\n\n (1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:\n (a) work that is maintenance of a road or railway; or\n (b) work that is to be carried out by a public utility; or\n (c) work that the Minister has, by a written exemption relating to the project, exempted from this condition because, in the Minister’s opinion:\n (i) the work is urgently required because of an emergency; or\n (ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or\n (iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or\n (iv) the work is of a kind for which competitive tenders are unlikely to be received; or\n (v) the work will contribute to employment in a region; or\n (vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection (4) for the purposes of this subparagraph.\n (2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph (1)(c).\n (3) An instrument granting, varying or revoking an exemption referred to in paragraph (1)(c) is not a legislative instrument.\n (4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph (1)(c)(vi).\n\n#### 25 State or State authority using funding payment to acquire interest in land—obligation if the interest is sold or disposed of\n\n (1) If the funding recipient is a State or an authority of a State, and the recipient sells or disposes of an interest in land that was acquired using all or part of the funding payment—the recipient must, subject to subsection (2), pay to the Commonwealth an amount calculated using the formula:\n ![](image.002.png)\n where:\n\n> acquisition cost means the amount paid by the funding recipient to acquire the interest (but not deducting any other costs associated with that acquisition).\n\n> Commonwealth contribution means so much of the funding payment as was used to meet the acquisition cost.\n\n> consideration or value means the greater of:\n\n (a) the consideration received by the funding recipient for the sale or disposal (but not deducting any costs associated with that sale or disposal); and\n (b) the market value of the interest at the time of the sale or disposal.\n (1A) The funding recipient must, as soon as practicable after selling or disposing of an interest in land that was acquired using all or part of the funding payment, notify the Minister of the sale or disposal.\n (2) The funding recipient may instead, with the written approval of the Minister, spend an amount equal to the amount worked out under subsection (1) on approved purposes in relation to another Investment Project.\n (3) The Minister may, in writing, vary or revoke an approval referred to in subsection (2).\n (4) If the funding recipient spends an amount in accordance with subsection (2) on another Investment Project, then, for the purposes of the application of this Act in relation to that other project:\n (a) the funding recipient is taken to have received a payment of Commonwealth funding in relation to that other project equal to the amount so spent; and\n (b) the amount so spent is taken to have been paid out of that payment of Commonwealth funding.\n (5) An instrument granting, varying or revoking an approval referred to in subsection (2) is not a legislative instrument.\n (6) For the purposes of this section, a reference to acquiring an interest in land using all or part of the funding payment includes a reference to compulsorily acquiring an interest in land and using all or part of the funding payment to pay compensation for the acquisition.\n\n#### 26 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 27 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 17.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 4—Transport Development and Innovation Projects\n\n### Division 1—Approval of projects as Transport Development and Innovation Projects\n\n#### 28 What is a Transport Development and Innovation Project?\n\n A Transport Development and Innovation Project is a project for which an approval by the Minister under subsection 29(1) is in force.\n\n#### 29 Approval of Transport Development and Innovation Projects\n\n (1) The Minister may, in writing, approve a project as a Transport Development and Innovation Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 30); and\n (b) the Minister considers that it is appropriate to approve the project (see section 31).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 30 What projects are eligible for approval?\n\n A project is eligible for approval as a Transport Development and Innovation Project if the project is for any of the following:\n (a) planning, research, investigations, studies or analysis of matters related to the present or future development or usage of the National Land Transport Network;\n (b) research or development related to technology or practices that will, or may, be used in connection with transport operations on the National Land Transport Network;\n (c) research, investigations, studies or analysis of:\n (i) projects for which Commonwealth funding has been provided under Part 3 or 7; or\n (ii) projects for which Commonwealth funding was provided under Part 6 as in force immediately before its repeal; or\n (iii) projects for which particulars have been submitted for approval under Part 3 or 7; or\n (iv) the construction or maintenance of roads that have been funded (in whole or in part) under Part 8.\n\n#### 31 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Transport Development and Innovation Project include, but are not limited to, the following matters:\n (a) the extent to which the project is likely to improve the efficiency, security or safety of transport operations on the National Land Transport Network;\n (b) the extent to which the project is likely to improve the economic, environmental or social impact or performance of the National Land Transport Network, or of transport operations on the Network;\n (c) the extent to which the project is likely to assist better‑informed decision‑making in relation to future expenditure under the Act.\n\n#### 32 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Transport Development and Innovation Projects.\n (2) An invitation may be given:\n (a) to such persons or bodies as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 29, the Minister may approve a project as a Transport Development and Innovation Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Transport Development and Innovation Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 33 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Transport Development and Innovation Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient to which the funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Transport Development and Innovation Project must state that the approval is conditional on a funding agreement being entered into with the eligible funding recipient, unless the recipient is:\n (a) a State; or\n (b) an authority of a State; or\n (c) a local government authority; or\n (d) a body in which one of the following persons or bodies has, or 2 or more of the following persons or bodies together have, a controlling interest:\n (i) the Commonwealth;\n (ii) a State;\n (iii) an authority of a State.\n\n> Note: This subsection does not prevent the project approval instrument from stating that the approval is conditional on a funding agreement being entered into with a funding recipient of a kind referred to in paragraph (a), (b), (c) or (d).