{"id":"C2004A00104","name":"States Grants (Urban Public Transport) Act 1974","slug":"states-grants-urban-public-transport-act-1974","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"45 of 1974","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2753,"registerId":"commonwealth-C2004A00104-current","compilationNumber":null,"startDate":"2026-03-29","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"States Grants (Urban Public Transport) Act 1974","content":"STATES GRANTS (URBAN PUBLIC TRANSPORT) ACT 1974\n\nNo. 45 of 1974\n\nAn Act relating to Financial Assistance to the States for the purpose of Urban Public Transport.\n\nBE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—\n\nShort title.\n\n1. This Act may be cited as the States Grants (Urban Public Transport) Act 1974.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nApproval of agreement.\n\n3. The agreement a copy of which is set out in the Schedule is approved.\n\nPayments to States.\n\n4. (1) The payments by Australia to a State provided for in the agreement referred to in section 3, including payments by way of advances by Australia under the agreement, may be made to the State, by way of financial assistance, on the terms and conditions contained in the agreement out of moneys appropriated by this Act or out of moneys appropriated by a subsequent Act for the purposes of the agreement.\n\n(2) For the purposes of this Act, there may be paid out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the sum of $71,910,000.\n\n\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE Section 3\n\nAN AGREEMENT made the Twenty ninth day of March One thousand nine hundred and seventy-four between—\n\nTHE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA (in this Agreement called ‘the Australian Government’) of the first part,\n\nTHE GOVERNMENT OF THE STATE OF NEW SOUTH WALES of the second part,\n\nTHE GOVERNMENT OF THE STATE OF VICTORIA of the third part,\n\nTHE GOVERNMENT OF THE STATE OF QUEENSLAND of the fourth part,\n\n \n\nSCHEDULE—continued\n\nTHE GOVERNMENT OF THE STATE OF SOUTH AUSTRALIA of the fifth part,\n\nTHE GOVERNMENT OF THE STATE OF WESTERN AUSTRALIA of the sixth part, and\n\nTHE GOVERNMENT OF THE STATE OF TASMANIA of the seventh part,\n\n(each of which Governments of the States is in this Agreement called a ‘State Government’ and all of which that are for the time being parties to this agreement are referred to as ‘the State Governments ’)\n\nWHEREAS—\n\n(a) in order to assist the orderly development of the major cities of Australia and to improve the standard of living of their citizens, it is desirable that the quality, capacity, efficiency and frequency of the public transport systems in those cities be improved;\n\n(b) to achieve that improvement it is necessary for various projects to be undertaken;\n\n(c) certain projects have been proposed by the State Governments for that purpose and are considered by the Australian Government to offer sufficient economic and social benefits to warrant the provision of financial assistance to enable them to be carried out;\n\n(d) it is anticipated that various other projects will be proposed by State Governments for consideration by the Australian Government with a view to the provision of financial assistance in respect of those projects in accordance with this Agreement;\n\n(e) the Parliament of the Commonwealth of Australia will be requested to approve this Agreement and to authorize the grant of financial assistance to the States to the extent and upon the terms and conditions provided for by this Agreement:\n\nNOW IT IS HEREBY AGREED as follows:\n\nPART I—PRELIMINARY\n\nCommencement of Agreement\n\n1. (1) This Agreement shall have no force or effect and shall not be binding upon any party until it has been approved by the Parliament of the Commonwealth of Australia.\n\n(2) Subject to sub-clause (1) of this clause, this Agreement shall come into force in respect of the Australian Government and of a State Government when it has been executed on behalf of the Australian Government and of the State Government.\n\nOperation as to States\n\n2. Notwithstanding that in this Agreement the Governments of all the States are named as parties, this Agreement shall operate as an agreement between the Australian Government and the State Government or Governments in respect of which it comes into force as fully and effectually as if the Governments in respect of which it comes into force were the only Governments named as parties.\n\nPerformance of Agreement\n\n3. Each Government in respect of which this Agreement comes into force will provide for and secure the carrying out of this Agreement by it and its authorities and instrumentalities.\n\nDefinitions\n\n4. In this Agreement, unless a contrary intention appears—\n\n‘approved ’ in relation to a project or to an estimate means approved or deemed to be approved under Part II of this Agreement;\n\n‘clause’ means clause of this Agreement;\n\n‘financial year’ means a period of twelve months ending on the thirtieth day of June;\n\n‘major city’ means an area designated by the Commonwealth Statistician, for the purposes of Census taken in the year 1971, as—\n\n(a) the Sydney Statistical Division;\n\n(b) the Melbourne Statistical Division;\n\n(c) the Brisbane Statistical Division;\n\n(d) the Adelaide Statistical Division;\n\n(e) the Perth Statistical Division; or\n\n(f) the Hobart Statistical Division;\n\nand includes such other areas as may be agreed between the Australian Government and a State\n\nGovernment;\n\nSCHEDULE-continued\n\n‘project’ means a project referred to in clause 6 of Part II of this Agreement;\n\n‘the Minister’ means the Minister for Transport of the Australian Government;\n\n‘the State Minister’ means the Minister of State of a State Government having administrative responsibility for this Agreement;\n\n‘the Treasurer’ means the Treasurer of the Australian Government.\n\nReferences to Ministers\n\n5. Where in this Agreement a Minister is referred to, the reference shall be deemed to extend to a Minister howsoever designated who has assumed the relevant functions of that Minister and to include a member of the Federal Executive Council or of the Executive Council of the relevant State, as the case may be, for the time being acting for and on behalf of that Minister.\n\nPART II—APPROVAL OF PROJECTS\n\nApplications\n\n6. (1) Where a State Government proposes to carry out a project to improve the quality, capacity, efficiency or frequency of the public transport system of a major city in respect of which it desires financial assistance to be provided by the Australian Government under this Agreement, the State Minister may submit the proposal to the Minister for approval for the purposes of this Agreement.\n\n(2) The projects set out in the Schedule to this Agreement shall be deemed to have been the subject of applications by the relevant State Ministers under this clause and to have been approved in accordance with the succeeding provisions of this Part at the respective initial estimated costs set out in respect of those projects in the Schedule.\n\nInvestigation of Projects\n\n7. (1) A project in respect of which an application has been made under sub-clause (1) of clause 6 shall be the subject of such investigations as the Australian Government considers necessary and are consistent with the nature and objects of the project.\n\n(2) Without derogating from the generality of sub-clause (1), the investigations to be carried out may extend to economic and social benefit/cost analysis, urban development aspects and environmental consequences of the project.\n\n(3) The State Government shall furnish such further information in respect of projects being investigated and such assistance in carrying out the investigations as is reasonably re­quested by the Australian Government.\n\n(4) The information furnished by the State Government in respect of a project shall include initial estimates of the cost of the project and any revised initial estimates of costs that are prepared while the project is under investigation.