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Roads and Jetties Act 1935
5Application of Fund
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### 5 Application of Fund
> *\[Section 5 Inserted by No. 22 of 1951, s. 3 \]*
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> > (1) *\[Section 5 Subsection (1) amended by No. 41 of 1972, s. 2 \]**\[Section 5 Subsection (1) amended by No. 54 of 1974, s. 2 \]**\[Section 5 Subsection (1) amended by No. 11 of 1977, s. 3 \]**\[Section 5 Subsection (1) amended by No. 51 of 1982, s. 9 \]**\[Section 5 Subsection (1) amended by No. 86 of 1984, s. 4 \]**\[Section 5 Subsection (1) amended by No. 35 of 1985, s. 8 \]**\[Section 5 Subsection (1) amended by No. 86 of 1993, s. 5 \]*There shall be debited to the Fund –
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> > > > (a) all costs and expenses (including the costs of supervision) incurred in or in connection with the construction and maintenance of State highways and subsidiary roads in accordance with the provisions of this Act;
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> > > > (b) . . . . . . . .
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> > > > (c) all sums payable out of the Fund pursuant to [subsection (2)](#GS5@Gs2@EN) ;
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> > > > (d) all sums required for expenditure by the State, in accordance with the provisions of the [Roads Grants Act 1981](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth and any other Commonwealth Act, for any purpose for which those sums are, by virtue of such an Act, required or permitted to be expended;
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> > > > (da) any losses made by the Minister in the exercise or performance of his powers or functions under an Act of Tasmania or a Commonwealth Act or an agreement with the Commonwealth;
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> > > > (e) all costs and expenses incurred by the Minister in or in connection with the purchase, acquisition, or hiring of stores and materials (other than plant) pursuant to [section 17](#GS17@EN) ;
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> > > > (f) all costs and expenses paid or payable under [section 22 of the](/view/html/inforce/2026-04-12/act-1982-057#GS22@EN) [Local Government (Highways) Act 1982](/view/html/inforce/2026-04-12/act-1982-057) in connection with a local highway within the meaning of that Act;
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> > > > (g) all costs and expenses incurred by the Minister in connection with the maintenance or renewal of a bridge under [section 23 of the](/view/html/inforce/2026-04-12/act-1982-057#GS23@EN) [Local Government (Highways) Act 1982](/view/html/inforce/2026-04-12/act-1982-057) ; and
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> > > > (h) all or part of the costs and expenses incurred by the Minister in connection with highway works carried out under [section 111 of the](/view/html/inforce/2026-04-12/act-1982-057#GS111@EN) [Local Government (Highways) Act 1982](/view/html/inforce/2026-04-12/act-1982-057) .
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> > (2) *\[Section 5 Subsection (2) substituted by No. 30 of 1995, s. 3 and Sched. 1 \]*The Minister, out of the Fund, is to pay for a financial year to each of the councils of the municipal areas of Kingborough, (in respect of Bruny Island) Flinders and King Island a sum equivalent to 98% of whichever of the following amounts is the lesser:
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> > > > (a) the amount expended by the council from its own resources during that financial year on roads within its municipal area or, in the case of Kingborough, within Bruny Island; or
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> > > > (b) the amount of motor taxes collected during that financial year within the municipal area or, in the case of Kingborough, within Bruny Island.
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> > (2A) *\[Section 5 Subsection (2A) inserted by No. 54 of 1974, s. 2 \]**\[Section 5 Subsection (2A) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*The amounts paid to a council under [subsection (2)](#GS5@Gs2@EN) shall be expended on roads within its municipality.
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> > (3) A statement of the expenditure out of the Fund shall be submitted annually to Parliament by the Treasurer.