South Australia act

Rail Transport Facilitation Fund Act 2001

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

3/10 complexity

This Act creates the Rail Transport Facilitation Fund to pay for non‑metropolitan rail projects. The Fund is financed by Parliamentary appropriations, proceeds from sale or leasing of rail assets, income from projects, other designated receipts, and investment returns; the Minister may invest or (with Treasurer approval) borrow to support the Fund.

The Minister decides which rail facilitation projects receive money and how (grants, loans, purchases, works), subject in some cases to Treasurer concurrence. It affects state agencies, private proponents and buyers of rail assets and creates administrative and compliance tasks for applicants.

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Rail Transport Facilitation Fund Act 2001

South Australia Rail Transport Facilitation Fund Act 2001 An Act to facilitate rail transport by establishing a fund dedicated for the purpose; and for other purposes.

Contents 1 Short title 3 Interpretation 4 Establishment of Fund 5 Rail facilitation projects 6 Appropriation and authorisation Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Rail Transport Facilitation Fund Act 2001. 3—Interpretation In this Act— Fund means the Rail Transport Facilitation Fund; rail facilitation project—see section 5(2). 4—Establishment of Fund (1) The Rail Transport Facilitation Fund is established. (2) The Fund is to consist of— (a) the money appropriated by Parliament for the purposes of the Fund; and (b) income derived by the State from the sale or leasing of railway assets, other than income excluded from the operation of this section by determination of the Treasurer after consultation with the Minister; and (c) income derived by the State from rail facilitation projects; and (d) other money received by the State for payment into the Fund, or that should, according to a determination of the Minister made with the concurrence of the Treasurer, be applied for the purposes of the Fund; and (e) income derived from the investment of the Fund. (3) The Minister may invest money from the Fund that is not immediately required for the purposes of the Fund as may be authorised by the Treasurer. (4) The Minister may, with the Treasurer's approval, borrow money for the purposes of the Fund from the Treasurer or from some other source. (5) The Minister may, in connection with the operation of subsection (4)— (a) pay interest on any borrowings; or (b) repay any borrowings; or (c) pay for any other costs associated with any borrowings, and, for these purposes, apply money from the Fund. (6) The Treasurer may, after consultation with the Minister, pay into the Fund money held by a Government Department or agency immediately before the commencement of this Act for transport purposes. (7) This section is (without further appropriation) sufficient authority for the payment of money under subsection (6). 5—Rail facilitation projects (1) The Minister may apply money from the Fund towards rail facilitation projects (whether carried out by the Minister or by any other person or body), other than projects for the facilitation of metropolitan passenger rail services. (2) A rail facilitation project is a project for— (a) the establishment, extension or improvement of a railway or associated equipment or infrastructure; or (b) the acquisition or development of land for a purpose associated with a railway; or (c) promoting, supporting or improving rail transport in some other way. (3) Money may be applied under this section— (a) by way of grant; or (b) by way of loan; or (c) for the purchase of land, equipment, infrastructure or materials; or (d) for the performance of any work or the provision of any service; or (e) in any other manner authorised by the Treasurer. (4) The Minister may enter into an agreement with any other person or body as to the terms on which money will be made available under this section. 6—Appropriation and authorisation This Act is sufficient authority— (a) for the payment of money from the Fund, without further appropriation; and (b) for the carrying out of any rail facilitation project by the Minister. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act Year No Title Assent Commencement 2001 54 Rail Transport Facilitation Fund Act 2001 8.11.2001 20.12.2001 (Gazette 20.12.2001 p5582) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement s 2 omitted under Legislation Revision and Publication Act 2002

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Rail Transport Facilitation Fund Act 2001

South Australia Rail Transport Facilitation Fund Act 2001 An Act to facilitate rail transport by establishing a fund dedicated for the purpose; and for other purposes.

Contents 1 Short title 3 Interpretation 4 Establishment of Fund 5 Rail facilitation projects 6 Appropriation and authorisation Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Rail Transport Facilitation Fund Act 2001. 3—Interpretation In this Act— Fund means the Rail Transport Facilitation Fund; rail facilitation project—see section 5(2). 4—Establishment of Fund (1) The Rail Transport Facilitation Fund is established. (2) The Fund is to consist of— (a) the money appropriated by Parliament for the purposes of the Fund; and (b) income derived by the State from the sale or leasing of railway assets, other than income excluded from the operation of this section by determination of the Treasurer after consultation with the Minister; and (c) income derived by the State from rail facilitation projects; and (d) other money received by the State for payment into the Fund, or that should, according to a determination of the Minister made with the concurrence of the Treasurer, be applied for the purposes of the Fund; and (e) income derived from the investment of the Fund. (3) The Minister may invest money from the Fund that is not immediately required for the purposes of the Fund as may be authorised by the Treasurer. (4) The Minister may, with the Treasurer's approval, borrow money for the purposes of the Fund from the Treasurer or from some other source. (5) The Minister may, in connection with the operation of subsection (4)— (a) pay interest on any borrowings; or (b) repay any borrowings; or (c) pay for any other costs associated with any borrowings, and, for these purposes, apply money from the Fund. (6) The Treasurer may, after consultation with the Minister, pay into the Fund money held by a Government Department or agency immediately before the commencement of this Act for transport purposes. (7) This section is (without further appropriation) sufficient authority for the payment of money under subsection (6). 5—Rail facilitation projects (1) The Minister may apply money from the Fund towards rail facilitation projects (whether carried out by the Minister or by any other person or body), other than projects for the facilitation of metropolitan passenger rail services. (2) A rail facilitation project is a project for— (a) the establishment, extension or improvement of a railway or associated equipment or infrastructure; or (b) the acquisition or development of land for a purpose associated with a railway; or (c) promoting, supporting or improving rail transport in some other way. (3) Money may be applied under this section— (a) by way of grant; or (b) by way of loan; or (c) for the purchase of land, equipment, infrastructure or materials; or (d) for the performance of any work or the provision of any service; or (e) in any other manner authorised by the Treasurer. (4) The Minister may enter into an agreement with any other person or body as to the terms on which money will be made available under this section. 6—Appropriation and authorisation This Act is sufficient authority— (a) for the payment of money from the Fund, without further appropriation; and (b) for the carrying out of any rail facilitation project by the Minister. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act Year No Title Assent Commencement 2001 54 Rail Transport Facilitation Fund Act 2001 8.11.2001 20.12.2001 (Gazette 20.12.2001 p5582) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement s 2 omitted under Legislation Revision and Publication Act 2002