\n\nApproval of Projects\n\n8. (1) When the Australian Government is satisfied that a project is one in respect of which financial assistance under this Agreement should be provided, the Minister shall inform the State Minister that the project is approved by the Australian Government and specify the amount he understands has been agreed between him and the State Minister as the estimated cost of the project at which the project is approved for the purposes of this Agreement.\n\n(2) The project shall not be taken to be approved under this Part unless and until the State Minister notifies the Minister that the State Government affirms the project as approved by the Australian Government and confirms that he is in agreement that the amount specified by the Minister is the estimated cost of carrying out the project.\n\nPART III—COMPLETION OF APPROVED PROJECTS\n\nPlanning of Approved Projects\n\n9. Where and to the extent considered appropriate by the Minister, the State Government shall, in respect of an approved project—\n\nprepare—\n\n(i) a master plan of the approved project including descriptions, completion programmes and appropriate procedures for performance;\n\n(ii) plans and specifications of the works included in the project;\n\nSCHEDULE—continued\n\n(iii) estimates of the cost of carrying out the project (in addition to the initial estimates referred to in clause 7 and including revised estimates as appropriate); and\n\n(b) furnish to the Minister as required by him copies of the master plan, plans and specifications and estimates.\n\nExecution of Work.\n\n10. A State Government shall carry out or cause to be carried out the works included in approved projects for which it is responsible in conformity with sound engineering and financial practices and in accordance with this Agreement.\n\nVariation and Discontinuance of Approved Projects.\n\n11. (1) An approved project may be varied at any time in such a manner and to such an extent consistent with the fulfilment of the objectives of this Agreement as is agreed by the Minister and the State Minister in or after consultations that at the request of either will be held or arranged by them for this purpose.\n\n(2) If either the State Government concerned or the Australian Government proposes that an approved project be deferred or discontinued, in whole or in part, the State Minister or the Minister, as the case may be, shall notify the other of the proposal and the Ministers shall consult as requisite to ensure that due consideration is given to the proposal. Such action shall be taken arising out of the proposal as is appropriate to the circumstances and is agreed upon by the Ministers in the course of or having regard to these consultations.\n\nAward of Contracts.\n\n12. (1) Except where the State Minister establishes to the satisfaction of the Minister that it is undesirable to do so, a State Government through its appropriate authorities shall invite tenders and, subject to sub-clause (2) of this clause, let contracts for the carrying out of the work involved in an approved project.\n\n(2) The concurrence of the Minister shall be obtained before a contract is awarded where the value of the contract exceeds two hundred and fifty thousand dollars ($250,000) provided that if at the wish of the State Government a contract is awarded to a tenderer other than the lowest acceptable tenderer, the additional cost of carrying out the work by reason of the award of the contract to the higher tenderer shall, subject to the provisions of this Agreement, be borne—\n\n(a) where the State Government considers that the lowest acceptable tender should not be accepted and the Minister agrees—two thirds by the Australian Government and one third by the State Government;\n\n(b) where the Minister considers that the lowest acceptable tender should be accepted but the result of the State proposal is that the contract is awarded to the higher tenderer—by the State.\n\nInspection of Work, etc.\n\n13. A State Government shall permit any officer or employee of the Australian Government authorized by the Minister or such other person as might be arranged between the Minister and State Minister at all reasonable times to inspect any work involved in carrying out an approved project and to inspect, take copies of or extracts from any plans, designs, tenders, or similar documents relating to the approved project.\n\nExtra Work.\n\n14. A State Government shall be entitled, at its own expense, to carry out in conjunction with an approved project such work other than that involved in carrying out the approved project or such work to provide a capacity or equipment in excess of that established under this Agreement in respect of the approved project as the State Government considers necessary.\n\nPART IV—FINANCE\n\nFinancial Assistance.\n\n15. (1) Subject to compliance by the State Government with the provisions of this Agreement, the Australian Government shall, in accordance with and subject to the provisions of this Agreement, provide financial assistance by way of non-repayable grant to a State Government towards meeting expenditure by the State Government in respect of an approved project during the financial years commencing on 1 July in the years 1973, 1974, 1975, 1976 and 1977.\n\n(2) The financial assistance shall be equivalent to two thirds of the expenditure by the State Government in respect of the approved project provided that—\n\n(a) the expenditure shall not include any amounts to be borne by the State under paragraph (b) of sub-clause (2) of clause 12;\n\n \n\nSCHEDULE—\\-continued\n\n(b) the total amount of the financial assistance shall not exceed two thirds of the estimated cost of the project as provided in sub-clause (2) of clause 6 or in clause 8 and two thirds of any variation of cost in accordance with sub-clause (3) of clause 16.\n\n(2) For the purposes of this clause and of sub-clause (2) of clause 18, expenditure for which a State Government has become liable but has not actually met prior to 1 July 1978 may be regarded as expenditure by the State Government during a financial year referred to in sub-clause (1) provided that the expenditure is met by the State Government within the period of 6 months commencing on that date.\n\nExpenditure on Approved Projects.\n\n16. (1) For the purposes of clause 15 expenditure in respect of an approved project means expenditure in carrying out the works included in an approved project and includes the cost of the preparation of the master plan, plans and specifications, and estimates and tender documents referred to in clause 9 and administrative expenses directly related to the carrying out of the approved project but does not include expenses that would have been or would be incurred whether or not the works were carried out.\n\n(2) In calculating expenditure by the State in respect of the approved project there shall be credited the disposal value of land, plant, stores, materials and equipment that—\n\n(a) have been purchased for the approved project and—\n\n(i) are not used;\n\n(ii) are no longer required for carrying out the approved project; or\n\n(iii) are not necessary for the continued operation of the approved project; or\n\n(b) are rendered surplus as a result of the approved project.\n\n(3) Notwithstanding that the estimated cost of an approved project as provided in sub\\-clause (2) of clause 6 or in clause 8 is based on the cost of materials and labour as at June, 1973 or any later date, the expenditure in respect of the approved project for the purposes of this Agreement shall be subject to any variation in cost which is established to the satisfaction of the Minister and which has occurred after the approval of the initial or revised initial estimate as a result of increases in the cost of labour and materials included in the project as approved but not as a result of faulty planning or cost estimation.\n\nAdvances.\n\n17. (1) The Treasurer may, at such times and in such amounts as he thinks fit, make advances on account of the payments that a State Government may become entitled to receive under clause 18.