\n\n (3) The project approval instrument for a Transport Development and Innovation Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 34 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Transport Development and Innovation Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 35 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Transport Development and Innovation Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 33.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 36 Commonwealth funding for Transport Development and Innovation Projects\n\n (1) Commonwealth funding for a Transport Development and Innovation Project may be provided to the approved funding recipient:\n (a) in accordance with section 37; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 34.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 37 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Transport Development and Innovation Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 38 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 39 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 40 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 41 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 42 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 43 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 44 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 37.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 5—Funding for land transport research entities\n\n#### 45 Definitions\n\n In this Part:\n\n> funded entity, in relation to a funding approval instrument, means the land transport research entity identified in the instrument.\n\n> funding approval instrument means an instrument under subsection 46(1) approving the provision of funding for a particular land transport research entity for a particular period.\n\n> funding period, in relation to a funding approval instrument, means the period identified in the instrument.\n\n> land transport operations means transport operations involving road or rail, including operations involving inter‑modal transfer facilities.\n\n> land transport research entity means an eligible funding recipient, or a non‑corporate Commonwealth entity, whose functions include carrying out, arranging or assisting planning, research, investigations, studies or analysis of matters related to land transport operations.\n\n#### 46 Approval of funding for land transport research entities\n\n (1) The Minister may, in writing, approve the provision of funding for a particular land transport research entity for a particular period.\n (2) The matters to which the Minister may have regard in deciding whether to approve the provision of funding for a land transport research entity for a period include, but are not limited to, the extent to which the entity’s activities during the period are likely to improve land transport operations in Australia.\n (3) The funding approval instrument must:\n (a) identify the entity and the period; and\n (b) specify the maximum funding amount that the Commonwealth may provide for the entity during the period; and\n (c) contain a statement to the effect that the approval is conditional on a funding agreement being entered into with the entity.\n (4) Subject to subsection (5), the Minister may, in writing, vary or revoke the funding approval instrument.\n (5) If there is a funding agreement with the entity, the powers given by subsection (4) must be exercised in accordance with any relevant provisions of the funding agreement.\n (6) An instrument approving the provision of Commonwealth funding, or varying or revoking such an approval, is not a legislative instrument.\n\n#### 47 Submission of particulars to get funding\n\n (1) The Minister may invite land transport research entities to submit particulars of their proposed activities for consideration for approval of funding under subsection 46(1).\n (2) An invitation may be given:\n (a) to such land transport research entities as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 46, the Minister may grant an approval under subsection 46(1) for a particular land transport research entity, whether or not particulars of the entity’s proposed activities were submitted in response to an invitation.\n (4) The Minister is not required to consider a land transport research entity for an approval under subsection 46(1) unless such particulars of the entity’s proposed activities as the Minister requires have been submitted to the Minister.\n\n#### 48 Commonwealth funding for land transport research entities\n\n (1) If a funding approval instrument is in force, Commonwealth funding for the funded entity may be provided during the funding period in accordance with a funding agreement that satisfies the requirements of section 49.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 49 Requirements with which funding agreements must comply\n\n A funding agreement entered into for the purposes of this Part must satisfy the following requirements:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the relevant funding approval instrument;\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the relevant funding approval instrument.\n\n#### 50 Conditions of funding\n\n (1) The conditions that apply to a payment of funding under this Part are the conditions specified in the relevant funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 51 Relationship with Part 4\n\n This Part does not limit, and is not limited by, Part 4.\n\n#### 51A Funding arrangements with non‑corporate Commonwealth entities\n\n (1) For the purposes of this Part, the Minister may, in writing, enter into an arrangement with a non‑corporate Commonwealth entity.\n (2) If the Minister enters into an arrangement under subsection (1), this Part applies as if the arrangement were a funding agreement entered into for the purposes of this Part.\n\n> Note: Sections 48 to 50 deal with funding agreements.\n\n## Part 7—Black Spot Projects\n\n### Division 1—Approval of projects as Black Spot Projects\n\n#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.\n\n#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.\n\n#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.\n\n#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.\n\n#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.\n\n#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.\n\n#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.\n\n#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.\n\n### Division 2—Provision of Commonwealth funding\n\n#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.\n\n#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.\n\n### Division 3—Conditions that apply to Commonwealth funding\n\n#### Subdivision A—Sources of conditions\n\n#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### Subdivision B—The mandatory conditions\n\n#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.\n\n#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.\n\n#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.\n\n#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.\n\n#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).\n\n#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.\n\n#### Subdivision C—Determination of other conditions if no funding agreement\n\n#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n## Part 8—Roads to Recovery Program\n\n#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).\n\n#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.\n\n#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.