17Variations of amounts specified in Schedules by reason of inability to expend arterial or local roads grant

#### 17 Variations of amounts specified in Schedules by reason of inability to expend arterial or local roads grant (1) Where a State satisfies the Minister that the amount specified in Schedule 2 or 3 in relation to the State in respect of a relevant year is greater than the amount that the State has been, or will be, able to expend, in accordance with this Act, in that year for the purpose in respect of which the amount so specified would, but for this section, be payable to the State, the Minister may direct that the amount so specified in that Schedule shall be deemed to be reduced by such amount as is specified by the Minister in the direction. (2) Where the Minister gives a direction under subsection (1) with respect to an amount specified in Schedule 2 or 3 in relation to a State in respect of a relevant year, the Minister may, subject to subsection (3), direct that another amount specified in a Schedule, or other amounts specified in the Schedules, in relation to the State in respect of that year shall be deemed to be increased by such amount or amounts, as the case requires, as the Minister considers necessary in consequence of that direction. (3) A direction shall not be given under subsection (2) in relation to a State in respect of a relevant year if, as a result of the direction: (a) the sum of the amounts available for payment to the State in respect of that year under this Act would be greater than the sum of the amounts set out in relation to the State in respect of that year in the Schedules; or (b) the State would become liable to repay an amount to the Commonwealth. (4) Where there is in force, in relation to a State in respect of a relevant year, a program of allocations for local roads that has been approved by the Minister under subsection 14(2), the Minister shall not direct that the amount specified in relation to the State in respect of that year in Schedule 3 be increased or reduced unless the State has, under subsection 14(3), proposed that, in the event of the Minister so directing, the program be varied, or the program be revoked and a new program substituted, to take account of the fact that an increased amount or a reduced amount, as the case requires, will, as a result of the direction, be specified in Schedule 3 in relation to the State in respect of that year as the amount payable to the State. (5) Where a direction is given under subsection (1) or (2), this Act has effect as if the amount or amounts referred to in the direction, being an amount or amounts specified in a Schedule or Schedules, had been reduced or increased, as the case may be, in accordance with the direction.