\n\n(2) An amount, or part of an amount advanced under this clause may be deducted by the Australian Government from an amount that subsequently becomes payable under clause 18 or, if no further amounts will become payable under that clause, shall be refunded by the State Government to the Australian Government at the request of the Treasurer.\n\n(3) The State Government shall ensure that an amount, or any part of an amount, advanced to it under this clause and not refunded under sub-clause (2) is not used or applied except for the purpose of meeting or of reimbursing to the State Government expenditure in respect of the relevant approved project.\n\nPayments of Financial Assistance.\n\n18. (1) The Australian Government shall, at the request of the State Government, from time to time and subject to the provisions of this Agreement make payments to the State Government under this Agreement of the financial assistance to be provided to it under this Agreement.\n\n(2) Notwithstanding anything hereinbefore provided, the Australian Government shall not be bound under this Agreement to make a payment of financial assistance to a State Government in any financial year in respect of an approved project which will result in the total amount of the payments made in that financial year and in any previous financial years towards expenditure in respect of the approved project as provided in clause 15, exceeding otherwise than as provided in sub-clause (3) of clause 16—\n\n(a) in respect of a project set out in the Schedule to this Agreement—the sum of the estimated amounts of the Australian Government contribution shown in the Schedule in relation to the project for that financial year and for any previous financial years;\n\n(b) in respect of any other approved project—the sum of amounts agreed upon in writing by the Minister and the State Minister at the time the project is approved as being the estimated amounts of the financial assistance that are to be provided in relation to that project for that financial year and for any previous financial years.\n\n \n\nSCHEDULE—continued\n\nSupporting Financial Evidence.\n\n19. (1) A State Government shall furnish to the Treasurer such documents and other evidence to justify the making of an advance under clause 17 or to show how an amount, or any part of an amount, advanced under that clause has been used or applied, or to support a request by the State Government for a payment under clause 18, as the Treasurer may at any time reasonably request, whether the request is made before or after the Australian Government has made any relevant advance or payment.\n\n(2) Any statement of expenditure by a State Government forwarded to the Australian Government in connection with a request for a payment under clause 18 shall be examined and reported upon in the manner more particularly described in sub-clause (2) of clause 23.\n\nRefunds of Excess Financial Assistance.\n\n20. (1) As soon as practicable after completion of an approved project or after the thirtieth day of June 1978, whichever is the sooner, the State Government shall inform the Australian Government of the total amount of the expenditure by the State Government in respect of the carrying out of the approved project to completion or up to and including that date in accordance with clauses 15 and 16, as the case requires, as shown on the financial statements of the State furnished in accordance with this Agreement that have been audited by the Auditor-General of the State.\n\n(2) If the amount that has been paid to the State Government by the Australian Government under this Agreement in respect of the approved project exceeds the amount of the financial assistance that was payable to the State Government in accordance with the provisions of this Agreement, the amount of the excess shall be refunded by the State Government as soon as practicable after a request for the refund is made by the Australian Government.\n\nAnnual Budgets.\n\n21\\. (1) A State Government shall prepare estimates of expenditure in respect of each approved project of work which will be carried out during the forthcoming financial year and shall submit the estimates to the Minister not later than such date as the Minister specifies to the State Government.\n\n(2) The estimates shall be prepared in such form and shall include such information in respect of approved projects as the Minister may reasonably request and, if the Minister so requests, shall cover such period in excess of the financial year, but not exceeding five years, as is specified in the request.\n\nProvision of Information.\n\n22. Each State Government shall—\n\n(a) keep full accounts and records of all financial transactions, work done, and plant, stores, materials (b) and equipment bought, used or disposed of, in connection with an approved project;\n\n(a) inform the Minister of any material change in the estimated cost of an approved project as soon as practicable after the change becomes apparent;\n\n(c) furnish to the Minister at intervals of not more than six months progress reports and expenditure statements for and revised estimates of an approved project until the project has been completed; and\n\n(d) supply to the Minister from time to time such further information as he may reasonably require for the purposes of this Agreement.\n\nAudit.\n\n23. (1) The accounts, books, vouchers, documents and other records of a State relating to the receipt or payment of money or to the receipt, custody or disposal of plant, stores, materials and equipment in connection with an approved project shall be subject to audit by the Auditor-General of the State.\n\n(2) A report on the audit and on the financial statements by the Auditor-General of the State shall be furnished by the State Government to the Australian Government at least once in every year. The report shall indicate, inter alia, whether in the opinion of the Auditor-General—\n\n(a) the financial statements are based on proper accounts and records and are in agree­ment with those accounts and records; and\n\n(b) the receipt and expenditure of moneys are in accordance with this Agreement,\n\nand shall include reference to such other matters arising out of the audit and financial statements as\n\nSCHEDULE—continued\n\nPART V—GENERAL\n\nthe Auditor-General of the State considers should be reported to the Australian Government.\n\nAustralian Government Representation\n\n24\\. (1) A State Government shall by the thirtieth day of June 1974 provide for Australian Government representation on an appropriate body comprised of State officers concerned with the forward planning and development of policies relating to urban transport.\n\n(2) The representation of the Australian Government will be an Australian Government official or such other person nominated by the Minister as meets the approval of the State Minister.\n\n(3) Detailed arrangements for representation in accordance with this Clause shall be made in an exchange of letters between the respective Governments.\n\nApprovals by Minister\n\n25. Where a matter is required by the provisions of this Agreement to be approved by the Minister, the Minister, before deciding the matter, shall, if so requested by the State Minister, confer with that Minister or, where appropriate, with the relevant Ministers of the State Governments.\n\nImpediments\n\n26. A State Government shall promptly inform the Minister of any matter which inter­feres with, or appears likely to interfere with the implementation of this Agreement.\n\nNotices\n\n27. Any notice, request or other communication to be given or made under this Agree­ment by the Australian Government or by the Minister or the Treasurer to a State Government or a State Minister or by a State Government or a State Minister to the Australian Government or to the Minister or the Treasurer shall be deemed a sufficient notice or communication if it is in writing signed by or on behalf of the Minister or the Treasurer or by the State Minister, as the case may be, and in any case shall be duly given or made if it is delivered at or sent to the office of the recipient Minister or if it is signed and delivered or sent in such manner as is for the time being arranged between the Minister and the State Minister.\n\n```html\n

