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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Land Transport Infrastructure
Amendment Bill 2014
No. , 2014
(Infrastructure and Regional Development)
A Bill for an Act to amend the Nation Building
Program (National Land Transport) Act 2009, and
for related purposes
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Main amendments
3
Part 1--Amendments
3
Nation Building Program (National Land Transport) Act 2009
3
Part 2--Application and transitional provisions
15
Schedule 2--Repeals and other amendments
20
Part 1--Repeal of Acts
20
Australian Land Transport Development Act 1988
20
Railway Standardization (New South Wales and Victoria) Agreement
Act 1958
20
Roads to Recovery Act 2000
20
Part 2--Other amendments
21
Income Tax Assessment Act 1997
21
Telstra Corporation Act 1991
21
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
1
A Bill for an Act to amend the Nation Building
1
Program (National Land Transport) Act 2009, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Land Transport Infrastructure
6
Amendment Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
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 this Act receives the Royal Assent.
2. Schedules 1
and 2
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Main amendments Schedule 1
Amendments Part 1
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
3
Schedule 1
--
Main amendments
1
Part 1
--
Amendments
2
Nation Building Program (National Land Transport) Act
3
2009
4
1 Section 1
5
Omit "Nation Building Program (National Land Transport) Act 2009",
6
substitute "National Land Transport Act 2014".
7
Note:
This item amends the short title of the Act. If another amendment of the Act is
8
described by reference to the Act's previous short title, that other amendment has effect
9
after the commencement of this item as an amendment of the Act under its amended
10
short title (see section 10 of the Acts Interpretation Act 1901).
11
2 Subsection 4(1) (definition of approved funding recipient)
12
Repeal the definition, substitute:
13
approved funding recipient means the eligible funding recipient
14
identified in the project approval instrument in relation to the
15
following projects:
16
(a) a Black Spot Project;
17
(b) an Investment Project;
18
(c) a Transport Development and Innovation Project.
19
3 Subsection 4(1) (definition of approved purposes)
20
Repeal the definition, substitute:
21
approved purposes, in relation to the following projects, means the
22
purposes forming part of the project, other than any purposes that
23
are excluded by the project approval instrument from being
24
purposes on which funding may be expended:
25
(a) a Black Spot Project;
26
(b) an Investment Project;
27
(c) a Transport Development and Innovation Project.
28
4 Subsection 4(1)
29
Insert:
30
Schedule 1 Main amendments
Part 1 Amendments
4
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
Black Spot Project has the meaning given by section 69.
1
5 Subsection 4(1) (definition of Corridor Strategy)
2
Repeal the definition.
3
6 Subsection 4(1) (definition of eligible funding recipient)
4
Repeal the definition, substitute:
5
eligible funding recipient means:
6
(a) a State; or
7
(b) an authority of a State; or
8
(c) a local government authority; or
9
(d) any other body corporate;
10
and, when used in Parts 4 and 5,includes a partnership.
11
Note:
Section 92A sets out how this Act applies to partnerships.
12
7 Subsection 4(1) (paragraph (a) of the definition of funding
13
agreement)
14
Omit ", 6".
15
8 Subsection 4(1)
16
Insert:
17
Investment Project has the meaning given by section 8.
18
9 Subsection 4(1)
19
Repeal the following definitions:
20
(a) definition of National Land Transport Plan;
21
(b) definition of Nation Building Program Black Spot Project;
22
(c) definition of Nation Building Program National Project;
23
(d) definition of Nation Building Program Off-Network
24
Project;
25
(e) definition of Nation Building Program Roads to Recovery
26
funding period;
27
(f) definition of Nation Building Program Roads to Recovery
28
List;
29
(g) definition of Nation Building Program Transport
30
Development and Innovation Project.
31
Main amendments Schedule 1
Amendments Part 1
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
5
10 Subsection 4(1)
1
Insert:
2
non-corporate Commonwealth entity means:
3
(a) a Department within the meaning of the Public Service Act
4
1999; or
5
(b) an Executive Agency within the meaning of the Public
6
Service Act 1999; or
7
(c) any other Agency (except a body corporate) to which the
8
Financial Management and Accountability Act 1997 applies.
9
Note:
Section 51A sets out how this Act applies to non-corporate
10
Commonwealth entities.