\n\n#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.\n\n## Part 9—Miscellaneous\n\n#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.\n\n#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.\n\n#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.\n\n#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.\n\n#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.\n\n#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"What is a Black Spot Project?","content":"#### 69 What is a Black Spot Project?\n\n A Black Spot Project is a project for which an approval by the Minister under subsection 70(1) is in force.","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Approval of Black Spot Projects","content":"#### 70 Approval of Black Spot Projects\n\n (1) The Minister may, in writing, approve a project as a Black Spot Project if, and only if:\n (a) the Minister is satisfied that the project is eligible for approval (see section 71); and\n (b) the Minister considers that it is appropriate to approve the project (see section 72).\n (2) An instrument approving a project is not a legislative instrument.","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"What projects are eligible for approval?","content":"#### 71 What projects are eligible for approval?\n\n A project is eligible for approval as a Black Spot Project if:\n (a) the project is for the improvement of road safety of a site (being all or part of any road); and\n (b) the site is in a State; and\n (c) the nature of the site has contributed to, or is likely to contribute to, serious motor vehicle crashes involving death or personal injury.","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Is it appropriate to approve a project?","content":"#### 72 Is it appropriate to approve a project?\n\n The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as a Black Spot Project include, but are not limited to, the following matters:\n (a) the accident history of the site to which the project relates;\n (b) the results of any assessment of the safety benefits and the costs of the project;\n (c) the results of any road safety audit conducted in relation to the site;\n (d) the extent to which persons other than the Commonwealth propose to contribute funding to the project.","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Submission of particulars of projects","content":"#### 73 Submission of particulars of projects\n\n (1) The Minister may invite the submission of particulars of projects for consideration for approval as Black Spot Projects.\n (2) An invitation may be given:\n (a) to such States or authorities of a State as the Minister considers appropriate; and\n (b) by any method that the Minister considers appropriate.\n (3) Subject to section 70, the Minister may approve a project as a Black Spot Project, whether or not particulars of the project were submitted in response to an invitation.\n (4) The Minister is not required to consider a project for approval as a Black Spot Project unless such particulars of the project as the Minister requires have been submitted to the Minister.","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Matters specified in project approval instrument","content":"#### 74 Matters specified in project approval instrument\n\n (1) The project approval instrument for a Black Spot Project must:\n (a) identify the project; and\n (b) specify the maximum funding amount that the Commonwealth may contribute to the project; and\n (c) identify the eligible funding recipient, being a State or authority of a State, to which funding may be paid; and\n (d) if the approval is conditional on a funding agreement being entered into with the eligible funding recipient—contain a statement to that effect.\n (2) The project approval instrument for a Black Spot Project may exclude one or more specified purposes from being purposes on which funding may be expended.","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Requirements with which funding agreements must comply","content":"#### 75 Requirements with which funding agreements must comply\n\n If the project approval instrument for a Black Spot Project states that the approval is conditional on a funding agreement being entered into with the approved funding recipient:\n (a) the total amount of funding that the agreement provides for must not exceed the maximum funding amount specified in the project approval instrument; and\n (b) the agreement must comply with any other requirements (for example, requirements relating to the inclusion of conditions) specified in the project approval instrument.","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Variation or revocation of project approval instrument","content":"#### 76 Variation or revocation of project approval instrument\n\n (1) The Minister may, in writing, vary or revoke the project approval instrument for a Black Spot Project.\n (2) A variation may be of a matter dealt with in the project approval instrument before the variation, or to include a new matter in the project approval instrument. The instrument as varied must be consistent with section 74.\n\n> Note: For example, the project approval instrument may be varied to change the eligible funding recipient to which funding will be paid, or to specify a purpose that is excluded from the purposes on which funding may be expended.\n\n (3) If there is a funding agreement with the approved funding recipient, the powers given by subsection (1) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) An instrument varying or revoking the project approval instrument is not a legislative instrument.","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Commonwealth funding for Black Spot Projects","content":"#### 77 Commonwealth funding for Black Spot Projects\n\n (1) Commonwealth funding for a Black Spot Project may be provided to the approved funding recipient:\n (a) in accordance with section 78; or\n (b) if the project approval instrument for the project states that the approval is conditional on a funding agreement being entered into—in accordance with a funding agreement, entered into with the approved funding recipient, that satisfies the requirements of section 75.\n (2) The payments of funding are to be made out of money appropriated by the Parliament.","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Approval of provision of Commonwealth funding if no funding agreement","content":"#### 78 Approval of provision of Commonwealth funding if no funding agreement\n\n (1) The Minister may, in writing, approve the provision of Commonwealth funding for a Black Spot Project to the approved funding recipient. The Minister may, in writing, vary or revoke the approval.\n (2) The funding is to be provided in one or more instalments paid to the approved funding recipient. Subject to subsection (3), the amount and timing of an instalment are as determined by the Minister.\n (3) The total amount of funding provided for the project to the approved funding recipient must not exceed the maximum funding amount specified in the project approval instrument.