Projects

Initial Estimated Costs

Estimated Australian Government Contribution

1973/74

1974/75

1975/76

1976/77

1977/78

$m

$m

$m

$m

$m

$m

NEW SOUTH WALES

1. New electric double deck cars for the suburban system

15.75

10.50

…

…

…

…

2. Provision of parking areas at metropolitan railway stations

0.30

0.20

…

…

…

…

3. Enlargement of Glenbrook Railway tunnel

0.40

0.27

…

…

…

…

4. Signalling improvements in Sydney station area

4.50

0.01

1.32

1.67

…

…

5. Signalling improvements in Strathfield area

4.25

0.01

0.71

0.71

0.71

0.71

6. Provision of separate bus lanes from Randwick to

Darlinghurst .........

0.32

0.21

…

…

…

…

7. Passenger interchange facili­ties as specified by the Mini­ster

0.25

0.17

…

…

…

…

8. Information transmission sys­tem for Sydney City Circle railway stations

0.09

0.03

0.03

…

…

…

9. Improvements to interiors of buses and trains

1.00

0.17

0.17

0.17

0.17

…

10. Provision of controls in metropolitan electric trailer cars

0.44

0.15

0.15

…

…

…

Projects

Initial Estimated Costs

Estimated Australian Government Contribution

Projects

Initial Estimated Costs

Estimated Australian Government Contribution

Projects

1973/74

1973/74

$m

$m

$m

$m

$m

$m

11. Provision of auto fare collection equipment in buses

0.06

0.04

…

…

…

…

12. Works towards quadruplicating of railway line between Granville and Penrith

13.34

0.40

1.91

2.05

2.33

2.20

13. Modernisation of railway electricity sub-stations

1.46

0.05

0.19

0.43

0.24

0.06

14. Rebuilding old railway stations as specified by the Minister

0.40

0.27

..

..

..

..

15. Improvements to Sydney ferry wharves as specified by the Minister

0.24

0.16

..

..

..

..

VICTORIA

1. Railways route upgradings

(i) South Kensington -Footscray two additional tracks and associated works

4.60

1.20

1.87

..

..

..

(ii) Caulfield - Mordialloc third track and additional platform at intermediate stations Stage 1 Caulfield to Cheltenham

6.10

0.47

1.67

1.93

..

..

(iii) Sunshine-Deer Park West additional track and two additional stations

1.90

1.07

0.20

..

..

..

(iv) Macleod-Greensborough second track and platform alterations

1.20

0.48

0.33

..

..

