Commonwealth Numbered Acts

ROADS GRANTS ACT 1980 No. 106, 1980 - SECT 16

16. (1) The Minister may enter into consultations with the appropriate
Minister of a State for the purpose of formulating principles relating to the
making of allocations for local roads in respect of the State, in so far as
such allocations relate to Commonwealth moneys, and may enter into an
agreement with the appropriate Minister of the State setting out the
principles so formulated.

(2) If, at any time, after consultations referred to in sub-section (1), the
Minister is unable to agree with the appropriate Minister of a State on the
principles referred to in that sub-section, the Minister may make a
determination setting out the principles to be applied in respect of that
State and, if he makes such a determination, he shall notify the appropriate
Minister of the State accordingly.

(3) Where an agreement is entered into under sub-section (1) or a
determination is made under sub-section (2), the Minister shall publish in the
Gazette a notice of the entering into of the agreement or of the making of the
determination, as the case may be, and of the terms of the agreement or of the
determination, as the case may be.

(4) Where an agreement is in force under sub-section (1), or a determination
is in force under sub-section (2), setting out principles relating to the
making of allocations for local roads in respect of a State-

   (a)  the Minister shall not approve, under sub-section 15 (2), a program of
        allocations for local roads in respect of the State unless-

        (i)    the allocations for local roads set out in that program, in so
               far as they relate to Commonwealth moneys, have been made in
               accordance with those principles; and

        (ii)   that program sets out, in respect of each of those allocations,
               the amount of Commonwealth moneys that is included in that
               allocation;

   (b)  the Minister shall not approve, under sub-section 15 (3), a variation
        of a program of allocations for local roads previously approved by the
        Minister under sub-section 15 (2) in respect of the State unless-

        (i)    the allocations for local roads set out in that program, as so
               proposed to be varied, in so far as they relate to
               Commonwealth moneys, have been made in accordance with those
               principles; and

        (ii)   that program, as so proposed to be varied, sets out, in respect
               of each of those allocations, the amount of Commonwealth moneys
               that is included in that allocation; and

   (c)  the Minister shall not approve, under sub-section 15 (3), a revocation
        of, and the substitution of a new program for, a program of
        allocations for local roads previously approved by the Minister under
        sub-section 15 (2) in respect of the State unless-

        (i)    the allocations for local roads set out in the program so
               proposed to be substituted, in so far as they relate to
               Commonwealth moneys, have been made in accordance with those
               principles; and

        (ii)   the program so proposed to be substituted sets out, in respect
               of each of those allocations, the amount of Commonwealth moneys
               that is included in that allocation.

(5) Where an agreement is in force under sub-section (1), the parties to the
agreement may, at any time, vary or revoke the agreement.

(6) Where a determination by the Minister is in force under sub-section (2),
the Minister may vary or revoke the determination and, if he does so, shall
notify the appropriate Minister of the State concerned accordingly.

(7) Where an agreement in force under sub-section (1) or a determination in
force under sub-section (2) is varied-

   (a)  the agreement as so varied shall be deemed to be the agreement as in
        force under sub-section (1); or

   (b)  the determination as so varied shall be deemed to be the determination
        as in force under sub-section (2), as the case may be.

(8) Where an agreement in force under sub-section (1) or a determination in
force under sub-section (2) is varied or revoked, the Minister shall publish
in the Gazette a notice of the variation or of the revocation, as the case may
be, and, in the case of a variation, the particulars of the variation.