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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
AusLink
(National Land Transport—Consequential and Transitional Provisions) Bill
2004
No. ,
2004
(Transport and Regional
Services)
A Bill for an Act to amend laws,
and to deal with transitional matters, in connection with the AusLink
(National Land Transport) Act 2004, and for related
purposes
Contents
Australian Land Transport Development Act
1988 3
A Bill for an Act to amend laws, and to deal with
transitional matters, in connection with the AusLink (National Land
Transport) Act 2004, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the AusLink (National Land
Transport—Consequential and Transitional Provisions) Act
2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedules 1 and 2 |
At the same time as Parts 3 to 8 of the AusLink (National Land
Transport) Act 2004 commence. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Australian Land Transport
Development Act 1988
1 Title
Omit “establish a reserve”, substitute “govern
payments”.
2 Subsection 3(1)
Insert:
AusLink transition time means the commencement of
Parts 3 to 8 of the AusLink (National Land Transport) Act
2004.
3 Subsection 3(1) (definition of charge
rate)
Repeal the definition.
4 Subsection 3(1) (definition of indexation
factor)
Repeal the definition.
5 Subsection 3(1)
Insert:
payment under this Act includes the following:
(a) a payment made out of the Australian Land Transport Development
Reserve;
(b) a payment made out of the Australian Land Transport Development
Account;
before the AusLink transition time.
Note: The Australian Land Transport Development Reserve
existed under the Act until 1 July 1999, when it was replaced by the
Australian Land Transport Development Account (a special account by force of the
Financial Management Legislation Amendment Act 1999). That account was
abolished by the AusLink (National Land Transport—Consequential and
Transitional Provisions) Act 2004.
6 Subsection 3(1) (definition of
Reserve)
Repeal the definition.
7 Subsection 3(1) (definition of road user
charge)
Repeal the definition.
8 Subsection 3(1) (definition of urban
area)
Repeal the definition.
9 Subsection 3(6)
Omit “out of the Reserve” (wherever occurring), substitute
“under this Act”.
10 Sections 4 to 10
Repeal the sections.
11 Part 2 (heading)
Repeal the heading, substitute:
12 Sections 11 to 14
Repeal the sections.
13 Subsection 15(1)
Omit “sections 16, 17, 18 and 19, amounts standing to the credit
of the Reserve may be paid out of the Reserve”, substitute
“section 19, the Minister may authorise payments under this Act of
the following kinds”.
Note: The heading to section 15 is replaced by the
heading “Payments under this Act”.
14 Subparagraph 15(1)(a)(ii)
Repeal the subparagraph.
15 Subparagraph 15(1)(a)(v)
After “a project, or program of projects,”, insert
“approved under subsection 26(3),”.
16 Paragraph 15(1)(ba)
Repeal the paragraph.
17 Subsection 15(2)
Omit “out of the Reserve”, substitute “under this
Act”.
18 Subsection 15(3)
Repeal the subsection.
19 Sections 17 and 18
Repeal the sections.
20 Section 19
Repeal the section, substitute:
If:
(a) an amount has been paid under this Act to a State for a particular
purpose or project; and
(b) the Minister considers, having regard to the policies of the
Commonwealth in relation to land transport, that it is appropriate to do
so;
the Minister may authorise the amount (or a specified part of the amount)
to be used by the State for another purpose or project set out in
section 15 and specified by the Minister.
21 Sections 20 and 21
Repeal the sections.
22 Section 22
Omit “out of the Reserve”, substitute “under this
Act”.
23 Section 23
Repeal the section, substitute:
A payment made under this Act must be accompanied by a statement
requiring that the payment be expended in arranging, assisting or carrying out a
specified project or program, or a specified class of projects or programs,
approved under subsection 26(3).
24 Section 24
Omit “out of the Reserve”, substitute “under this
Act”.
25 Section 26
Repeal the section, substitute:
No new approvals
(1) The Minister must not grant an approval of a project or program under
this Act on or after the AusLink transition time.
Certain approvals under this Act continue in force
(2) If:
(a) immediately before the AusLink transition time, an approval was in
force under subsection 26(3) of this Act, as then in force; and
(b) the approval is not an approval that is taken to be an approval
granted under the AusLink (National Land Transport) Act 2004 by
item 2 of Schedule 2 to the AusLink (National Land
Transport—Consequential and Transitional Provisions) Act
2004;
then the approval continues in force, and may be dealt with, on and after
the AusLink transition time, as if section 26 of this Act, as in force
immediately before the AusLink transition time, had not been repealed.
(3) A reference in this Act to a project or program approved under
subsection 26(3) of this Act is a reference to a project or program for which an
approval continues in force under subsection (2).
