24Additional conditions with respect to Part II projects

#### 24 Additional conditions with respect to Part II projects (1) In addition to the conditions specified in any other provision of this Act, a grant of financial assistance to a State under section 8 is subject to the following conditions: (a) that, where moneys paid to the State in accordance with the grant are required by virtue of this Act to be expended on the carrying out of an approved project by way of the construction of a national road, the State, if it has not invited tenders for particular works (other than exempt works of the State) involved in the project before the date of commencement of this Act, will invite, and deal with, tenders for those works in accordance with procedures approved by the Minister; (b) that the State will, if requested by the Minister to do so, enter into an arrangement with the Minister for the setting up of a committee of persons representing both the Minister and the appropriate Minister of the State to carry out planning and furnish advice to both Ministers in connection with the provision and maintenance of national roads in the State; (c) that the State will, at all reasonable times, permit a person authorized by the Minister: (i) to inspect any work involved in the carrying out of an approved project; (ii) to carry out reasonable tests on any work that has been or is being carried out on an approved project, being tests designed to ascertain whether the work has been or is being carried out in accordance with the standards applicable to that work in accordance with section 6; and (iii) to inspect and make copies of, or take extracts from, any plans, designs, tenders, records or other documents relating to an approved project; (d) that, if the Minister so requests with respect to an approved project, there will be furnished to the Minister by the State, as soon as practicable after such date as the Minister specifies, a comprehensive report concerning the project or a specified part of the project, being a report containing such particulars as are specified by the Minister; (e) that the State will permit a person authorized by the Minister, at all reasonable times, to inspect and make copies of, or take extracts from, any plans, designs, tenders, records or other documents relating to a project that is included in a program of projects that has been submitted to the Minister under section 7; (f) that the State will make provision satisfactory to the Minister for the provision and maintenance of roads connecting the national roads in the State with other roads in the State; (g) that the State will not, without the consent of the Minister, cause or permit a toll or fee to be charged for the right to travel in a vehicle on or over a particular part of a national road unless a toll or fee was charged for the right to travel in a vehicle on or over the road constituting that part of the national road immediately before the commencement of this Act; and (h) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition specified in a preceding paragraph, the State will repay to the Commonwealth the amount of the financial assistance paid to it under section 8, or such part of that amount as the Minister specifies. (2) In this section: > approved project, in relation to a State, means a project included in a program of projects in respect of which there is in force an approval by the Minister under section 7 in relation to the State in respect of a relevant year. > construction, in relation to a road, means: (a) the construction, reconstruction or realignment of the road; or (b) the bringing of the road to a higher standard. > exempt works, in relation to a State, means works that the State has satisfied the Minister are works the whole of which: (a) are urgently required by reason of an emergency; (b) are of such a minor nature that the invitation of tenders for those works would involve undue additional cost; (c) are of a kind for which it is not practicable to prepare adequate tender specifications; or (d) are of a kind for which competitive tenders are unlikely to be received. (3) A reference in paragraph (1)(a) to works shall be read as a reference to works that are to commence after 31 August 1981.