18Variations of amounts specified in Schedules by reason of relative priorities

#### 18 Variations of amounts specified in Schedules by reason of relative priorities (1) Where a State satisfies the Minister that, by reason of a necessity, in a relevant year, to give road works of one kind priority over road works of another kind or of other kinds, the amount specified in relation to the State in respect of that year in Schedule 2 or 3 should be reduced by a particular amount and the amount specified in another Schedule, or the amounts specified in other Schedules, in relation to the State in respect of that year, should be increased by a particular amount or particular amounts, as the case requires, the Minister may direct that those respective amounts so specified shall be deemed to be so reduced or increased. (2) A direction shall not be given under subsection (1) in relation to amounts specified in the Schedules 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 under this Act in respect of that year would be greater or less than the sum of the amounts set out in the Schedules in relation to the State in respect of that year; or (b) the State would become liable to repay an amount to the Commonwealth. (3) 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. (4) Where a direction is given under subsection (1), this Act has effect as if the amounts referred to in the direction, being amounts specified in the Schedules, had been respectively reduced or increased in accordance with the direction.