\n (4) An instrument:\n (a) approving the provision of Commonwealth funding, or varying or revoking such an approval; or\n (b) determining the amount or timing of an instalment of funding;\n is not a legislative instrument.","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Sources of conditions","content":"#### 79 Sources of conditions\n\n (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Black Spot Project (the funded project) to an eligible funding recipient (the funding recipient) are:\n (a) the mandatory conditions (see Subdivision B); and\n (b) either:\n (i) if the funding payment is provided in accordance with section 78—the conditions (if any) determined under Subdivision C; or\n (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement.\n (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":85},{"sectionNumber":"80","sectionType":"section","heading":"This Subdivision sets out the mandatory conditions","content":"#### 80 This Subdivision sets out the mandatory conditions\n\n The mandatory conditions are as set out in this Subdivision.","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Funding payment must be expended on the funded project","content":"#### 81 Funding payment must be expended on the funded project\n\n The funding payment must be wholly expended on approved purposes in relation to the funded project.","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Funding recipient must give Minister audited financial statements","content":"#### 82 Funding recipient must give Minister audited financial statements\n\n For each financial year in which the funding recipient spends or retains any of the funding payment, the funding recipient must give to the Minister as soon as practicable, and in any event within 6 months, after the end of that year:\n (a) a written statement as to:\n (i) the amount spent by the funding recipient during that year out of the funding payment; and\n (ii) the amount retained by the funding recipient out of the funding payment as at the end of that year; and\n (b) a report in writing and signed by the appropriate auditor stating whether, in the auditor’s opinion:\n (i) the statement is based on proper accounts and records; and\n (ii) the statement is in agreement with the accounts and records; and\n (iii) the expenditure referred to in subparagraph (a)(i) has been on the funded project.","sortOrder":89},{"sectionNumber":"83","sectionType":"section","heading":"Funding recipient must allow inspections by authorised persons","content":"#### 83 Funding recipient must allow inspections by authorised persons\n\n The funding recipient must, at all reasonable times, permit a person authorised by the Minister:\n (a) to inspect any work involved in the carrying out of the funded project; and\n (b) to inspect and make copies of any documents relating to the funded project.","sortOrder":90},{"sectionNumber":"84","sectionType":"section","heading":"Funding recipient must maintain records relating to motor vehicle crashes","content":"#### 84 Funding recipient must maintain records relating to motor vehicle crashes\n\n (1) The funding recipient must maintain records relating to the nature and frequency of motor vehicle crashes involving death or personal injury occurring at the site of the funded project.\n (2) The funding recipient must maintain the records required by subsection (1) for a period of 5 years, commencing on the receipt of the funding payment.\n (3) The funding recipient must, at all reasonable times, permit a person authorised by the Minister to inspect any records maintained by the funding recipient as required by subsection (1).","sortOrder":91},{"sectionNumber":"85","sectionType":"section","heading":"Amount repayable on breach of condition","content":"#### 85 Amount repayable on breach of condition\n\n (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C) then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice.\n (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1).\n (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement.\n (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.","sortOrder":92},{"sectionNumber":"86","sectionType":"section","heading":"Determination of other conditions if no funding agreement","content":"#### 86 Determination of other conditions if no funding agreement\n\n (1) The Minister may, in writing, determine other conditions that apply to the provision of funding in accordance with section 78.\n (2) The Minister may determine different conditions to apply in different classes of situations.\n (3) The Minister may, in writing, vary or revoke conditions determined under subsection (1).\n (4) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":94},{"sectionNumber":"Part 8","sectionType":"part","heading":"Roads to Recovery Program","content":"## Part 8—Roads to Recovery Program","sortOrder":95},{"sectionNumber":"87","sectionType":"section","heading":"Roads to Recovery List","content":"#### 87 Roads to Recovery List\n\n (1) The Minister must, by legislative instrument, determine a list (the Roads to Recovery List) that must:\n (aa) specify a funding period in relation to the Roads to Recovery Program; and\n (a) specify the amounts of Commonwealth funding that are to be provided under the Roads to Recovery Program during the specified funding period; and\n (b) in relation to each of those amounts, either:\n (i) specify the name of the person or body that is to receive the amount; or\n (ii) state that the amount is specified on account of a particular State, or a particular area of a State, but the persons or bodies that are to receive the amount have not yet been decided.\n (2) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument under subsection (1).","sortOrder":96},{"sectionNumber":"88","sectionType":"section","heading":"Variation of Roads to Recovery List","content":"#### 88 Variation of Roads to Recovery List\n\n (1) If:\n (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient’s amount) specified for the named recipient in the List; and\n (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2) If the Minister considers that:\n (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and\n (b) before the named recipient receives the full amount (the named recipient’s amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;\n the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other person or body, or to one or more of the other persons or bodies.\n (2A) If:\n (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and\n (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;\n the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.\n (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.\n (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.\n (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).\n (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n (6) The Minister cannot revoke a Roads to Recovery List.","sortOrder":97},{"sectionNumber":"89","sectionType":"section","heading":"Payments to persons and bodies specified in Roads to Recovery List","content":"#### 89 Payments to persons and bodies specified in Roads to Recovery List\n\n (1) Subject to this section and to section 92, each amount specified in a Roads to Recovery List for a Roads to Recovery funding period is payable to the person or body (if any) specified in the List for that amount.\n (2) The amount is payable in one or more instalments. The amounts and timing of instalments are as determined by the Minister.\n (3) The amount may only be paid during the funding period.\n (4) Payments under this Part are to be made out of money appropriated by the Parliament.\n (5) An instrument determining the amount or timing of an instalment of funding is not a legislative instrument.","sortOrder":98},{"sectionNumber":"90","sectionType":"section","heading":"Conditions that apply to payments","content":"#### 90 Conditions that apply to payments\n\n (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.