11
11 Subsection 4(1) (definition of project approval instrument)
12
Repeal the definition, substitute:
13
project approval instrument means:
14
(a) in relation to a Black Spot Project--the instrument approving
15
the project under subsection 70(1); and
16
(b) in relation to an Investment Project--the instrument
17
approving the project under subsection 9(1); and
18
(c) in relation to a Transport Development and Innovation
19
Project--the instrument approving the project under
20
subsection 29(1).
21
12 Subsection 4(1)
22
Insert:
23
Roads to Recovery funding period means the period specified in
24
the Roads to Recovery List under subsection 87(1).
25
Roads to Recovery List means the list in force under
26
subsection 87(1) of this Act.
27
13 Subsection 4(1)
28
Insert:
29
Transport Development and Innovation Project has the meaning
30
given by section 28.
31
Schedule 1 Main amendments
Part 1 Amendments
6
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
14 After section 4
1
Insert:
2
4A Alternative constitutional basis
3
(1) Without limiting its effect apart from this section, this Act also has
4
effect in relation to Commonwealth funding as provided by this
5
section.
6
(2) This Act also has the effect it would have if its operation in relation
7
to Commonwealth funding were expressly confined to an operation
8
limited to Commonwealth funding in connection with trade or
9
commerce:
10
(a) between Australia and other countries; or
11
(b) among the States; or
12
(c) between Territories or between a Territory and a State.
13
(3) This Act also has the effect it would have if its operation in relation
14
to Commonwealth funding were expressly confined to an operation
15
limited to Commonwealth funding for a corporation to which
16
paragraph 51(xx) of the Constitution applies.
17
(4) This Act also has the effect it would have if its operation in relation
18
to Commonwealth funding were expressly confined to an operation
19
limited to Commonwealth funding:
20
(a) in relation to a Territory government; or
21
(b) in relation to projects or activities in a Territory.
22
(5) This Act also has the effect it would have if its operation in relation
23
to Commonwealth funding were expressly confined to an operation
24
limited to Commonwealth funding in relation to places acquired by
25
the Commonwealth for public purposes.
26
(6) This Act also has the effect it would have if its operation in relation
27
to Commonwealth funding were expressly confined to an operation
28
limited to Commonwealth funding:
29
(a) by way of financial assistance to a State; or
30
(b) in relation to railway construction and extension in a State
31
with the consent of the State.
32
Main amendments Schedule 1
Amendments Part 1
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
7
(7) This Act also has the effect it would have if its operation in relation
1
to Commonwealth funding were expressly confined to an operation
2
limited to Commonwealth funding in relation to external affairs.
3
(8) This Act also has the effect it would have if its operation in relation
4
to Commonwealth funding were expressly confined to an operation
5
limited to Commonwealth funding for purposes relating to the
6
defence of Australia.
7
(9) This Act also has the effect it would have if its operation in relation
8
to Commonwealth funding were expressly confined to an operation
9
limited to Commonwealth funding in so far as it is appropriate for
10
the funding to be provided by the Commonwealth as the national
11
Government of Australia.
12
(10) This Act also has the effect it would have if its operation in relation
13
to Commonwealth funding were expressly confined to an operation
14
limited to Commonwealth funding in so far as it is appropriate for
15
the Parliament, as the national Parliament of Australia, to authorise
16
the Minister to provide the funding.
17
(11) This Act also has the effect it would have if its operation in relation
18
to Commonwealth funding were expressly confined to an operation
19
limited to Commonwealth funding for purposes relating to the
20
executive power of the Commonwealth.
21
15 Part 3 (heading)
22
Repeal the heading, substitute:
23
Part 3--Investment Projects
24
16 Division 1 of Part 3 (heading)
25
Repeal the heading, substitute:
26
Division 1--Approval of Investment Projects
27
17 Section 8
28
Repeal the section, substitute:
29
Schedule 1 Main amendments
Part 1 Amendments
8
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
8 What is an Investment Project?
1
An Investment Project is a project for which an approval by the
2
Minister under subsection 9(1) is in force.
3
18 Section 9 (heading)
4
Repeal the heading, substitute:
5
9 Approval of Investment Projects
6
19 Subsection 9(1)
7
Omit "a Nation Building Program National", substitute "an
8
Investment".
