Commonwealth Numbered Acts

Australian Bicentennial Road Development Trust Fund Act 1982 No. 133 of 1982 - SECT 12

12. (1) In this section, ''relevant expenditure'', in relation to a State,
means expenditure by the State and government authorities of the State, other
than local government bodies, in respect of roads (including expenditure by
the State or such government authorities by way of making payments to local
government bodies in respect of roads) out of funds obtained otherwise than by
virtue of this Act or any other Act providing for a grant to the State of
moneys for expenditure only in relation to roads.

(2) If the Minister becomes satisfied that, during a financial year ending
after 17 August 1982 and on or before 30 June 1988, or during the period of 6
months ending on 31 December 1988, the relevant expenditure of a State was not
maintained in real terms, the Minister may give to the appropriate Minister of
the State notice in writing stating that he has become so satisfied and
specifying the amount by which he is satisfied that the relevant expenditure
of the State during the year or period was less than it would have been if it
had been maintained in real terms.

(3) If the Minister-

   (a)  has given to a Minister of a State notice under sub-section (2) in
        relation to a financial year; and

   (b)  becomes satisfied that, during the period comprised by that year and
        the immediately following year, the relevant expenditure of the State
        was not maintained in real terms, the Minister may direct that
        percentages specified in a column or columns in any of the Schedules
        be varied so that there is a reduction in the amount that may be paid
        to the State out of the Road Fund, and an increase in the amount that
        may be paid to other States out of the Road Fund, by-

   (c)  in a case to which paragraph (d) does not apply, the amount specified
        in the notice; or

   (d)  if the Minister is satisfied that the relevant expenditure of the
        State in that immediately following year was greater than it would
        have been if it had been maintained in real terms, the amount
        ascertained in accordance with the formula AB (BBC) where-

A is the amount specified in the notice;

B is the amount of the relevant expenditure of the State in that immediately
following year; and

C is the amount that the Minister is satisfied would have been the amount of
the relevant expenditure of the State in that immediately following year if
that expenditure had been maintained in real terms.

(4) For the purposes of this section-

   (a)  a reference to the comparative period, in relation to a State, shall
        be construed as a reference to such period before 1 July 1982 as the
        Minister considers to be appropriate to take into account in relation
        to that State;

   (b)  a reference to the relevant expenditure of a State during a period not
        having been maintained in real terms shall be construed as a reference
        to that expenditure having been in real terms less than the
        relevant expenditure of the State during the comparative period;

   (c)  a reference to the relevant expenditure of a State during a period
        having been maintained in real terms shall be construed as a reference
        to that expenditure having been in real terms the same as the
        relevant expenditure of the State during the comparative period; and

   (d)  in comparing the relevant expenditures in real terms of a State during
        2 periods, the Minister shall have regard to the index published by
        the Australian Statistician known as the Implicit Price Deflator for
        Private Non-dwelling Construction and to such other information as he
        considers relevant.

(5) Where, under sub-section (3), the Minister gives a direction that a
percentage or percentages specified in a column in a Schedule be varied, the
total of the percentages in that column shall be deemed to be varied
accordingly.