32Additional conditions with respect to approved projects and programs

#### 32 Additional conditions with respect to approved projects and programs (1) In addition to the conditions specified in any other provision of this Act, a payment of an amount to a State or approved railway authority under this Act is subject to the following conditions: (a) in the case of a State—that, where amounts paid to the State are required by virtue of this Act to be expended on the carrying out of: (i) a project for the construction of a national highway, or of a national arterial road (other than a national arterial road the construction of which was commenced before the commencement of this Act) or of a provincial cities and rural highways road (other than a provincial cities and rural highways road the construction of which was commenced before the commencement of the Australian Centennial Roads Development Amendment Act 1990), being a project that will involve: (A) the construction, reconstruction or realignment of the road; or (B) the bringing of the road to a higher standard; or (ii) a program for the maintenance of a national highway, being a program involving works the estimated cost of which exceeds $2,000,000 and that have been declared, in writing, by the Minister to be works in relation to which tenders are to be called; the State will invite, and deal with, tenders for particular works involved in the activities referred to in sub-subparagraph (i)(A) or (B) or in the works referred to in subparagraph (ii), other than exempt works of the State, in accordance with procedures approved by the Minister; (b) that, where amounts paid to the State or authority are required by virtue of this Act to be expended in relation to a capital railway project or an urban public transport project, being a project that will involve the performance of works, or the purchase of goods, for which it is appropriate to invite tenders, the State or authority will invite, and deal with, tenders for those works or goods in accordance with procedures approved by the Minister; (c) in the case of a State—that the State will, if requested by the Minister to do so, enter into an arrangement with the Minister for the setting up of a committee of persons representing both the Minister and the appropriate Minister of the State to carry out planning and give advice to both Ministers in connection with this Act in so far as it relates to the State; (d) that the State or authority will ensure that signs are displayed and maintained in accordance with requirements notified to the State or authority from time to time by the Minister, being signs that indicate that a project or program or the construction or maintenance of a road is being or has been funded by the Commonwealth; (e) that the State or authority will ensure that such other recognition of the extent to which a project or program or the construction or maintenance of a road is being or has been funded by the Commonwealth will be given by the State or authority in accordance with requirements notified to the State or authority from time to time by the Minister; (f) in the case of a State—that the State will comply with such requirements as are notified to the State from time to time by the Minister prohibiting (either unconditionally or subject to a condition requiring the Minister’s approval to be given) the display of signs (other than traffic signs) near national highways, or national arterial roads, in respect of which any payment has been made under this Act; (g) in the case of a State—that, where the amounts paid to the State are required by virtue of this Act to be expended on projects for the construction of national highways, the State will give to the Minister as soon as practicable after 30 June in each year, a certificate by a person approved by the Minister for the purposes of this paragraph certifying that, in the opinion of the person, work that has been carried out during that year on those projects has been carried out in accordance with the standards (if any) applicable to that work in accordance with section 38; (h) in the case of a State—that the State will: (i) develop and implement quality systems for the purposes of projects and programs relating to national highways (including pavement management systems), national arterial roads, or provincial cities and rural highways roads; and (ii) permit, at all reasonable times, a person authorised by the Minister to assess or monitor those systems and inspect any records, documents or other information that the person may reasonably request to inspect for that purpose; (j) that the State or authority will, at all reasonable times, permit a person authorised by the Minister: (i) to inspect any work involved in the carrying out of a project or program approved under subsection 26(3); and (ii) to inspect and make copies of, or take extracts from, any plans, designs, tenders, records or other documents relating to a project or program approved under subsection 26(3); (k) in the case of a State—that the State will make satisfactory provision for: (i) the maintenance of the national arterial roads in the State; and (ii) the provision and maintenance of roads connecting the national highways and national arterial roads in the State with other roads in the State; (m) in the case of a State—that the State will not, without the written consent of the Minister, cause or permit a toll or fee to be charged for the right to travel in a vehicle on or over a road that is, or any part of which is, a national highway, or a national arterial road, or a provincial cities and rural highways road, in respect of which any payment has been made under this Act; (n) if an asset acquired by the State or approved railway authority or by a government authority that is not a local government body for a purpose in respect of which an amount was paid to the State or approved railway authority: (i) under this Act; (ii) out of an existing Fund; or (iii) under the States Grants (Roads) Act 1977, the Roads Grants Act 1980 or the Roads Grants Act 1981; or any interest in such an asset, is sold or otherwise disposed of after the commencement of this Act, the State or approved railway authority will either pay to the Commonwealth an amount equal to the proceeds of the sale or disposal or to the market value of the asset, whichever is the higher, or ensure that those proceeds are expended: (iv) in the case of a State—on the construction or maintenance of roads or on capital railway projects; or (v) in the case of an approved railway authority—on capital railway projects; (na) in the case of a State—that, where amounts paid to the State are required by virtue of this Act to be expended on the carrying out of a project or program for: (i) the road safety improvement of black spots; or (ii) road safety measures; the State will give to the Minister an undertaking that it will implement road safety initiatives identified by the Minister; (p) that, if the Minister informs the Treasurer of the State or, in the case of an authority, a responsible officer of the authority, that the Minister is satisfied that the State or authority has failed to fulfil a condition specified in a preceding paragraph of this subsection or in section 29, the State or authority will repay to the Commonwealth the amount paid to it, or such part of that amount as the Minister specifies. (2) In this section exempt works, in relation to a State, means: (a) works determined by the Minister to be works the whole of which: (i) are urgently required by reason of an emergency; (ii) are of such a minor nature that the invitation of tenders for those works would involve undue additional cost; (iii) are of a kind for which it is not practicable to prepare adequate tender specifications; or (iv) are of a kind for which competitive tenders are unlikely to be received; or (b) works carried out by a public utility.