..

2. Stations

(i) Construction of two new railway stations (near Dandenong and near Frankston)

0.20

0.13

..

..

..

..

(ii) Rebuilding of railway stations as specified by the Minister

1.40

0.93

..

..

..

..

3.Signalling improvements as specified by the Minister

5.50

0.73

0.73

2.20

4. Passenger interchanges as specified by the Minister

0.50

0.33

..

..

..

..

5. New Vehicles.......

(i) Electric trains.......

5.45

3.63

..

..

..

..

(ii) Trams...........

0.23

0.15

..

..

..

..

(iii) Buses ..........

0.81

0.54

\n```\n\n \n\n```html\n

SCHEDULE‑continued

Projects

Initial Estimated

Costs

Estimated Australian Government Contribution

1973/74

1974/75

1975/76

1976/77

1977/78

$m

$m

$m

$m

$m

$m

QUEENSLAND

1. Cross river rail link to Roma Street Station (Merivale Street Bridge)

8.37

0.80

1.97

2.61

0.20

..

2. Electrification of the sub­urban railway line from Darra to Ferny Grove

7.94

0.88

3.72

0.71

..

..

3. Additional trackage northern corridor Roma Street Station to Northgate

2.12

0.49

0.66

0.26

..

..

SOUTH AUSTRALIA

1. Christie Downs railway extension—including addi­tional track from Brighton to Port Stanvac—line to be electrified

12.00

2.60

5.40

..

..

..

2. Glenelg tram route upgrading

0.80

0.20

0.33

..

..

..

3. MTT Programme....

(i) New buses........

1.30

0.87

..

..

..

..

(ii) Other capital works as specified by the Minister

0.55

0.37

..

..

..

..

WESTERN AUSTRALIA

1. Pedestrian access bridge to Central Bus Station

0.95

0.63

..

..

..

..

2. Bus access road from Fitzgerald Street to Central Bus Station

0.24

0.16

..

..

..

..

3. Mitchell Busway—Stage 1 Design

0.12

0.06

0.02

..

..

..

4. Adelaide Terrace bus lane

0.01

0.01

..

..

..

..

5. Three bus transfer stations at Amelia Street, Innaloo and Whitfords

0.06

0.04

..

..

..

..

6.

New buses .......

1.35

0.90

..

..

..

..

7. Replacement of buildings and jetties at Mends Street, South Perth and Barrack Street, Perth

0.11

0.07

..

..

..

..

TASMANIA

1.

New buses .......

1.00

0.67

..

..

..

..

2.

Ticket issuing machines

0.14

0.03

0.07

..

..

..

3.

Bus shelters.......

0.04

0.01

0.01

..

..

..

\n```\n\n \n\nSCHEDULE—continued\n\nIN WITNESS WHEREOF this Agreement has been executed as at the day and year first above written.\n\n```html\n

SIGNED for and on behalf of THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA by the Honourable EDWARD GOUGH WHITLAM, Prime Minister, in the presence of—

E. G. WHITLAM

D. A. WHITE

SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF NEW SOUTH WALES by the Honourable SIR CHARLES BENJAMIN CUTLER, Acting Premier, in the presence of—

C. B. CUTLER

R. E. GRIFFIN

SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF VICTORIA by the Honourable RUPERT JAMES HAMER, Premier, in the presence of—

R. J. HAMER

J. COLQUHOUN

SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF QUEENSLAND by the Honourable JOHANNES BJELKE-PETERSEN, Premier, in the presence of—

Joh. BJELKE-PETERSEN

GORDON CHALK

SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF SOUTH AUSTRALIA by the Honourable DONALD ALLAN DUNSTAN, Premier, in the presence of—

D. A. DUNSTAN

GEOFF VIRGO

SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF WESTERN AUSTRALIA by the Honourable JOHN TREZISE TONKIN, Premier, in the presence of—

JOHN T. TONKIN

W. S. LONNIE

SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF TASMANIA by the Honourable ERIC ELLIOTT REECE, Premier, in the presence of—