9
20 Sections 10 and 11
10
Repeal the sections, substitute:
11
10 What projects are eligible for approval?
12
A project is eligible for approval as an Investment Project if the
13
project is for one or more of the following:
14
(a) the construction of an existing or proposed road that is in a
15
State or Indian Ocean Territory;
16
(b) the maintenance of an existing or proposed road that is
17
included in the National Land Transport Network;
18
(c) the construction of an existing or proposed railway that is in a
19
State or Indian Ocean Territory;
20
(d) the maintenance of an existing or proposed railway that is
21
included in the National Land Transport Network;
22
(e) the construction of an inter-modal transfer facility in a State
23
or Indian Ocean Territory;
24
(f) the acquisition or application of technology that will, or may,
25
contribute to the efficiency, security or safety of transport
26
operations in a State or Indian Ocean Territory.
27
Note:
The definition of construction in section 4 covers some kinds of work
28
on an existing road, railway or inter-modal transfer facility (hence the
29
references above to the construction of an existing road, railway or
30
inter-modal transfer facility).
31
Main amendments Schedule 1
Amendments Part 1
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
9
11 Is it appropriate to approve a project?
1
The matters to which the Minister may have regard in deciding
2
whether it is appropriate to approve a project as an Investment
3
Project include, but are not limited to, the following matters:
4
(a) the extent to which the project is likely to improve the ability
5
of industries and communities to compete in international,
6
inter-State or inter-regional trade and commerce;
7
(b) the extent to which the project will improve the efficiency,
8
security or safety of transport operations;
9
(c) the results of any assessment of the economic, environmental
10
or social costs or benefits of the project;
11
(d) the extent to which the project is likely to improve access for
12
communities to services and employment;
13
(e) any transport or land use plans that might be relevant to the
14
project;
15
(f) the extent to which persons other than the Commonwealth
16
propose to contribute funding to the project.
17
21 Subsection 12(1)
18
Omit "Nation Building Program National", substitute "Investment".
19
22 Subsections 12(3) and (4)
20
Omit "a Nation Building Program National", substitute "an
21
Investment".
22
23 Subsections 13(1), (2) and (3)
23
Omit "a Nation Building Program National", substitute "an
24
Investment".
25
24 Section 14
26
Omit "a Nation Building Program National", substitute "an
27
Investment".
28
25 Subsection 15(1)
29
Omit "a Nation Building Program National", substitute "an
30
Investment".
31
Schedule 1 Main amendments
Part 1 Amendments
10
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
26 Section 16 (heading)
1
Repeal the heading, substitute:
2
16 Commonwealth funding for Investment Projects
3
27 Subsections 16(1), 17(1) and 18(1)
4
Omit "a Nation Building Program National", substitute "an
5
Investment".
6
28 Subparagraph 24(1)(c)(vi)
7
Omit "prescribed by the regulations", substitute "determined by the
8
Minister by legislative instrument under subsection (4)".
9
29 At the end of section 24
10
Add:
11
(4) The Minister may, by legislative instrument, determine an amount
12
for the purposes of subparagraph (1)(c)(vi).
13
30 After subsection 25(1)
14
Insert:
15
(1A) The funding recipient must, as soon as practicable after selling or
16
disposing of an interest in land that was acquired using all or part
17
of the funding payment, notify the Minister of the sale or disposal.
18
31 Subsections 25(2) and (4)
19
Omit "Nation Building Program National", substitute "Investment".
20
32 Section 30
21
Omit "either or both", substitute "any".
22
33 At the end of section 30
23
Add:
24
; (c) research, investigations, studies or analysis of:
25
(i) projects for which Commonwealth funding has been
26
provided under Part 3 or 7; or
27
Main amendments Schedule 1
Amendments Part 1
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
11
(ii) projects for which Commonwealth funding was
1
provided under Part 6 as in force immediately before its
2
repeal; or
3
(iii) projects for which particulars have been submitted for
4
approval under Part 3 or 7; or
5
(iv) the construction or maintenance of roads that have been
6
funded (in whole or in part) under Part 8.
7
34 Paragraph 31(c)
8
Omit "on Nation Building Program National Projects", substitute
9
"under the Act".
10
35 Part 5 (heading)
11
Repeal the heading, substitute:
12
Part 5--Funding for land transport research
13
entities
14
36 Section 45 (definition of land transport research entity)
15
After "eligible funding recipient", insert ", or a non-corporate
16
Commonwealth entity,".