\n (2) The conditions must include:\n (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and\n (b) a condition that requires the expenditure to be properly accounted for; and\n (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and\n (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.\n (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.\n (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.\n (5) The Minister may, in writing, vary or revoke any of the conditions.\n (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n> Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).\n\n (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":99},{"sectionNumber":"91","sectionType":"section","heading":"Minister’s power to waive conditions etc.","content":"#### 91 Minister’s power to waive conditions etc.\n\n (1) The Minister may, by notice in writing to a person or body:\n (a) exempt the person or body from a condition determined under section 90; and\n (b) if the Minister considers it appropriate to do so—specify a replacement condition to be complied with by the person or body.\n (2) The Minister may, by notice in writing to the person or body:\n (a) revoke the exemption; or\n (b) vary or revoke a replacement condition.\n (3) The other conditions determined under section 90 have effect in relation to a replacement condition as if the replacement condition were a condition determined under section 90.\n (4) A notice under subsection (1), or an instrument revoking an exemption or varying or revoking a replacement condition, is not a legislative instrument.","sortOrder":100},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"## Part 9—Miscellaneous","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Recovery of amounts as debt due to Commonwealth","content":"#### 92 Recovery of amounts as debt due to Commonwealth\n\n An amount that a person or body is liable to repay to the Commonwealth under a condition that applies to a payment under this Act:\n (a) may be recovered by the Commonwealth as a debt in a court of competent jurisdiction; or\n (b) may be deducted from any future payment to the person or body under this Act.","sortOrder":102},{"sectionNumber":"92A","sectionType":"section","heading":"Treatment of partnerships","content":"#### 92A Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) If the Minister enters into a funding agreement with a partnership, the agreement must state:\n (a) the names of all the partners; and\n (b) if the partnership has a registered business name, the registered business name.\n (5) If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n (6) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.\n (7) For the purposes of this Act, a change in the composition of the partnership does not affect the continuity of the partnership.","sortOrder":103},{"sectionNumber":"93","sectionType":"section","heading":"Delegation","content":"#### 93 Delegation\n\n (1) Subject to subsection (2), the Minister may, by signed instrument, delegate to an SES employee, or an acting SES employee, in the Department all or any of the Minister’s powers or functions under this Act.\n (2) The Minister’s powers and functions under Part 2 are not to be delegated.","sortOrder":104},{"sectionNumber":"94","sectionType":"section","heading":"Annual report on operation of Act","content":"#### 94 Annual report on operation of Act\n\n As soon as practicable after the end of each financial year that ends after the commencement of Parts 3, 4, 5, 7 and 8, the Minister must cause a report to be tabled in each House of the Parliament on the operation of this Act during the financial year.","sortOrder":105},{"sectionNumber":"95","sectionType":"section","heading":"Provision of funding otherwise than under this Act","content":"#### 95 Provision of funding otherwise than under this Act\n\n This Act does not impliedly limit any power of the Commonwealth to provide funding for, or in relation to, land transport matters otherwise than under this Act.","sortOrder":106},{"sectionNumber":"96","sectionType":"section","heading":"Regulations","content":"#### 96 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":107}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":792},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of providing Commonwealth funding for land transport infrastructure. The multiple funding programs (Investment Projects, Black Spot, Roads to Recovery, etc.) represent different streams within the same policy framework rather than scope expansion. The constitutional basis provisions (section 4A) are standard federal legislative drafting to ensure validity, not scope creep."},"complexity_factors":["Multiple overlapping funding programs with similar but distinct approval processes (Parts 3, 4, 5, 7, 8)","Extensive defined terms section (section 4) with context-dependent meanings — 'construction' has different meanings for roads, railways and inter-modal facilities","Layered condition structures: mandatory conditions, funding agreement conditions, and Minister-determined conditions with different instrument types","Constitutional redundancy provisions (section 4A) with 11 alternative heads of power","Cross-references between Parts and to external legislation (Legislation Act 2003, Public Governance, Performance and Accountability Act 2013)","Formula-based repayment calculation for land sales (section 25) with defined variables","Exemption provisions with multiple discretionary grounds (section 24)","Partnership treatment rules (section 92A) modifying standard application","Legislative instrument characterisation varies by provision — some instruments are legislative, some are not; some disallowable, some exempt"],"plain_english_summary":"This Act establishes the framework for Commonwealth funding of land transport infrastructure across Australia. It creates several distinct funding programs:\n\n**1. The National Land Transport Network** — A Minister-determined network of nationally significant roads, railways and inter-modal facilities (where cargo/passengers transfer between transport modes). This network must connect capital cities, major commercial centres, or inter-modal facilities, and be important for interstate/international trade and travel.\n\n**2. Investment Projects** — Funding for construction or maintenance of roads, railways and inter-modal facilities, plus transport technology. Projects must be on or connected to the National Land Transport Network (except for new construction in States or external Territories).\n\n**3. Transport Development and Innovation Projects** — Funding for research, planning and analysis related to the Network, or evaluation of past and proposed projects.\n\n**4. Black Spot Projects** — Targeted funding to fix dangerous road locations with histories of serious crashes causing death or injury.\n\n**5. Roads to Recovery Program** — Direct funding to local government bodies for road construction and maintenance, with conditions including maintaining their own road spending levels.\n\n**6. Land Transport Research Entities** — Funding for organisations conducting research to improve land transport operations.\n\n**Who can receive funding?** States, State authorities, local governments, other corporate bodies, and partnerships (with special rules). Non-corporate Commonwealth entities can also receive funding under specific arrangements.