20Variations of amounts specified in Schedules by reason of relative priorities

##### 20 Variations of amounts specified in Schedules by reason of relative priorities (1) Where a State satisfies the Minister that, by reason of particular road works (in this subsection referred to as the lesser priority works) having a lesser priority than other particular road works (in this subsection referred to as the greater priority works): (a) an amount specified in a Schedule in relation to the State in respect of a year, being an amount required by this Act to be expended on road works of a kind in which the lesser priority works are included, should be reduced by an amount specified by the State (in this subsection referred to as the variation); and (b) an amount specified in a Schedule in relation to the State in respect of that year, being an amount required by this Act to be expended on road works of a kind in which the greater priority works are included, should be increased by an amount equal to the variation, the Minister may direct that the amounts so specified shall be deemed to be respectively reduced and increased by an amount equal to the variation. (2) A reference in subsection (1) to a Schedule shall be read as not including a reference to Schedule 1, 5 or 11. (3) A direction shall not be given under subsection (1) in relation to a State if the direction could result in the State becoming liable to repay an amount to the Commonwealth under this Act. (4) Where a direction under subsection (1) has effect both in relation to an amount specified in a Part II Schedule and to an amount specified in a Part III Schedule, that direction shall further direct that: (a) where the amount specified in the Part II Schedule is to be reduced in accordance with the direction by an amount (in this paragraph referred to as the variation): (i) the amount specified in Schedule 1 in relation to the State to which the direction relates in respect of the year to which the direction relates shall be deemed to be reduced by an amount equal to the variation; and (ii) the amount specified in Schedule 5 in relation to that State in respect of that year shall be deemed to be increased by an amount equal to the variation; and (b) where the amount specified in the Part II Schedule is to be increased in accordance with the direction by an amount (in this paragraph referred to as the variation): (i) the amount specified in Schedule 1 in relation to the State to which the direction relates in respect of the year to which the direction relates shall be deemed to be increased by an amount equal to the variation; and (ii) the amount specified in Schedule 5 in relation to that State in respect of that year shall be deemed to be reduced by an amount equal to the variation. (5) In subsection (4): > Part II Schedule means Schedule 2, 3 or 4. > Part III Schedule means Schedule 6, 7, 8, 9 or 10. (6) 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 Schedules, had been respectively reduced and increased in accordance with the direction.