ERIC REECE

A. J. PEDDER

\n```\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1937},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing time-limited financial assistance to States for urban public transport infrastructure. The scope covers exactly what is described in the preamble: improving the quality, capacity, efficiency and frequency of public transport systems in major cities."},"complexity_factors":["Incorporated agreement (Schedule) containing 27 clauses across 5 Parts with interlocking provisions","Financial calculations requiring two-thirds cost-sharing with annual caps and expenditure reconciliation","Multi-layered approval processes involving Ministers, tendering requirements ($250,000 threshold), and audit trails","Extensive cross-referencing between clauses (e.g., clauses 6, 8, 15, 16, and 18 interact to determine final payment amounts)","Detailed project tables allocating specific dollar amounts across five financial years for six different States","Conditional payment triggers including State Auditor-General certification and compliance with 'sound engineering and financial practices'"],"plain_english_summary":"This Act creates a funding partnership between the Australian Government and the States to improve public transport in Australia's major cities between 1974 and 1978.\n\n**What the money is for:**\nThe Commonwealth provides **two-thirds of the cost** of approved projects as non-repayable grants to upgrade urban public transport. This includes:\n- New trains, buses and trams\n- Railway line extensions and track upgrades \n- Stations, signalling systems and busways\n- Passenger interchanges and parking facilities\n\n**Who benefits:**\nProjects in Sydney, Melbourne, Brisbane, Adelaide, Perth and Hobart (defined as \"major cities\" based on 1971 Census boundaries).\n\n**How it works:**\n1. States propose projects to the Federal Transport Minister and must demonstrate economic or social benefits\n2. The Commonwealth has approved **$71.9 million** for this purpose from the Consolidated Revenue Fund\n3. States must follow proper tender processes and get Commonwealth approval for contracts over $250,000\n4. Payments are made in instalments over financial years 1973-74 to 1977-78\n5. States must submit detailed budgets, progress reports and audited financial statements\n6. If costs blow out due to poor planning, the State pays; if due to inflation, costs are shared\n\n**Specific projects listed include:**\n- New electric double-decker trains for Sydney\n- Railway line quadruplication between Granville and Penrith\n- Cross-river rail link to Roma Street in Brisbane\n- Glenelg tram route upgrades in Adelaide\n- Bus transfer stations in Perth\n\nThe Act approves an agreement signed by Prime Minister Gough Whitlam and all six State Premiers in March 1974."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act remains entirely consistent with its original purpose. It is a single-transaction instrument — it approves a specific intergovernmental agreement and appropriates funds for a defined list of urban public transport projects in Australia's capital cities over a finite five-year period (1973–78). There is no evidence of legislative creep or expansion beyond that core purpose. No amending acts have broadened it beyond what is in the original Schedule and agreement. The Act does not attempt to create ongoing regulatory frameworks, standing bodies, or open-ended spending powers."},"complexity_factors":["Dual-layer structure: a short enacting Act of only 4 sections, with a lengthy and detailed intergovernmental agreement embedded as a Schedule — readers must navigate both instruments together","Multiple conditional funding provisions: the two-thirds grant formula is subject to a series of carve-outs (e.g. exclusion of costs borne by states under cl. 12(2)(b), caps tied to per-year contribution estimates, and cost variation adjustments under cl. 16(3))","Cross-referencing between clauses of the Agreement: e.g. clause 15 is conditioned on clauses 6, 8, 12, and 16; clause 18 cross-references clause 15, 16, and 17","Multi-party operation: the agreement must function independently between the Commonwealth and each state that ratifies it, requiring explicit provisions about severability between parties (clause 2)","Complex project schedule: a detailed financial table spanning all six states with project-by-project cost estimates and year-by-year Commonwealth contribution breakdowns across five financial years","Defined terms section (clause 4) with 9 defined terms, some themselves circular (e.g. 'approved' is defined by reference to Part II which it also governs)","Conditional advance and repayment mechanics in clauses 17–20, including a transitional provision allowing expenditure incurred but unpaid before 1 July 1978 to be counted if paid within 6 months","Tender award provisions with a bifurcated cost-allocation rule (cl. 12(2)(a) and (b)) depending on which party pushed for the higher tender"],"plain_english_summary":"## States Grants (Urban Public Transport) Act 1974 — Plain English Summary\n\nThis Act is essentially the Commonwealth's legal \"rubber stamp\" on a funding deal struck between the Australian Government and all six state governments to upgrade public transport in Australia's major cities.\n\n### What does it do?\n\nThe Act approves a formal agreement (called an **intergovernmental agreement** — a contract between different levels of government) signed on 29 March 1974. That agreement sets out how the Commonwealth will hand money to the states to fund specific public transport improvement projects.\n\n**The core money deal:**\n- The Commonwealth contributes **two-thirds** of the cost of each approved project; the state picks up the remaining **one-third**.\n- The total Commonwealth contribution was capped at **$71.91 million**, appropriated (i.e., formally set aside) from the Consolidated Revenue Fund (the main government bank account).\n- Funding covers financial years from **1973–74 through to 1977–78**.\n- Grants are **non-repayable** (free money, not loans) — except if a state overspends relative to the formula, they must refund the excess.\n\n### Who does it affect?\n\n- **State governments** — they apply for project approval, carry out the works, and must comply with strict reporting, auditing, and accountability rules.\n- **Urban commuters** across all six capital city regions — the projects directly benefit people using trains, trams, buses, and ferries in Sydney, Melbourne, Brisbane, Adelaide, Perth, and Hobart.\n\n### What projects were funded?\n\nThe Schedule to the agreement lists dozens of specific infrastructure projects already approved, including:\n- **New South Wales:** New double-decker electric train cars, railway tunnel enlargement, signalling upgrades, dedicated bus lanes, ferry wharf improvements, and station car parks.\n- **Victoria:** Track duplications and extensions, new electric trains, trams and buses, station rebuilds, and signalling improvements.