\n\n**Key conditions on funding:** Money must be spent on approved purposes; recipients must provide audited financial statements; allow Minister-authorised inspections; and comply with any funding agreements. States and State authorities must generally call public tenders for work (with exemptions for emergencies, minor works, etc.). If States sell land acquired with Commonwealth funds, they must repay a proportionate amount (unless approved to spend it on another project).\n\n**Constitutional basis:** The Act includes extensive \"alternative constitutional basis\" provisions (section 4A) to ensure validity under multiple heads of Commonwealth power — trade and commerce, corporations, Territories, financial assistance to States, defence, and executive power.\n\n**Ministerial powers:** The Minister approves projects, determines the Network, varies approvals, sets conditions, and delegates powers (except Network determination powers). Most approval instruments are not legislative instruments and cannot be disallowed, though some condition-setting instruments are legislative instruments without disallowance."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Section 1 / Section 2 (commencement table)","severity":"high","reasoning":"The short title declares the year 2014, but all commencement dates in the table predate that by nearly a decade. This is internally inconsistent on the face of the Act. This appears to be a compilation artifact where the short title was updated but the commencement table was not, or vice versa, but as presented the Act contradicts itself in its most fundamental provisions.","confidence":0.95,"description":"The Act is titled the 'National Land Transport Act 2014' but the commencement table shows Royal Assent was received on 6 July 2005 and Parts 3-8 commenced on 28 July 2005. An Act titled '2014' cannot have commenced in 2005."},{"type":"circular_definition","section":"Section 8","severity":"low","reasoning":"Sections 8, 9, and 10 create a loop: an Investment Project is defined by ministerial approval (s.8), approval requires eligibility (s.9), and eligibility is defined separately (s.10). While common in legislation, the s.8 definition is entirely hollow without s.10 — the definition does no independent work and is purely circular as drafted.","confidence":0.65,"description":"Circular definition: 'An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.' Section 9(1) then states the Minister may approve a project 'as an Investment Project if, and only if' certain conditions are met. The definition of Investment Project depends entirely on ministerial approval, meaning a project has no independent existence as an Investment Project — it becomes one only by being called one. The substance of what qualifies is entirely in s.10, yet s.8 defines the category by reference to the approval instrument rather than any intrinsic quality."},{"type":"self_contradicting","section":"Section 10(b) and 10(d)","severity":"medium","reasoning":"The eligibility criteria for construction (s.10(a),(c),(e)) are geographically broad (any road/railway/facility in a State or relevant external Territory), while maintenance eligibility (s.10(b),(d)) is restricted to National Land Transport Network roads/railways. This means a road built with Investment Project construction funding may not qualify for Investment Project maintenance funding unless it is on the Network, creating a structural gap in the funding framework.","confidence":0.85,"description":"Section 10 provides that maintenance of a road or railway is only eligible for Investment Project funding if the road or railway 'is included in the National Land Transport Network', but construction of a road or railway is eligible if it is merely 'in a State or relevant external Territory'. This creates an absurd asymmetry: the Commonwealth can fund construction of any road anywhere in a State, but maintenance funding is restricted to Network roads. A road could be eligible for construction funding but ineligible for maintenance funding under the same Part."},{"type":"impossible_compliance","section":"Section 10(b)","severity":"medium","reasoning":"The definition of 'maintenance' in s.4 refers to 'works and repairs to keep the road...in a safe and useable condition'. A proposed road has no condition to maintain. While 'proposed' roads are consistently referenced throughout the Act in the context of construction, its inclusion in a maintenance eligibility criterion is a logical absurdity.","confidence":0.9,"description":"Section 10(b) refers to 'the maintenance of an existing or proposed road'. The concept of maintaining a 'proposed' (i.e., not yet built) road is logically impossible — one cannot maintain infrastructure that does not yet exist."},{"type":"impossible_compliance","section":"Section 10(d)","severity":"medium","reasoning":"Identical reasoning to s.10(b). A proposed railway cannot be maintained as it does not physically exist. The inclusion of 'proposed' in a maintenance context is a drafting error producing an absurd result.","confidence":0.9,"description":"Same as s.10(b): refers to 'the maintenance of an existing or proposed railway'. Maintaining a proposed (non-existent) railway is logically impossible."},{"type":"circular_definition","section":"Section 28 and Section 69","severity":"low","reasoning":"As with s.8 for Investment Projects, these definitions rely entirely on the existence of a ministerial approval instrument rather than any intrinsic quality of the project. The definitions are formally circular.","confidence":0.65,"description":"Both 'Transport Development and Innovation Project' (s.28) and 'Black Spot Project' (s.69) are defined identically by the circular formula: a project is [type] if ministerial approval under the relevant subsection is in force. Both definitions are purely circular and do no independent definitional work."},{"type":"other","section":"Section 84(2)","severity":"low","reasoning":"This is a minor logical quirk rather than a true absurdity. The obligation to maintain records of crashes at a site that has been safety-improved could result in empty records, yet the obligation persists for 5 years. The commencement trigger of 'receipt of the funding payment' also means the obligation begins before any work is done or any improvement achieved.","confidence":0.55,"description":"Section 84(2) requires the funding recipient to maintain crash records 'for a period of 5 years, commencing on the receipt of the funding payment'. However, s.84(1) requires records of crashes 'at the site of the funded project' — which is a road safety improvement site. If the project is successful, there may be no crashes to record, making the 5-year record-keeping obligation either trivially satisfied (empty records) or conceptually paradoxical (recording the absence of the very harm the project was funded to prevent)."