Australian Bicentennial Road Development Trust Fund Act 1982
RepealedCTH
This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
133 of 1982
Collection
act
Plain English Summary
6/10 complexity
The Act creates a time‑limited Australian Bicentennial Road Development Trust Fund, financed from specified fractions of motor spirit and diesel duties, to pay States and the Northern Territory for approved road construction projects through to the end of 1989.
The Commonwealth Minister controls project approval, payments, standards, procurement and enforcement, can adjust allocations, and imposes reporting and compliance conditions—creating incentives for States to maintain road (and certain urban transport) spending while imposing administrative and procurement obligations.
Australian Bicentennial Road Development Trust Fund Act 1982
No. 133 of 1982
An Act to establish a Trust Fund for the purpose of the grant of financial assistance to the States and to the Northern Territory for expenditure on upgrading Australian roads in celebration of the Bicentenary in 1988, and for related purposes
[Assented to 20 December 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
This Act may be cited as the Australian Bicentennial Road Development Trust Fund Act 1982.
Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
PART I
PRELIMINARY
PART I—PRELIMINARY
Section
Short title
Commencement
Object of Act
Interpretation
Declaration of roads
Standards for national roads
PART II
AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND
PART II—AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND
Australian Bicentennial Road Development Trust Fund
Moneys to be paid into Road Fund
Application of Road Fund
Variation of percentages for arterial roads at request of State
Increase of funds for national roads
Variation of percentages where State fails to maintain expenditure on roads
Variation of percentages where State fails to maintain capital expenditure on urban public transport systems
Time and manner of payments
Condition of payment of financial assistance out of Road Fund
Closing of Road Fund
TABLE OF PROVISIONS—continued
TABLE OF PROVISIONS—continued
TABLE OF PROVISIONS—continued
Section
PART III
PROJECTS OF ROAD CONSTRUCTION
PART III—PROJECTS OF ROAD CONSTRUCTION
Approval of projects
Variation of projects, &c.
Allocations of Road Fund to local government bodies
PART IV
CONDITIONS OF PAYMENTS
PART IV—CONDITIONS OF PAYMENTS
Minister may require State to furnish information
Statements of expenditure, & c, to be furnished
Condition relating to expenditure of moneys paid out of Road Fund
Additional conditions with respect to approved projects
Australian Bicentennial Road Development Trust Fund Act 1982
No. 133 of 1982
An Act to establish a Trust Fund for the purpose of the grant of financial assistance to the States and to the Northern Territory for expenditure on upgrading Australian roads in celebration of the Bicentenary in 1988, and for related purposes
[Assented to 20 December 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Sub-section 9 (3)
Sub-section 9 (3)
Sub-section 9 (3)
Limit of allocations for urban arterial roads
Column 1
Column 2
State
Percentage
New South Wales...................................
Australian Bicentennial Road Development Trust Fund Act 1982
No. 133 of 1982
An Act to establish a Trust Fund for the purpose of the grant of financial assistance to the States and to the Northern Territory for expenditure on upgrading Australian roads in celebration of the Bicentenary in 1988, and for related purposes
[Assented to 20 December 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
This Act may be cited as the Australian Bicentennial Road Development Trust Fund Act 1982.
Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
PART I PRELIMINARY
PART I—PRELIMINARY
Section
Short title
Commencement
Object of Act
Interpretation
Declaration of roads
Standards for national roads
PART II AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND
PART II—AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND
Australian Bicentennial Road Development Trust Fund
Moneys to be paid into Road Fund
Application of Road Fund
Variation of percentages for arterial roads at request of State
Increase of funds for national roads
Variation of percentages where State fails to maintain expenditure on roads
Variation of percentages where State fails to maintain capital expenditure on urban public transport systems
Time and manner of payments
Condition of payment of financial assistance out of Road Fund
Closing of Road Fund
TABLE OF PROVISIONS—continued TABLE OF PROVISIONS—continued
TABLE OF PROVISIONS—continued
Section
PART III PROJECTS OF ROAD CONSTRUCTION
PART III—PROJECTS OF ROAD CONSTRUCTION
Approval of projects
Variation of projects, &c.
