Commonwealth Numbered Acts

Australian Bicentennial Road Development Trust Fund Amendment Act 1984 No. 35 of 1984 - SECT 3

3. Section 12 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-sections:



"(1) In this section-
'deficit year', in relation to a State, means a year in respect of which the
Minister gave, or could have given, a notice to the appropriate Minister of
the State under sub-section (2);
'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-

   (a)  this Act;

   (b)  any other Act providing for a grant to the State of moneys for
        expenditure only in relation to roads; or

   (c)  the Community Employment Act 1983.



"(1A) If the Minister becomes satisfied that, during a financial year in the
period commencing on 1 July 1982 and ending on 30 June 1988, the relevant
expenditure of a State (including expenditure that is deemed to be relevant
expenditure in the year by virtue of the operation of sub-section (1B)) was
greater than it would have been if it had been maintained in real terms, the
Minister shall 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 that year was
greater than it would have been if it had been maintained in real terms.



"(1B) Where the Minister has given to a Minister of a State notice under
sub-section (1A) in relation to a financial year, the relevant expenditure of
the State in the immediately following financial year shall be deemed to be
increased by-

   (a)  where the financial year immediately preceding the year to which the
        notice under sub-section (1A) relates is not a deficit year for that
        State, an amount equal to the amount specified in the notice; or

   (b)  where the financial year immediately preceding the year to which the
        notice under sub-section (1A) relates is a deficit year for that
        State, the amount (if any) by which the amount specified in the notice
        exceeds the amount that would have been required to maintain the
        relevant expenditure of the State in real terms in the period
        comprising the year to which the notice relates and the immediately
        preceding year."; and

   (b)  by inserting in sub-section (2) "(including expenditure that is deemed
        to be relevant expenditure in the year by virtue of the operation of
sub-section (1B))" after "State" (first occurring).