16Principles relating to allocations for local roads

16 Principles relating to allocations for local roads

(1) The Minister may enter into consultations with the appropriate Minister of a State for the purpose of formulating principles relating to the making of allocations for local roads in respect of the State, in so far as such allocations relate to Commonwealth moneys, and may enter into an agreement with the appropriate Minister of the State setting out the principles so formulated. (2) If, at any time, after consultations referred to in subsection (1), the Minister is unable to agree with the appropriate Minister of a State on the principles referred to in that subsection, the Minister may make a determination setting out the principles to be applied in respect of that State and, if he makes such a determination, he shall notify the appropriate Minister of the State accordingly. (3) Where an agreement is entered into under subsection (1) or a determination is made under subsection (2), the Minister shall publish in the Gazette a notice of the entering into of the agreement or of the making of the determination, as the case may be, and of the terms of the agreement or of the determination, as the case may be. (4) Where an agreement is in force under subsection (1), or a determination is in force under subsection (2), setting out principles relating to the making of allocations for local roads in respect of a State: (a) the Minister shall not approve, under subsection 15(2), a program of allocations for local roads in respect of the State unless: (i) the allocations for local roads set out in that program, in so far as they relate to Commonwealth moneys, have been made in accordance with those principles; and (ii) that program sets out, in respect of each of those allocations, the amount of Commonwealth moneys that is included in that allocation. (b) the Minister shall not approve, under subsection 15(3), a variation of a program of allocations for local roads previously approved by the Minister under subsection 15(2) in respect of the State unless: (i) the allocations for local roads set out in that program, as so proposed to be varied, in so far as they relate to Commonwealth moneys, have been made in accordance with those principles; and (ii) that program, as so proposed to be varied, sets out, in respect of each of those allocations, the amount of Commonwealth moneys that is included in that allocation; and (c) the Minister shall not approve, under subsection 15(3), a revocation of, and the substitution of a new program for, a program of allocations for local roads previously approved by the Minister under subsection 15(2) in respect of the State unless: (i) the allocations for local roads set out in the program so proposed to be substituted, in so far as they relate to Commonwealth moneys, have been made in accordance with those principles; and (ii) the program so proposed to be substituted sets out, in respect of each of those allocations, the amount of Commonwealth moneys that is included in that allocation. (5) Where an agreement is in force under subsection (1), the parties to the agreement may, at any time, vary or revoke the agreement. (6) Where a determination by the Minister is in force under subsection (2), the Minister may vary or revoke the determination and, if he does so, shall notify the appropriate Minister of the State concerned accordingly. (7) Where an agreement in force under subsection (1) or a determination in force under subsection (2) is varied: (a) the agreement as so varied shall be deemed to be the agreement as in force under subsection (1); or (b) the determination as so varied shall be deemed to be the determination as in force under subsection (2), as the case may be. (8) Where an agreement in force under subsection (1) or a determination in force under subsection (2) is varied or revoked, the Minister shall publish in the Gazette a notice of the variation or of the revocation, as the case may be, and, in the case of a variation, the particulars of the variation.