17
37 At the end of Part 5
18
Add:
19
51A Funding arrangements with non-corporate Commonwealth
20
entities
21
(1) For the purposes of this Part, the Minister may, in writing, enter
22
into an arrangement with a non-corporate Commonwealth entity.
23
(2) If the Minister enters into an arrangement under subsection (1), this
24
Part applies as if the arrangement were a funding agreement
25
entered into for the purposes of this Part.
26
Note:
Sections 48 to 50 deal with funding agreements.
27
38 Part 6
28
Repeal the Part.
29
Schedule 1 Main amendments
Part 1 Amendments
12
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
39 Section 87
1
Omit "The Nation Building Program Roads to Recovery List must:"
2
substitute:
3
(1) The Minister must, by legislative instrument, determine a list (the
4
Roads to Recovery List) that must:
5
40 Before paragraph 87(a)
6
Insert:
7
(aa) specify a funding period in relation to the Roads to Recovery
8
Program; and
9
41 Paragraph 87(a)
10
Omit "Nation Building Program Roads to Recovery Program during
11
the", substitute "Roads to Recovery Program during the specified".
12
42 At the end of section 87
13
Add:
14
(2) Section 42 (disallowance) of the Legislative Instruments Act 2003
15
does not apply to an instrument under subsection (1).
16
43 Subsection 92(1)
17
Omit "(1)".
18
44 Subsection 92(2)
19
Repeal the subsection.
20
45 After section 92
21
Insert:
22
92A Treatment of partnerships
23
(1) This Act applies to a partnership as if it were a person, but with the
24
changes set out in this section.
25
(2) An obligation that would otherwise be imposed on the partnership
26
by this Act is imposed on each partner instead, but may be
27
discharged by any of the partners.
28
Main amendments Schedule 1
Amendments Part 1
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
13
(3) If this Act would otherwise permit something to be done by the
1
partnership, the thing may be done by one or more of the partners
2
on behalf of the partnership.
3
(4) If the Minister enters into a funding agreement with a partnership,
4
the agreement must state:
5
(a) the names of all the partners; and
6
(b) if the partnership has a registered business name, the
7
registered business name.
8
(5) If under this Act a document is given to a partner of the partnership
9
in accordance with section 28A of the Acts Interpretation Act
10
1901, the document is taken to have been given to the partnership.
11
(6) The partners are jointly and severally liable to pay an amount that
12
would otherwise be payable by the partnership under this Act.
13
(7) For the purposes of this Act, a change in the composition of the
14
partnership does not affect the continuity of the partnership.
15
46 Section 94
16
Omit "6,".
17
47 Amendments of listed provisions
18
19
Further amendments
Item
Provision
Omit
1
Part 4 (heading)
Nation Building Program
2
Division 1 of Part 4 (heading)
Nation Building Program
3
Section 28 (heading)
Nation Building Program
4
Section 28
Nation Building Program
5
Section 29 (heading)
Nation Building Program
6
Subsection 29(1)
Nation Building Program
7
Section 30
Nation Building Program
8
Section 31
Nation Building Program (first
occurring)
9
Subsections 32(1), (3) and (4)
Nation Building Program
10
Subsections 33(1), (2) and (3)
Nation Building Program
11
Section 34
Nation Building Program
Schedule 1 Main amendments
Part 1 Amendments
14
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
Further amendments
Item
Provision
Omit
12
Subsection 35(1)
Nation Building Program
13
Section 36 (heading)
Nation Building Program
14
Subsections 36(1), 37(1) and 38(1)
Nation Building Program
15
Part 7 (heading)
Nation Building Program
16
Division 1 of Part 7 (heading)
Nation Building Program
17
Section 69 (heading)
Nation Building Program
18
Section 69
Nation Building Program
19
Section 70 (heading)
Nation Building Program
20
Subsection 70(1)
Nation Building Program
21
Sections 71 and 72
Nation Building Program
22
Subsections 73(1), (3) and (4)
Nation Building Program
23
Subsections 74(1) and (2)
Nation Building Program
24
Section 75
Nation Building Program
25
Subsection 76(1)
Nation Building Program
26
Section 77 (heading)
Nation Building Program
27
Subsections 77(1), 78(1) and 79(1)
Nation Building Program
28
Part 8 (heading)
Nation Building Program
29
Section 87 (heading)
Nation Building Program
30
Section 88 (heading)
Nation Building Program
31
Paragraphs 88(1)(a), (2)(a) and
(2A)(a)
Nation Building Program
32
Subsections 88(2B), (3), (4), (5) and
(6)
Nation Building Program
33
Section 89 (heading)
Nation Building Program
34
Subsection 89(1)
Nation Building Program (wherever
occurring)
1
Main amendments Schedule 1
Application and transitional provisions Part 2
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
15
Part 2
--
Application and transitional provisions
1
48 Definitions
2
In this Part:
3
new law means the National Land Transport Act 2014 as in force on
4
and after the commencement of this item.