Allocations of Road Fund to local government bodies
PART IV CONDITIONS OF PAYMENTS
PART IV—CONDITIONS OF PAYMENTS
Minister may require State to furnish information
Statements of expenditure, & c, to be furnished
Condition relating to expenditure of moneys paid out of Road Fund
Additional conditions with respect to approved projects
PART V MISCELLANEOUS
PART V—MISCELLANEOUS
Deduction of amount repayable by State
Moneys repaid to Commonwealth
Delegations
Report by Minister
SCHEDULE 1
Limit of allocations for urban arterial roads
SCHEDULE 2
Limit of allocations for rural arterial roads
SCHEDULE 3
Limit of allocations for local roads
Australian Bicentennial Road Development Trust Fund Act 1982
No. 133 of 1982
An Act to establish a Trust Fund for the purpose of the grant of financial assistance to the States and to the Northern Territory for expenditure on upgrading Australian roads in celebration of the Bicentenary in 1988, and for related purposes
[Assented to 20 December 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I PRELIMINARY
PART I—PRELIMINARY
Short title
This Act may be cited as the Australian Bicentennial Road Development Trust Fund Act 1982.
Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
PART II AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND
PART II—AUSTRALIAN BICENTENNIAL ROAD DEVELOPMENT TRUST FUND
Australian Bicentennial Road Development Trust Fund
(1) An account is hereby established to be known as the Australian Bicentennial Road Development Trust Fund.
(2) The Road Fund is a Trust Account for the purposes of section 62a of the Audit Act 1901.
Moneys to be paid into Road Fund
(1) Subject to sub-section (2), there shall be paid into the Road Fund, out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to—
(a) so much of each amount paid to the Commonwealth as duty of Excise, or duty of Customs, in respect of motor spirit, or diesel fuel, entered for home consumption after the relevant time and before 1 July 1983 as bears to the amount the same proportion as 1 cent per litre bears to the
rate of duty, expressed in cents per litre, by reference to which the amount was ascertained; and
(b) so much of each amount paid to the Commonwealth as duty of Excise, or duty of Customs, in respect of motor spirit, or diesel fuel, entered for home consumption after 30 June 1983 and before 1 January 1989 as bears to the amount the same proportion as 2 cents per litre bears to the rate of duty, expressed in cents per litre, by reference to which the amount was ascertained.
(2) The sum of the amounts that, but for this sub-section, would, under sub-section (1), be payable into the Road Fund shall be reduced by the sum of amounts equal to—
(a) so much of each amount paid as duty of Excise, or duty of Customs, in respect of motor spirit, or diesel fuel, entered for home consumption after the relevant time and before 1 July 1983 and repaid to a person by the Commonwealth by way of rebate or otherwise as bears to the amount the same proportion as 1 cent per litre bears to the rate of duty, expressed in cents per litre, by reference to which the amount was ascertained; and
(b) so much of each amount paid as duty of Excise, or duty of Customs, in respect of motor spirit, or diesel fuel, entered for home consumption after 30 June 1983 and before 1 January 1989, and repaid to a person by the Commonwealth by way of rebate or otherwise as bears to the amount the same proportion as 2 cents per litre bears to the rate of duty, expressed in cents per litre, by reference to which the amount was ascertained.
(3) For the purposes of sub-sections (1) and (2), where 2 or more parts of an amount paid as duty were ascertained by reference to different rates of duty, each of those parts shall be taken to be a separate amount so paid.
(4) There shall be paid into the Road Fund interest from the investment of moneys standing to the credit of that Fund.
(5) Moneys paid into the Road Fund by virtue of sub-section (4) shall, for the purposes of this Act, be taken to be amounts paid into the Road Fund by virtue of whichever of paragraph (1) (a) or paragraph (1) (b) the Minister considers to be appropriate.
(6) In this Act—
(a) a reference to the sum of the amounts paid into the Road Fund by virtue of paragraph (1) (a) shall be read as a reference to the difference between—
(i) the sum of the amounts that, but for sub-section (2), would have been paid into the Road Fund, under paragraph (1) (a), and the amounts taken, by virtue of sub-section (5), to have been paid into the Road Fund by virtue of paragraph (1) (a); and
(ii) the sum of the amounts by which payments into the Road Fund were reduced in accordance with paragraph (2) (a); and
(b) a reference to the sum of the amounts paid into the Road Fund by virtue of paragraph (1) (b) shall be read as a reference to the difference between—
(i) the sum of the amounts that, but for sub-section (2), would, under paragraph (1) (b), have been paid into the Road Fund and the amounts taken, by virtue of sub-section (5), to have been paid into the Road Fund by virtue of paragraph (1) (b); and
(ii) the sum of the amounts by which payments into the Road Fund were reduced in accordance with paragraph (2) (b).
(7) In this section, “relevant time” means the hour of 8 o’clock in the evening by standard time in the Australian Capital Territory on 17 August 1982.
Application of Road Fund
9. (1) Subject to this section, amounts standing to the credit of the Road Fund may be paid out of that Fund to a State by way of the grant of financial assistance for expenditure by the State on bicentennial road projects for the construction of roads in the State.