},{"type":"other","section":"Section 88(4) and Section 88(6)","severity":"medium","reasoning":"The combination of the unlimited power to increase amounts (s.88(2B)), the prohibition on revocation (s.88(6)), and the prohibition on downward variation creates a structural one-way ratchet effect that may not reflect legislative intent and could create significant fiscal exposure. There is no mechanism to correct an erroneously inflated amount except under s.88(3) which only covers 'errors' in names, not amounts.","confidence":0.75,"description":"Section 88(4) states the Minister 'cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3)', while s.88(6) states the Minister 'cannot revoke a Roads to Recovery List'. However, s.88(2B) permits the Minister to increase amounts for any person or body at any time without apparent limit or condition, effectively allowing unlimited upward variation of a supposedly fixed funding list. Combined with the prohibition on revocation, this creates a one-way ratchet: amounts can only increase, never decrease or be removed."},{"type":"impossible_compliance","section":"Section 93(2)","severity":"low","reasoning":"While non-delegation of substantive policy decisions (like determining the Network) is sensible, applying it to all Part 2 functions including purely administrative publication requirements means even a public servant cannot arrange publication without breaching the delegation prohibition. This is an over-inclusive drafting outcome.","confidence":0.6,"description":"Section 93(2) provides that 'the Minister's powers and functions under Part 2 are not to be delegated.' Part 2 deals with determination of the National Land Transport Network. However, s.7 requires the Minister to 'cause' publication of the Network determination — a purely administrative act. The non-delegation of all Part 2 functions, including purely administrative ones like publication, is disproportionately restrictive and may create impossible compliance if the Minister is unavailable."},{"type":"other","section":"Sections 1 and 2 (repeated verbatim three times)","severity":"high","reasoning":"The verbatim repetition of foundational provisions including the short title and commencement table three times within what purports to be a single Act is a structural absurdity. If taken at face value, there are three competing commencement regimes and three definitions of every term in s.4. Even as a formatting error this creates significant legal uncertainty.","confidence":0.98,"description":"The Act as presented reproduces the entirety of Part 1 (including sections 1, 2, 3, 4, and 4A) verbatim at least three times — once under 'Part 1 Preliminary', again under 'Part 3 Investment Projects', and again under 'Division 1 Approval of Investment Projects'. This structural repetition, while likely a document rendering error, means on the face of the document the Act contains multiple duplicate short title provisions, duplicate commencement tables, and duplicate definitions sections — which could create genuine interpretive confusion about which version governs."}],"contradictions":[{"severity":"high","section_a":"Section 1 (short title: 'National Land Transport Act 2014')","section_b":"Section 2 (commencement table, Column 3: Royal Assent 6 July 2005)","confidence":0.95,"description":"The Act names itself a 2014 Act but the commencement table records Royal Assent in 2005. An Act cannot have been assented to nearly a decade before the year appearing in its short title."},{"severity":"medium","section_a":"Section 10(a) — construction of any road 'in a State or relevant external Territory'","section_b":"Section 10(b) — maintenance only of roads 'included in the National Land Transport Network'","confidence":0.85,"description":"Construction funding is available for any road in a State or Territory, but maintenance funding is restricted to Network roads. A road built under Investment Project construction funding that is not on the Network would be ineligible for Investment Project maintenance funding, creating an asymmetric funding regime for the same infrastructure."},{"severity":"medium","section_a":"Section 13(2) — mandatory funding agreement requirement for non-governmental recipients","section_b":"Section 16(1)(a) — funding may be provided 'in accordance with section 17' (i.e., without a funding agreement)","confidence":0.7,"description":"Section 13(2) mandates that the project approval instrument must state that approval is conditional on a funding agreement for any recipient that is not a State, State authority, local government authority, or government-controlled body. However, s.16(1)(a) provides that funding may be provided in accordance with s.17 (which provides for funding without a funding agreement). If a private body corporate is the approved funding recipient, s.13(2) requires a funding agreement condition, yet s.16 appears to still contemplate s.17 (no-agreement) funding as an alternative pathway, creating a potential conflict."},{"severity":"medium","section_a":"Section 26(3) — Minister's repayment notice power must be exercised 'in accordance with any relevant provisions of the funding agreement'","section_b":"Section 26(1) — Minister 'must' issue repayment notice upon satisfaction of breach","confidence":0.72,"description":"Section 26(1) uses mandatory language ('the funding recipient must repay') triggered by the Minister's notification of breach. However, s.26(3) requires the Minister to exercise repayment powers in accordance with the funding agreement. If the funding agreement restricts or conditions the Minister's right to issue breach notices, the mandatory repayment obligation in s.26(1) could be neutralised by contractual terms, creating a tension between the statutory mandatory obligation and the contractual override."},{"severity":"medium","section_a":"Section 74(1)(c) — Black Spot Project funding recipient must be 'a State or authority of a State'","section_b":"Section 4 (definition of 'approved funding recipient') and Section 69-70 generally","confidence":0.78,"description":"The definition of 'eligible funding recipient' in s.4 includes local government authorities, any body corporate, and (in Parts 4 and 5) partnerships. However, s.74(1)(c) restricts Black Spot Project funding recipients to States or authorities of States only, excluding local government authorities and private bodies. Yet s.71 defines eligible Black Spot Projects as improvements to roads 'in a State' — local government authorities manage most local roads but cannot directly receive Black Spot funding, creating a structural gap in the program's reach."},{"severity":"medium","section_a":"Section 88(2B) — Minister may increase amounts in Roads to Recovery List without stated condition or limit","section_b":"Section 88(4) — Minister cannot vary List except as permitted by subsections (1), (2), (2A), (2B) or (3)","confidence":0.75,"description":"Section 88(2B) permits unlimited increases to any amount in the Roads to Recovery List without any stated precondition, while s.88(4) prohibits all other variations. There is no mechanism to decrease or remove an erroneously increased amount (s.88(3) only covers name corrections). This creates a one-directional amendment power with no corrective mechanism, contradicting the apparent intent of s.88(4) to restrict variation."},{"severity":"low","section_a":"Section 5(2) — National Land Transport Network to consist of roads/railways/facilities 'in the States'","section_b":"Section 4 (definition of 'State') — 'State includes the Australian Capital Territory and the Northern Territory'","confidence":0.7,"description":"Section 5(2) limits the Network to infrastructure 'in the States', and while the definition of State includes the ACT and NT, the section does not reference relevant external Territories (Norfolk Island, Christmas Island, Cocos (Keeling) Islands). By contrast, Investment Project eligibility under s.10 explicitly extends to 'relevant external Territory'. Infrastructure in external Territories cannot be part of the National Land Transport Network but can receive Investment Project funding — a potentially intended but poorly explained asymmetry."