5
old law means the Nation Building Program (National Land Transport)
6
Act 2009 as in force immediately before the commencement of this
7
item.
8
49 Application
9
Approval of Nation Building Program National Projects
10
(1)
The amendments made by items 9 and 20 do not apply in relation to
11
projects approved as Nation Building Program National Projects before
12
the commencement of those items.
13
Public tenders for certain work
14
(2)
The amendment made by item 28 does not apply in relation to projects
15
approved as Nation Building Program National Projects before the
16
commencement of that item.
17
Sale or disposal of interest in land
18
(3)
The amendment made by item 30 applies in relation to sales and
19
disposals made on or after the commencement of that item, even if the
20
land was acquired before the commencement of that item using all or
21
part of a funding payment for a Nation Building Program National
22
Project made before that commencement.
23
50 Transitional
--
Nation Building Program National Projects
24
Part 3 instruments
25
(1)
An instrument in force under Part 3 of the old law immediately before
26
the commencement of this item in relation to a project that was a Nation
27
Building Program National Project has effect, on and after that
28
commencement, as if:
29
(a) that project were an Investment Project; and
30
Schedule 1 Main amendments
Part 2 Application and transitional provisions
16
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
(b) that instrument were in force under Part 3 of the new law in
1
relation to that Investment Project.
2
(2)
Subitem (1) does not prevent a variation or revocation of that
3
instrument on or after the commencement of this item.
4
Funding agreement
5
(3)
A funding agreement in force in relation to the Nation Building
6
Program National Project immediately before the commencement of
7
this item has effect, on and after that commencement, as if it were a
8
funding agreement in force in relation to the Investment Project.
9
(4)
Subitem (3) does not prevent a variation or termination of that
10
agreement on or after the commencement of this item.
11
Funding conditions
12
(5)
The conditions that applied under section 18 of the old law to a payment
13
of Commonwealth funding for the Nation Building Program National
14
Project that was made before the commencement of this item continue
15
to apply on and after that commencement.
16
51 Transitional
--
Nation Building Program Transport
17
Development and Innovation Projects
18
Part 4 instruments
19
(1)
An instrument in force under Part 4 of the old law immediately before
20
the commencement of this item in relation to a project that was a Nation
21
Building Program Transport Development and Innovation Project has
22
effect, on and after that commencement, as if:
23
(a) that project were a Transport Development and Innovation
24
Project; and
25
(b) that instrument were in force under Part 4 of the new law in
26
relation to that Transport Development and Innovation
27
Project.
28
(2)
Subitem (1) does not prevent a variation or revocation of that
29
instrument on or after the commencement of this item.
30
Main amendments Schedule 1
Application and transitional provisions Part 2
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
17
Funding agreement
1
(3)
A funding agreement in force in relation to the Nation Building
2
Program Transport Development and Innovation Project immediately
3
before the commencement of this item has effect, on and after that
4
commencement, as if it were a funding agreement in force in relation to
5
the Transport Development and Innovation Project.
6
(4)
Subitem (3) does not prevent a variation or termination of that
7
agreement on or after the commencement of this item.
8
Funding conditions
9
(5)
The conditions that applied under section 38 of the old law to a payment
10
of Commonwealth funding for the Nation Building Program Transport
11
Development and Innovation Project that was made before the
12
commencement of this item continue to apply on and after that
13
commencement.
14
52 Transitional
--
Nation Building Program Off-Network
15
Projects
16
Part 6 instruments
17
(1)
An instrument in force under Part 6 of the old law immediately before
18
the commencement of this item in relation to a project that was a Nation
19
Building Program Off-Network Project has effect, on and after that
20
commencement, as if:
21
(a) that project were an Investment Project; and
22
(b) that instrument were in force under Part 3 of the new law in
23
relation to that Investment Project.
