Commonwealth Numbered Acts

AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE ACT 1985 No. 59 of 1985 - SECT 26

26. (1) The Minister may, from time to time, request-

   (a)  a State to submit particulars of projects to be undertaken in the
        State for the construction of-

        (i)    national roads;

        (ii)   urban arterial roads; or

        (iii)  rural arterial roads;

   (b)  a State to submit particulars of programs to be undertaken in the
        State for the maintenance of-

        (i)    national roads;

        (ii)   urban arterial roads; or

        (iii)  rural arterial roads;

   (c)  a State or an approved railway authority to submit particulars of
        capital railway projects to be undertaken in the State or by the
        authority, as the case may be;

   (d)  an approved research organization to submit particulars of programs of
        research relating to land transport to be arranged, assisted or
        carried out by the organization; and

   (e)  an approved road safety organization to submit particulars of programs
        of activities relating to road safety to be arranged, assisted or
        carried out by the organization.

(2) The Minister may, in a request made to a State, authority or organization
under sub-section (1), inform the State, authority or organization that the
Minister considers that particulars of a project or program specified in the
request should be submitted to the Minister in accordance with the request.

(3) Where a State, authority or organization, in accordance with a request
made to it under sub-section (1), submits to the Minister particulars of a
project or program, the Minister may approve the project or program.

(4) A project or program referred to in sub-section (1), (2) or (3) may be-

   (a)  a project or program that was commenced, but not completed, before the
        commencement of this Act; or

   (b)  a project or program part of the cost of which it is proposed to meet
        out of funds obtained otherwise than out of the Fund.

(5) Where a State, authority or organization submits particulars of a project
or program in accordance with a request under sub-section (1), those
particulars shall include an estimate of the cost of the project or program
and particulars of any part of that cost proposed to be met out of funds
obtained otherwise than out of the Fund.

(6) The Minister shall not approve a project or program under sub-section (3)
unless the Minister is satisfied-

   (a)  that the undertaking of the project or program would further the
        policies of the Government of the Commonwealth relating to land
        transport; and

   (b)  that, having regard to the costs of projects and programs, and other
        expenditure to be met by payments out of the Fund, the costs in
        relation to the project or program that are proposed to be met by
        payments out of the Fund could be met by such payments made in
        accordance with section 16.

(7) The Minister shall not approve, under sub-section (3), a project or
program for the construction or maintenance of national roads submitted by a
State unless the Minister is satisfied that the project or program complies
with the requirements set out in any notification given to the State under
paragraph 9 (1) (b), (c) or (d) that are applicable in relation to the State.

(8) The Minister shall not approve, under sub-section (3), a capital railway
project submitted by a State or an approved railway authority unless the
Minister is satisfied that-

   (a)  the project is likely to result in improvements to the capacity of, or
        the quality or efficiency of operations in relation to,
        interstate mainline railways; and

   (b)  the State or authority has taken such steps to improve its operational
        or commercial practices as will, in the Minister's opinion, be likely
        to ensure the early achievement of the benefits of those improvements.