4Definitions

#### 4 Definitions (1) In this Act, unless the contrary intention appears: > appropriate auditor means: (a) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or (b) in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or (c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is: (i) registered as a company auditor or a public accountant under a law in force in a State; or (ii) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants. > approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects: (a) a Black Spot Project; (b) an Investment Project; (c) a Transport Development and Innovation Project. > approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended: (a) a Black Spot Project; (b) an Investment Project; (c) a Transport Development and Innovation Project. > authority of a State means a body: (a) that is established by a State or by a law of a State; or (b) in which a State has a controlling interest; but does not include a local government authority. > Black Spot Project has the meaning given by section 69. > construction: (a) when used in relation to a railway or road, has a meaning affected by subsection (2); and (b) when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3). > eligible funding recipient means: (a) a State; or (b) an authority of a State; or (c) a local government authority; or (d) any other body corporate; and, when used in Parts 4 and 5,includes a partnership. > Note: Section 92A sets out how this Act applies to partnerships. > funding agreement: (a) when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and (b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part. > inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail. > Investment Project has the meaning given by section 8. > local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory. > maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition. > National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2. > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > Note: Section 51A deals with funding arrangements with non‑corporate Commonwealth entities. > project includes a program. > project approval instrument means: (a) in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and (b) in relation to an Investment Project—the instrument approving the project under subsection 9(1); and (c) in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1). > public utility has a meaning affected by subsection (4). > railway includes any of the following: (a) railway signs; (b) railway control equipment; (c) railway communications equipment; (d) railway lighting equipment; (e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians; (f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway. > relevant external Territory means: (a) Norfolk Island; or (b) the Territory of Christmas Island; or (c) the Territory of Cocos (Keeling) Islands. > road: (a) subject to paragraph (b), includes any of the following associated with a road: (i) traffic signs; (ii) traffic control equipment; (iii) street lighting equipment; (iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians; (v) a path for the use of persons riding bicycles; (va) a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station); (vi) any other thing that is specified in the regulations for the purposes of this definition; and (b) when used in Part 8: (i) also includes a vehicular ferry associated with a road; but (ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi). > Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1). > Roads to Recovery List means the list in force under subsection 87(1) of this Act. > State includes the Australian Capital Territory and the Northern Territory. > Transport Development and Innovation Project has the meaning given by section 28. Meaning of construction in relation to a railway or road (2) In this Act, construction, when used in relation to a railway or road, includes: (a) the reconstruction or realignment of the railway or road; and (b) the bringing of the railway or road to a higher standard; and (c) investigation and associated engineering studies in connection with: (i) the construction, reconstruction or realignment of the railway or road; or (ii) the bringing of the railway or road to a higher standard; or (iii) the planning of alternative routes for the railway or road; and (d) the acquisition of an interest in land for the purpose of: (i) constructing, reconstructing or realigning the railway or road; or (ii) the bringing of the railway or road to a higher standard; and (e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection; but does not include the maintenance of the railway or road. Meaning of construction in relation to an inter‑modal transfer facility (3) In this Act, construction, when used in relation to an inter‑modal transfer facility, includes: (a) the reconstruction of the facility; and (b) work to enable the facility to operate more efficiently; and (c) investigation and associated engineering studies in connection with: (i) the construction or reconstruction of the facility; or (ii) work to enable the facility to operate more efficiently; but does not include maintenance of the facility. Meaning of public utility (4) The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.