24
(2)
Subitem (1) does not prevent a variation or revocation of that
25
instrument on or after the commencement of this item.
26
Funding agreement
27
(3)
A funding agreement in force in relation to the Nation Building
28
Program Off-Network Project immediately before the commencement
29
of this item has effect, on and after that commencement, as if it were a
30
funding agreement in force in relation to the Investment Project.
31
(4)
Subitem (3) does not prevent a variation or termination of that
32
agreement on or after the commencement of this item.
33
Schedule 1 Main amendments
Part 2 Application and transitional provisions
18
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
Funding conditions
1
(5)
The conditions that applied under section 62 of the old law to a payment
2
of Commonwealth funding for the Nation Building Program
3
Off-Network Project that was made before the commencement of this
4
item continue to apply on and after that commencement.
5
53 Transitional
--
Nation Building Program Black Spot
6
Projects
7
Part 7 instruments
8
(1)
An instrument in force under Part 7 of the old law immediately before
9
the commencement of this item in relation to a project that was a Nation
10
Building Program Black Spot Project has effect, on and after that
11
commencement, as if:
12
(a) that project were a Black Spot Project; and
13
(b) that instrument were in force under Part 7 of the new law in
14
relation to that Black Spot Project.
15
(2)
Subitem (1) does not prevent a variation or revocation of that
16
instrument on or after the commencement of this item.
17
Funding agreement
18
(3)
A funding agreement in force in relation to the Nation Building
19
Program Black Spot Project immediately before the commencement of
20
this item has effect, on and after that commencement, as if it were a
21
funding agreement in force in relation to the Black Spot Project.
22
(4)
Subitem (3) does not prevent a variation or termination of that
23
agreement on or after the commencement of this item.
24
Funding conditions
25
(5)
The conditions that applied under section 79 of the old law to a payment
26
of Commonwealth funding for the Nation Building Program Black Spot
27
Project that was made before the commencement of this item continue
28
to apply on and after that commencement.
29
Main amendments Schedule 1
Application and transitional provisions Part 2
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
19
54 Transitional
--
Roads to Recovery Program
1
1 July 2009 to 30 June 2014 funding period
2
The old law, as in force immediately before the commencement of this
3
item, continues to apply on and after that commencement in relation to
4
a payment made under Part 8 of the old law during the Nation Building
5
Program Roads to Recovery funding period starting on 1 July 2009.
6
Note:
For example, this means that the conditions determined under section 90 of the old law
7
would continue to apply to such a payment and amounts would be able to be recovered
8
under section 92 of the old law.
9
55 Transitional rules
10
The Minister may, by legislative instrument, make rules prescribing
11
matters of a transitional nature (including prescribing any saving or
12
application provisions) relating to the amendments made by this Act.
13
Schedule 2 Repeals and other amendments
Part 1 Repeal of Acts
20
Land Transport Infrastructure Amendment Bill 2014
No. , 2014
Schedule 2
--
Repeals and other amendments
1
Part 1
--
Repeal of Acts
2
Australian Land Transport Development Act 1988
3
1 The whole of the Act
4
Repeal the Act.
5
Railway Standardization (New South Wales and Victoria)
6
Agreement Act 1958
7
2 The whole of the Act
8
Repeal the Act.
9
Roads to Recovery Act 2000
10
3 The whole of the Act
11
Repeal the Act.
12
Repeals and other amendments Schedule 2
Other amendments Part 2
No. , 2014
Land Transport Infrastructure Amendment Bill 2014
21
Part 2
--
Other amendments
1
Income Tax Assessment Act 1997
2
4 Section 995-1 (paragraph (a) of the definition of Transport
3
Department)
4
Omit "Nation Building Program (National Land Transport) Act 2009",
5
substitute "National Land Transport Act 2014".
6
5 Section 995-1 (definition of Transport Minister)
7
Omit "Nation Building Program (National Land Transport) Act 2009",
8
substitute "National Land Transport Act 2014".
9
Telstra Corporation Act 1991
10
6 Section 3 (definition of Transport Minister)
11
Omit "Nation Building Program (National Land Transport) Act 2009",
12
substitute "National Land Transport Act 2014".
13
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