Part 3Financial provisions

Part 3—Financial provisions 31—Highways Fund (1) The Highways Fund continues in existence. (2) The Fund consists of— (a) money paid into the Fund as required or authorised by this Act or any other Act; and (b) loans raised and appropriated for purposes of the Fund; and (c) any money (including interest) paid into the Fund to defray the cost of operations referred to in section 32(1)(g); and (d) any money (including interest) repaid by a council under section 32(1)(h); and (e) any other money received in repayment of money disbursed from the Fund or otherwise received under this Act; and (f) any amounts paid by way of fees or charges for the use of any ferry or sea transport service operated under this Act. (3) The Treasurer must, at least once every three months, pay into the Fund the sum of all money collected or received in respect of licence fees and registration fees under the Motor Vehicles Act 1959 after deducting from that sum such amount as is necessary to pay, during the financial year in which that money is collected or received— (a) any interest on the debit balance for the time being outstanding in accounts of the Treasurer in respect of loans raised for roads and bridges; and (b) any expenses incurred in connection with statutory or administrative powers, duties or functions exercised or performed by or under the direction of the Registrar of Motor Vehicles; and (c) the regulatory component of registration fees collected or received in respect of heavy vehicles (which must, under section 28 of that Act, be paid into the National Heavy Vehicle Regulator Fund). (4) The Treasurer may in any financial year advance out of the Consolidated Account and pay into the Fund any sum not exceeding the amount that the Treasurer anticipates will, in that financial year, be received or collected and be payable to the Fund under subsection (3). (5) If an amount is paid into the Fund under subsection (4), that amount must be deducted from the amount to be paid into the Fund under subsection (3) during the relevant financial year. 31A—Adjustment of Highways Fund (1) The Treasurer may out of the Consolidated Account pay into the Highways Fund any sum or sums not exceeding in the aggregate one million two hundred and forty thousand dollars. (2) Every such sum shall be deemed to be an advance to the Highways Fund and shall be repaid to the Consolidated Account out of moneys in the Highways Fund in such instalments and at such times as the Treasurer directs. (3) The Treasurer may transfer from the Highways Fund to the credit of the Consolidated Account any sum or sums not exceeding in the aggregate one million two hundred and forty thousand dollars. (4) This section without further appropriation shall be sufficient authority for every payment and transfer mentioned in this section. 32—Application of Highways Fund (1) The moneys standing to the credit of the Highways Fund shall be used by the Commissioner— (a) in the payment of the wages, salaries, and expenses incurred in connection with carrying out the provisions of this Act; and (b) to defray the cost of the operations undertaken by the Commissioner under this Act in connection with roads and works appertaining to roads; and (d) in defraying the cost of any work required to be executed by the State pursuant to any Act of or agreement or arrangement with the Commonwealth relating to the construction, reconstruction and maintenance of roads; and (e) in paying any grants to councils authorised by the Minister to be paid out of the Fund; and (g) in defraying the cost of any operations in connection with any roads and works appertaining to any roads in any case where the said cost or any part thereof is undertaken to be repaid by any council or statutory or public body on such terms and conditions for the payment thereof as may, with the approval of the Minister, be agreed between the Commissioner and the council or statutory or public body, including the payment of interest; and (h) with the approval of the Minister, in making advances to any council, on such terms and conditions as may be agreed between the Commissioner and the council for the repayment thereof and the payment of interest thereon, for the purpose of enabling the council to purchase any plant for road making purposes or for the purposes of the construction of dams or other works for the storage or supply of water; and (i) in repaying to the Treasurer moneys advanced by the Treasurer in accordance with the terms of such repayment as from time to time agreed upon between the Treasurer and the Minister; and (j) in making advances on such terms and conditions as the Minister may approve for the purpose of assisting in the re-housing of persons dispossessed of housing as a consequence of works carried out or proposed to be carried out by the Commissioner; and (k) in repaying to the Treasurer amounts equal to the amounts expended by the Commissioner out of moneys provided by Parliament for the purpose of the purchase of land the whole or part of which was situated within the alignment of a road proposed in the Metropolitan Adelaide Transportation Study but not approved; and (l) in— (i) allocating, at regular intervals, for the purposes of road safety services provided otherwise than by South Australia Police, an amount equal to one-sixth of the fees received by the Registrar of Motor Vehicles during those intervals for the issue of driver's licences in respect of which the full licence fee has been paid, together with— (A) if fees are separately charged for the registration of the prime mover and semi-trailer portions of an articulated motor vehicle—one-hundredth of the fees received by the Registrar of Motor Vehicles during those intervals for the registration of commercial motor vehicles (other than prime movers and trailers) that have an unladen mass of more than 5 tonnes and for the registration of prime movers; or (B) if fees are not so charged—one-hundredth of the fees received by the Registrar of Motor Vehicles during those intervals for the registration of commercial motor vehicles that have an unladen mass of more than 5 tonnes; and (ii) paying to the Treasurer from the moneys so allocated, such amounts as the Treasurer certifies have been lawfully expended in, or in connection with, the provision of those road safety services; and (m) in— (i) allocating for the purposes of road safety services provided by South Australia Police— (a) an amount, in respect of the financial year commencing on the first day of July, 1983, of seven million seven hundred thousand dollars; and (b) an amount, in respect of each subsequent financial year, that has been prescribed by regulation; and (ii) paying to the Treasurer from the moneys so allocated, such amounts as the Treasurer certifies have been lawfully expended on, or in connection with, the provision of those road safety services; and (n) in defraying the cost of the provision or operation of any ferry service or sea transport service operated under this Act and works ancillary thereto; and (o) in defraying the cost of installing, maintaining, altering, operating or removing any traffic control devices that the Commissioner is authorised or required by the Road Traffic Act 1961 to install, maintain, alter, operate or remove; and (p) in defraying the administrative cost of any function carried out by the Commissioner, otherwise than under this Act, with the approval of the Minister. 34—Commissioner's control of fund Subject to the provisions of this Act, the Highways Fund shall be under the control of the Commissioner. 35—Annual program of roadwork (1) The Commissioner must, before the commencement of each financial year, prepare and submit to the Minister for approval a schedule setting out— (a) the program of roadwork proposed to be carried out by the Commissioner during that financial year; and (b) an estimate of the cost of the proposed roadwork. (2) If after submitting a schedule to the Minister the Commissioner makes alterations to the program of roadwork proposed in respect of the financial year to which the schedule relates, the Commissioner must submit to the Minister for approval a further schedule setting out the proposed program of roadwork as altered and an estimate of the cost of the proposed roadwork. (3) The Minister may approve a schedule submitted under this section with such alterations (if any) as the Minister thinks fit. (4) An approval of a schedule under this section constitutes, for the purposes of this Act, an approval to carry out the roadwork proposed in the schedule. 36—Standing approvals etc If a provision of this Act confers a power on the Commissioner the exercise of which requires the approval or consent of the Minister, the Minister may, if the Minister thinks fit, give a standing approval or consent, subject to such conditions (if any) as the Minister thinks fit to impose, to cover the exercise of that power from time to time.