Commonwealth Aid Roads and Works Act 1947

COMMONWEALTH AID ROADS AND WORKS.

No. 17 of 1947.

An Act to grant and apply out of the Consolidated Revenue Fund sums for the purpose of Financial Assistance to the States to be applied in the Construction, Reconstruction, Maintenance and Repair of Roads and Works connected with Transport, and for other purposes.

[Assented to 3rd June, 1947.]

[Date of commencement, 1st July, 1947.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Commonwealth Aid Roads and Works Act 1947.

Definition.

2. In this Act, “the Trust Account” means the Commonwealth Aid Roads and Works Trust Account established in pursuance of this Act.

Establishment of Trust Account.

3. For the purposes of this Act there shall be a Trust Account which shall be known as the Commonwealth Aid Roads and Works Trust Account and shall be a Trust Account within the meaning of section sixty-two a of the Audit Act 1901–1934.

Payments into Trust Account.

4. There shall be payable into the Trust Account—

(a) in each year during the period of three years commencing on the first day of July, One thousand nine hundred and forty-seven, a sum equivalent to the aggregate of the amounts specified in the Schedule to this Act in respect of that year;

(b) in each year during the period of three years commencing on the first day of July, One thousand nine hundred and forty-seven, the sum of One million five hundred thousand pounds; and

(c) the sum of One hundred thousand pounds.

Appropriation.

5. The Consolidated Revenue Fund is, to the extent necessary for the purpose of making payment to the Trust Account of any sum payable to the Trust Account under the last preceding section, hereby appropriated for the purpose.

Payment of financial assistance to States.

6.—(1.) There shall be payable, for the purpose of financial assistance to the States, out of the Trust Account any sum paid into the Trust Account to which paragraph (a) of section four of this Act applies.

(2.) Any sum payable to the States under the last preceding sub-section shall be apportioned in accordance with the following percentages:—

(a) to the State of Tasmania—five per centum of that sum;

(b) to the other States—

(i) as to three-fifths of ninety-five per centum of that sum, according to the respective populations of those States as recorded at the Census taken in June, One thousand nine hundred and forty-seven;

(ii) as to two-fifths of ninety-five per centum of that sum, according to the respective areas of those States.

(3.) Payment of any amount to a State under sub-section (1.) of this section shall be made upon the following conditions:—

(a) that the amount shall be expended by the State upon the construction, reconstruction, maintenance and repair of roads:

Provided that a sum not exceeding one-sixth of the amount paid to the State may be expended upon such other works connected with transport as the State thinks fit;

(b) that the amount is expended by the State in accordance with a policy agreed to by the Minister; and

(c) that the State will, prior to the thirtieth day of June in each year, submit to the Minister, in such form as is agreed to by the Minister, a statement of proposed allocations of expenditure in respect of road construction works for the next succeeding financial year.

(4.) There shall be payable for the purpose of financial assistance to the States out of the Trust Account an amount of One million pounds out of each sum payable yearly to the Trust Account and to which paragraph (b) of section four of this Act applies.

(5.) An amount payable to the States under the last preceding sub-section shall be apportioned in accordance with sub-section (2.) of this section and any such amount paid to a State shall be subject to the following conditions:—

(a) that the amount shall be expended upon the construction, reconstruction, maintenance and repair of roads through sparsely populated areas, timber country and rural areas or, if the State thinks fit, upon the purchase of road making plant for use in areas where the purchase of such plant is beyond the resources of local authorities:

Provided that the amount shall not, except with the approval of the Minister, be expended on any road declared by the State to be a State highway, main road or trunk road;

(b) that the State shall be responsible for the adequate maintenance of roads in the construction of which the amount is applied; and

(c) that the State will, prior to the thirtieth day of June in each year, submit to the Minister, in such form as is agreed to by the Minister, a statement of proposed expenditure for the next succeeding financial year on road construction and maintenance out of any amount paid or payable to the State under sub-section (4.) of this section.

Expenditure of strategic roads.

7. The sum of Five hundred thousand pounds out of each sum payable yearly to the Trust Account and to which paragraph (b) of section four of this Act applies may be expended by the Commonwealth in the construction and maintenance of strategic roads and roads of access to Commonwealth property:

Provided that no amount shall be expended under this section on any road, not being a road of access to Commonwealth property, unless the Minister has declared by notice in the Gazette that—

(a) it is a strategic road; and

(b) where in the opinion of the Minister the road forms part of the general road system of a State, the standard of maintenance required by the Commonwealth is higher than that justified by the normal volume of traffic.

Road safety practices.

8. The sum payable to the Trust Account and to which paragraph (c) of section four of this Act applies may be expended by the Commonwealth in the promotion of road safety practices throughout Australia in accordance with proposals approved by the Minister.

Regulations

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

Section 4. THE SCHEDULE.

(1.) So much of the duties of customs payable and collected under the Tariff Item specified in this paragraph in respect of the goods specified in this paragraph as shall be equal to 3d. per gallon of all those goods which shall be entered for home consumption during each year of the period of three years commencing on the first day of July, 1947 that is to say, the duties of customs payable and collected, under Tariff Item 229 (o) in the Schedule to the Customs Tariff 1933–1939 or under that Tariff Item as amended or proposed to be amended, during each year of that period of three years in respect of petroleum and shale products, viz., naphtha, benzine, benzoline, gasoline, pentane, petrol and any other petroleum or shale spirit.

(2.) So much of the duties of excise payable and collected under the Tariff Item specified in this paragraph in respect of the goods specified in this paragraph as shall be equal to l½d. per gallon of all those goods which shall be entered for home consumption during each year of that period of three years that is to say, the duties of excise payable and collected under Tariff Item 11 in the Schedule to the Excise Tariff 1921–1939 or under that Tariff Item as amended or proposed to be amended during each year of that period of three years in respect of—

(a) petroleum or shale products, viz., petrol, benzine, benzoline, gasoline, naphtha, pentane, and any other petroleum or shale spirit as described in that Item;

(b) petroleum or shale distillates, viz., turpentine substitutes; and

(c) coal tar and coke oven distillates (including benzol) suitable for use as petrol substitutes as described in that Item.

(3.) So much of the duties of excise payable and collected under the Tariff Item specified in paragraph 2 of this Schedule in respect of the goods specified in that paragraph (other than benzol) as shall be equal to ½d. per gallon of all those goods which shall be entered for home consumption during each year of that period.

(4.) The duties of customs and excise specified in the foregoing provisions of this Schedule shall not include duties payable and collected in respect of any goods used in civil aircraft for the purposes of civil aviation.