(2) Subject to section 11, the sum of the amounts paid out of the Road Fund, before 1 January 1989, to States by way of the grant of financial assistance for expenditure by the States on bicentennial road projects for the construction of national roads in the States shall not exceed, in the aggregate, an amount equal to the sum of—
(a) 40% of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (a); and
(b) 42% of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (b).
(3) The sum of the amounts paid out of the Road Fund, before 1 January 1989, to a State specified in column 1 of Schedule 1 by way of the grant of financial assistance for expenditure by the State on bicentennial road projects for the construction of urban arterial roads in the State shall not exceed, in the aggregate, an amount equal to the percentage specified in column 2 of that Schedule opposite to the name of that State of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (a) or (b).
(4) The sum of the amounts paid out of the Road Fund, before 1 January 1989, to a State specified in column 1 of Schedule 2 by way of the grant of financial assistance for expenditure by the State on bicentennial road projects for the construction of rural arterial roads in the State shall not exceed, in the aggregate, an amount equal to the sum of—
(a) the percentage specified in column 2 of that Schedule opposite to the name of that State of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (a); and
(b) the percentage specified in column 3 of that Schedule opposite to the name of that State of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (b).
(5) The sum of the amounts paid out of the Road Fund, before 1 January 1989, to a State specified in column 1 of Schedule 3 by way of the grant of financial assistance for expenditure by the State on bicentennial road projects for the construction of local roads in the State shall not exceed, in the aggregate, an amount equal to the sum of—
(a) the percentage specified in column 2 of that Schedule opposite to the name of that State of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (a); and
(b) the percentage specified in column 3 of that Schedule opposite to the name of that State of the sum of the amounts paid into the Road Fund by virtue of paragraph 8 (1) (b).
Variation of percentages for arterial roads at request of State
(1) Subject to sub-section (2), where a State satisfies the Minister that the object of this Act would be furthered if the percentage specified in column 2 in Schedule 1, and a percentage specified in column 2 or 3 in Schedule 2, opposite to the name of that State were to be varied in ways specified by the State, the Minister may direct that those percentages be so varied and, where he gives such a direction, those percentages shall be deemed to be varied accordingly.
(2) The Minister shall not, under sub-section (1), give a direction that percentages specified in columns in Schedules be varied in ways that could result in—
(a) a variation of the total amount that could be paid to a State in accordance with sub-sections 9 (3) and (4);
(b) a variation of the sum of—
(i) the percentages specified in column 2 of Schedule 1; and
(ii) the percentages specified in column 2 of Schedule 2; or
(c) a variation of the sum of—
(i) the percentages specified in column 2 of Schedule 1; and
(ii) the percentages specified in column 3 of Schedule 2.
(3) Where, under sub-section (1), the Minister gives a direction that a percentage specified in a column in a Schedule be varied, the total of the percentages in that column shall be deemed to be varied accordingly.
Increase of funds for national roads
11. (1) Where the Minister and the appropriate Minister of a State agree that, having regard to the object of this Act, it is desirable that an amount (in this sub-section referred to as the “agreed amount”) standing to the credit of the Road Fund should be expended on a bicentennial road project for the construction of a national road in the State instead of being expended on bicentennial road projects for the construction of arterial roads, the Minister,
for the purpose of giving effect to the agreement, may direct that a percentage specified in column 2 in Schedule 1 or column 2 or 3 in Schedule 2, or 2 or more percentages so specified, opposite to the name of that State be reduced so that there is a reduction by the agreed amount of the total amount that may be paid to that State out of the Road Fund for expenditure on bicentennial road projects for the construction of arterial roads and, where the Minister gives such a direction, the percentage or percentages shall be deemed to be reduced accordingly and the agreed amount may be paid out of the Road Fund to that State by way of the grant of financial assistance for expenditure by that State on that bicentennial road project for the construction of a national road.
(2) Where, under sub-section (1), the Minister gives a direction that a percentage specified in a column in a Schedule be reduced, the total of the percentages in that column shall be deemed to be reduced accordingly.
Variation of percentages where State fails to maintain expenditure on roads
(1) In this section, “relevant expenditure”, in relation to a State, means expenditure by the State and government authorities of the State, other than local government bodies, in respect of roads (including expenditure by the State or such government authorities by way of making payments to local government bodies in respect of roads) out of funds obtained otherwise than by virtue of this Act or any other Act providing for a grant to the State of moneys for expenditure only in relation to roads.
(2) If the Minister becomes satisfied that, during a financial year ending after 17 August 1982 and on or before 30 June 1988, or during the period of 6 months ending on 31 December 1988, the relevant expenditure of a State was not maintained in real terms, the Minister may give to the appropriate Minister of the State notice in writing stating that he has become so satisfied and specifying the amount by which he is satisfied that the relevant expenditure of the State during the year or period was less than it
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