},{"severity":"low","section_a":"Section 44(4) — instruments determining conditions under Part 4 are legislative instruments not subject to disallowance","section_b":"Section 27(4) — instruments determining conditions under Part 3 are legislative instruments not subject to disallowance","confidence":0.6,"description":"Both sections use identical language exempting condition-determination instruments from disallowance under s.42 of the Legislation Act 2003. While not internally contradictory, taken together with s.86(4) (Part 7) and s.90(6) (Part 8) — all using the same formula — there is a systemic pattern of removing parliamentary oversight from ministerial conditions that affect the expenditure of public funds. This is not a contradiction per se but a consistent structural anomaly across all four funding parts."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's stated object is narrowly focused on improving the performance of land transport infrastructure for economic and social development. However, the operative provisions extend considerably beyond this: the Roads to Recovery program funds local road maintenance with minimal connection to the national network; the Black Spot program targets road safety at a highly localised level; the Transport Development and Innovation program funds broad research and analysis; and section 4A's alternative constitutional bases explicitly extend the Act's reach to cover defence purposes, external affairs, and executive power — purposes well beyond improving transport infrastructure performance. The scope has broadened from a national infrastructure investment framework to a comprehensive land transport spending vehicle covering local roads, safety, research, and multiple constitutional purposes."},"complexity_factors":["Multiple distinct funding programs (Investment Projects, Transport Development and Innovation Projects, Black Spot Projects, Roads to Recovery) each with their own approval processes, conditions, and funding mechanisms — creating parallel but similar legal structures","Layered conditions framework: mandatory conditions, funding agreement conditions, and ministerially-determined conditions all operate simultaneously and interact with each other","Extensive use of cross-references between sections and parts, requiring the reader to navigate back and forth across the Act to understand any single provision","Section 4A sets out 11 alternative constitutional bases for the Act's operation — this is a sophisticated legal device to ensure the law is valid under multiple heads of the Commonwealth's constitutional powers, but is opaque to non-lawyers","The Act contains repeated structural duplication — identical or near-identical provisions appear across Parts 3, 4, and 7 — making it difficult to identify meaningful differences","Complex definitions with context-dependent meanings (e.g., 'road', 'construction', and 'funding agreement' have different meanings in different Parts)","Significant ministerial discretion throughout, with many decisions explicitly declared 'not a legislative instrument' — meaning they face reduced parliamentary scrutiny and oversight","Interplay between this Act and other legislation (Legislation Act 2003, Public Governance Performance and Accountability Act 2013, Acts Interpretation Act 1901) requires familiarity with multiple legal frameworks","Land sale repayment formula in section 25 involves a mathematical calculation based on proportional Commonwealth contribution — unusual in primary legislation and practically complex to apply"],"plain_english_summary":"## What This Law Does\n\nThe **National Land Transport Act 2014** is the legal framework that governs how the Australian federal government funds land transport infrastructure — think roads, railways, interchanges, and freight hubs — across the country.\n\n## Who Does It Affect?\n\n- **State and Territory governments** — they are the primary recipients of Commonwealth (federal) funding under this Act\n- **Local councils** — eligible for funding, particularly under the Roads to Recovery program\n- **Private companies and other organisations** — can also receive funding for eligible projects\n- **Everyday Australians** — indirectly, through improved roads, safer intersections, and better freight networks\n\n## The Four Main Funding Programs\n\n### 1. 🏗️ Investment Projects\nFunding for building or maintaining roads, railways, and freight transfer hubs. The federal Minister decides which projects get approved based on factors like economic benefit, safety, and whether others (like states) are also contributing money. Recipients must spend the money only on the approved project, keep audited records, and allow government inspectors in.\n\n### 2. 🔬 Transport Development and Innovation Projects\nFunding for research, planning, and studies related to the national transport network — for example, investigating better technologies or analysing how existing projects have performed.\n\n### 3. ⚫ Black Spot Projects\nTargeted funding to fix dangerous sections of roads — known as 'black spots' — where serious crashes involving death or injury have occurred or are likely to occur. Recipients must keep crash records for 5 years after receiving the money.\n\n### 4. 🛣️ Roads to Recovery Program\nDirect funding to local councils and other bodies to build and maintain local roads. The Minister publishes a list specifying exactly who gets what amount. Councils must maintain their own spending on roads — the federal money can't simply replace what the council was already spending.\n\n## The National Land Transport Network\nThe Minister is required to formally determine and publish a map of the **National Land Transport Network** — the key roads, railways, and freight hubs considered vital for interstate trade and travel. This network determines which infrastructure is eligible for certain types of funding.\n\n## Accountability Rules (The Fine Print That Matters)\nAnyone who receives money under this Act must:\n- Spend it **only** on the approved purpose\n- Provide **audited financial statements** within 6 months of each financial year\n- Allow **government inspectors** to examine work and documents\n- **Repay the money** if they break the rules — and the government can recover it as a debt or deduct it from future payments\n\nFor **major construction contracts**, states and state bodies must go through a **public tender process** (i.e., openly advertise for competitive bids), with limited exceptions for urgent or minor work.\n\n## Why It Matters\nThis Act is the legal engine behind billions of dollars of federal infrastructure spending. Whether it's a new highway bypass, fixing a dangerous country road intersection, or funding transport research, this law sets the rules for how that money flows — and what happens if it's misused."}},"importantCases":[],"_links":{"self":"/api/acts/national-land-transport-act-2014","history":"/api/acts/national-land-transport-act-2014/history","analysis":"/api/acts/national-land-transport-act-2014/analysis","conflicts":"/api/acts/national-land-transport-act-2014/conflicts","importantCases":"/api/acts/national-land-transport-act-2014/important-cases","documents":"/api/acts/national-land-transport-act-2014/documents"}}