Certain declarations under this Act continue in force
(4) If, immediately before the AusLink transition time, a declaration was
in force under subsection 4(1), 4(2), 5(1), 6(1), 7(1), 7(3), 7A(1), 7B(1),
7B(2), 7C(1), 8(1) or 8(2) of this Act, as then in force, then the
declaration continues in force, and may be dealt with, on and after the AusLink
transition time, as if sections 4, 5, 6, 7, 7A, 7B, 7C and 8 of this
Act, as in force immediately before the AusLink transition time, had not been
repealed.
(5) A reference in this Act to a declaration under subsection 4(1), 4(2),
5(1), 6(1), 7(1), 7(3), 7A(1), 7B(1), 7B(2), 7C(1), 8(1) or 8(2) of this
Act is a reference to a declaration under that subsection, as in force
immediately before the AusLink transition time, that continues in force under
subsection (4).
26 Section 27
Omit “out of the Reserve” (wherever occurring), substitute
“under this Act”.
27 Paragraph 27(2)(a)
Omit “for which the Reserve was established”, substitute
“of this Act”.
Note: The heading to section 28 is altered by omitting
“Reserve” and substituting
“payments”.
28 Section 28A
Omit “from the Reserve” (wherever occurring).
Note: The heading to section 28A is altered by omitting
“from Reserve” and substituting “under this
Act”.
29 Subsection 28A(2)
After “paragraph 15(1)(ba)”, insert “, as in force
immediately before the AusLink transition time,”.
30 Subsection 28A(3)
After “paragraph 15(1)(ba)”, insert “, as in force
immediately before the AusLink transition time,”.
31 Subsection 29(1)
Omit “out of the Reserve”, substitute “under this
Act”.
32 Subsection 30(1)
Omit “out of the Reserve”, substitute “under this
Act”.
33 Section 31
Omit “out of the Reserve” (wherever occurring), substitute
“under this Act”.
Note: The heading to section 31 is altered by omitting
“out of Reserve” and substituting “under this
Act”.
34 Subsection 32(1)
Omit “out of the Reserve” (wherever occurring), substitute
“under this Act”.
35 Section 33
Omit “out of the Reserve”, substitute “under this
Act”.
36 Section 34
Repeal the section.
37 Paragraph 37(1)(a)
Omit “out of the Reserve in accordance with”, substitute
“under”.
38 Section 41
Repeal the section, substitute:
As soon as practicable after 30 June in each financial year in which
payments have been made under this Act, the Minister must cause a report to be
tabled in each House of the Parliament on the operation of this Act during that
financial year.
39 Schedule 2
Repeal the Schedule.
1 Definition of transition
time
In this Schedule:
transition time means the commencement of this
Schedule.
2 Determination of what approvals become approvals
under the AusLink (National Land Transport) Act 2004
(1) The Minister may, in writing, determine:
(a) that specified approvals of projects or programs (each of which is a
carried over approval) that are in force under subsection 26(3) of
the Australian Land Transport Development Act 1988 immediately before the
transition time are to be taken, after that time, to be approvals properly
granted under the AusLink (National Land Transport) Act 2004;
and
(b) for each of those carried over approvals—whether the approval is
to be taken to be an approval of an AusLink National Project, an AusLink
Transport Development and Innovation Project or an AusLink Black Spot Project
(within the meaning of the AusLink (National Land Transport) Act
2004).
(2) The determination has effect accordingly.
(3) The Minister may, in writing, vary the determination to correct an
error.
(4) The Minister cannot vary the determination except as permitted by
subitem (3) and cannot revoke the determination.
(5) For the purposes of the AusLink (National Land Transport) Act
2004, an amount paid under the Australian Land Transport Development Act
1988 before the transition time in respect of a project or program to which
a carried over approval relates is to be counted towards the maximum funding
amount that may be provided under the AusLink (National Land Transport) Act
2004 for the project or program.
(6) The determination under subitem (1), or an instrument varying the
determination, is a legislative instrument for the purposes of the
Legislative Instruments Act 2003, but neither section 42 nor
Part 6 of that Act applies to the instrument.
3 Appropriation
$1,371,489,000 is appropriated out of the Consolidated Revenue Fund in
respect of the financial year ending on 30 June 2005, for the purpose
of:
(a) making payments under the AusLink (National Land Transport) Act
2004 during so much of that year as occurs after the transition time;
and
(b) making payments under the Australian Land Transport Development Act
1988 during so much of that year as occurs after the transition
time.
4 Final charge rate
determination
(1) Despite the amendments made by Schedule 1 to this Act,
section 10 of the Australian Land Transport Development Act 1988, as
in force immediately before the transition time, continues to have effect after
the transition time for the purpose of the making of a determination under that
section in respect of the financial year ending on 30 June 2005.
(2) A determination under section 10 of the Australian Land
Transport Development Act 1988, as that section continues to have effect
under subitem (1), has effect for the purposes of that Act as in force from
1 July 2004 to the transition time.