\n- **Queensland:** A cross-river rail link (the Merivale Street Bridge), railway electrification (Darra to Ferny Grove), and additional track capacity.\n- **South Australia:** A new railway extension to Christie Downs (electrified), Glenelg tram upgrades, and new buses.\n- **Western Australia:** A pedestrian bridge and bus access road to the Central Bus Station, new bus stations, new buses, and ferry infrastructure at Perth and South Perth.\n- **Tasmania:** New buses, ticket machines, and bus shelters.\n\n### How does the approval process work?\n\n1. A state proposes a project to the Commonwealth Minister for Transport.\n2. The Commonwealth investigates it (including economic, social, and environmental analysis).\n3. If approved, both ministers agree on the estimated cost — that locks in the funding formula.\n4. The state carries out the works, subject to Commonwealth oversight (including the right to inspect works and review all financial records).\n5. An independent audit by the state's Auditor-General is required annually.\n\n### Key safeguards and conditions:\n- Contracts over **$250,000** require Commonwealth sign-off before being awarded.\n- States must report every six months on progress and spending.\n- States must refund any overpayment once a project is completed.\n- The Commonwealth gets a seat at the table on state urban transport planning bodies.\n- Cost increases due to rising labour and materials prices can be accommodated; cost blowouts from poor planning cannot."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Schedule, Agreement Clause 1(1) and Clause 1(2)","severity":"medium","reasoning":"Clause 1(1) says the Agreement 'shall have no force or effect and shall not be binding upon any party' until Parliamentary approval. Clause 1(2) says 'Subject to sub-clause (1)... this Agreement shall come into force... when it has been executed'. The 'subject to' qualifier partially resolves the tension, but the practical effect is that the execution provisions in clause 1(2) are made contingent on a parliamentary act that hasn't yet occurred at the time of signing. The agreement was physically signed on 29 March 1974 but the Act received Royal Assent later. The agreement thus existed in legal limbo — signed, executed, but with no force — which creates genuine ambiguity about the status of any pre-assent actions taken by governments in anticipation of the agreement's operation.","confidence":0.75,"description":"The Agreement contains a bootstrapping paradox: it has no force or effect until approved by Parliament (clause 1(1)), yet it simultaneously comes into force upon execution by each Government (clause 1(2)). The agreement was executed on 29 March 1974 — before Parliamentary approval — meaning it purports to be both inoperative and operative at the same moment of signing."},{"type":"retroactive_impossibility","section":"Schedule, Agreement Clause 15(1) and Clause 6(2) / Schedule projects","severity":"medium","reasoning":"Clause 15(1) conditions financial assistance on 'compliance by the State Government with the provisions of this Agreement'. The Agreement did not exist until it was executed on 29 March 1974 and had no force until Parliamentary approval (which came even later in 1974). Yet financial assistance is to be provided for expenditure incurred from 1 July 1973 — at least 9 months before the Agreement had legal force. States could not possibly have complied with an agreement that did not exist. The Schedule to the Agreement itself lists 1973/74 contributions, compounding this impossibility. In practice, this is resolved by the deemed-approval mechanism in clause 6(2), but the compliance condition in clause 15(1) remains technically unsatisfied for that first year.","confidence":0.8,"description":"The financial assistance covers expenditure during financial years commencing 1 July 1973, 1974, 1975, 1976 and 1977. However, the Agreement was signed on 29 March 1974 and could not have Parliamentary approval before that date. This makes it retroactively impossible for any State to have 'complied with the provisions of this Agreement' during the 1973/74 financial year (which started 1 July 1973) — yet the Agreement purports to provide assistance for expenditure incurred during that year."},{"type":"other","section":"Schedule, Agreement Clause 22","severity":"medium","reasoning":"The provision reads: '(a) keep full accounts and records... (b) and equipment bought...' — itself an oddity where (b) appears to be a continuation of (a) rather than a separate obligation — followed by '(a) inform the Minister of any material change...' and then '(c)' and '(d)'. This mislabelling is a genuine drafting defect: there are two provisions labelled (a), one labelled (b) which appears to be a fragment, and then (c) and (d). A court or party seeking to rely on the 'inform the Minister' obligation might face argument that it is merely a relabelling of (a) and therefore creates uncertainty about which obligation is meant. This creates genuine interpretive confusion about the scope of State obligations.","confidence":0.9,"description":"Clause 22 contains a drafting error that creates a duplicated sub-clause label. The clause lists obligations (a), (b), (a), (c), (d) — with sub-clause (a) appearing twice. The second sub-clause (a) — 'inform the Minister of any material change in the estimated cost' — is substantively distinct from the first (a), which requires keeping full accounts. This means one of the obligations is formally unlabelled and could be argued to be surplusage or to override the first (a)."},{"type":"other","section":"Schedule, Agreement Clause 15(2) [duplicated subsection numbering]","severity":"medium","reasoning":"Clause 15 has two paragraphs each headed '(2)'. The first deals with the two-thirds ratio and financial assistance caps. The second deals with the treatment of expenditure liabilities incurred before 1 July 1978. Clause 18(2) cross-references 'sub-clause (2) of clause 18' for payment purposes. Other provisions cross-reference clause 15 generally. The duplicate numbering creates genuine ambiguity: when clause 18(2) says payments shall not exceed amounts provided for under clause 15, it is unclear which sub-clause (2) of clause 15 governs. A practitioner relying on the grace-period provision might struggle to invoke it by number.","confidence":0.95,"description":"Clause 15 contains two sub-clauses both numbered (2). The first sub-clause (2) sets out the two-thirds matching grant formula and caps. The second sub-clause (2) — which should be sub-clause (3) — deals with expenditure incurred but not met before 1 July 1978, allowing a 6-month grace period. This mislabelling means clause 18(2) and other cross-references to 'sub-clause (2) of clause 15' are ambiguous as to which provision they invoke."},{"type":"retroactive_impossibility","section":"Schedule, Agreement Clause 24(1)","severity":"low","reasoning":"The Act received Royal Assent in 1974 (the exact date is not given in the text but the Act is No. 45 of 1974). If Royal Assent came after 30 June 1974, the obligation to establish representation 'by the thirtieth day of June 1974' would already be overdue at the moment the Agreement gained legal force. Even if assent came before 30 June 1974, the compressed timeframe between assent and the deadline could make genuine compliance difficult. This is a low-severity issue because in practice governments would have been working towards this in anticipation, but the strict legal position is that the deadline may have been unachievable.","confidence":0.65,"description":"State Governments are required to provide for Australian Government representation on planning bodies 'by the thirtieth day of June 1974'. By the time this legislation received Royal Assent in 1974, this deadline may already have been imminent or passed, making compliance with the specific date potentially impossible for States that executed the agreement late or where Parliamentary approval was delayed."},{"type":"impossible_compliance","section":"Schedule, Agreement Clause 8(1) and Clause 8(2)","severity":"low","reasoning":"Clause 8(1) requires the Commonwealth Minister to 'specify the amount he understands has been agreed between him and the State Minister'. Clause 8(2) says approval only occurs if the State Minister confirms agreement on that amount. If the parties genuinely disagree on the estimated cost, the Commonwealth Minister cannot truthfully state he 'understands' it has been agreed, and the State Minister cannot confirm agreement. Unlike clause 11 (which provides consultation mechanisms for variation and discontinuance), clause 8 has no dispute resolution path. The practical consequence is that a project where the two Ministers cannot agree on cost figures is simply stuck — neither approved nor rejected — with no mechanism to break the impasse.","confidence":0.7,"description":"The project approval mechanism in clause 8 creates a potential deadlock: the Minister specifies the estimated cost and the project is not approved unless the State Minister confirms agreement on that amount. However, if the State Minister disagrees with the Minister's specified amount, there is no dispute resolution mechanism — the project simply cannot be approved. The same Minister who investigated the project (under clause 7) unilaterally states the cost figure, and if the State disagrees, the approval process is permanently blocked with no fallback."}],"contradictions":[{"severity":"medium","section_a":"Schedule, Agreement Clause 15(1)","section_b":"Schedule, Agreement Clause 6(2) and the Schedule projects","confidence":0.72,"description":"Clause 15(1) provides financial assistance only for expenditure 'during the financial years commencing on 1 July in the years 1973, 1974, 1975, 1976 and 1977' — implying expenditure in the 1977/78 year (commencing 1 July 1977) is the last eligible year. However, clause 15(2)[second] allows expenditure 'incurred but not actually met prior to 1 July 1978' to be treated as eligible if paid within 6 months of that date, effectively extending eligibility into the 1978/79 financial year. Meanwhile, the Schedule to the Agreement lists Australian Government contributions in a column headed '1977/78', suggesting the coverage extends to the 1977/78 financial year (commencing 1 July 1977), which is consistent with clause 15(1). However, clause 20(1) refers to 'the thirtieth day of June 1978' as a cut-off, which aligns with the end of the 1977/78 year, creating tension with whether the final eligible year of expenditure is the year ending 30 June 1977 or 30 June 1978."},{"severity":"medium","section_a":"Schedule, Agreement Clause 12(1)","section_b":"Schedule, Agreement Clause 12(2)(a) and 12(2)(b)","confidence":0.78,"description":"Clause 12(1) requires States to invite tenders and let contracts to carry out approved project work. Clause 12(2) provides that where a contract exceeds $250,000, the Minister's concurrence must be obtained before award. However, clause 12(2)(a) and (b) then allocate the 'additional cost' of awarding to a non-lowest tenderer, implying that the contract can in fact be awarded to a higher tenderer even where the Minister disagrees (sub-clause (b) simply allocates cost to the State in that case rather than prohibiting the award). This creates a tension: clause 12(1) coupled with clause 12(2)'s concurrence requirement suggests the Minister has a veto, yet clauses 12(2)(a) and (b) treat the situation where the Minister disagrees as merely a cost-allocation matter rather than a prohibition, undermining the concurrence requirement."},{"severity":"low","section_a":"Schedule, Agreement Clause 17(3)","section_b":"Schedule, Agreement Clause 16(1)","confidence":0.6,"description":"Clause 17(3) restricts advances to being used only 'for the purpose of meeting or of reimbursing to the State Government expenditure in respect of the relevant approved project'. Clause 16(1) defines expenditure to exclude 'expenses that would have been or would be incurred whether or not the works were carried out'. This creates an ambiguity: if a State uses an advance to pay for an overhead expense that would have been incurred regardless (e.g., standing administrative costs), it may technically breach clause 17(3) by applying the advance to non-qualifying expenditure, yet clause 16 only excludes such costs from the expenditure calculation for grant purposes — it does not explicitly prohibit using advance funds for such costs. The two provisions pull in different directions on what the advance money can be used for."},{"severity":"low","section_a":"Section 4(2) of the Act","section_b":"Schedule, Agreement Clause 15 and the project Schedule totals","confidence":0.8,"description":"Section 4(2) of the Act appropriates the fixed sum of $71,910,000 from the Consolidated Revenue Fund. However, section 4(1) also allows payments from 'moneys appropriated by a subsequent Act for the purposes of the agreement'. The Agreement in the Schedule contemplates an open-ended commitment — future projects can be approved under clause 6(1) beyond those listed in the Schedule, and cost variations are permitted under clause 16(3). The fixed appropriation in s4(2) will therefore be insufficient to cover the full potential liability under the Agreement, and the Act does not cap the Commonwealth's liability at the s4(2) figure. This creates a structural tension between the specific fixed appropriation and the open-ended financial commitments in the Agreement."}]}},"importantCases":[],"_links":{"self":"/api/acts/states-grants-urban-public-transport-act-1974","history":"/api/acts/states-grants-urban-public-transport-act-1974/history","analysis":"/api/acts/states-grants-urban-public-transport-act-1974/analysis","conflicts":"/api/acts/states-grants-urban-public-transport-act-1974/conflicts","importantCases":"/api/acts/states-grants-urban-public-transport-act-1974/important-cases","documents":"/api/acts/states-grants-urban-public-transport-act-1974/documents"}}