Commonwealth Numbered Acts

ROADS GRANTS ACT 1980 No. 106, 1980 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

"arterial road" means an urban arterial road or a rural arterial road;

"construction", in relation to a road, includes-

   (a)  the reconstruction or realignment of the road;

   (b)  the bringing of the road to a higher standard;

   (c)  investigation and associated engineering studies in connection with-

        (i)    the construction, reconstruction or realignment of the road;

        (ii)   the bringing of the road to a higher standard; or

        (iii)  the planning of alternative routes for the road;

   (d)  the acquisition of land for the purpose of-

        (i)    constructing, reconstructing or realigning the road; or

        (ii)   bringing the road to a higher standard; and

   (e)  the doing of any other thing in relation to a matter specified in
        paragraph (a) or (b) approved by the Minister for the purposes of this
        definition, but does not include the maintenance of the road;



"developmental road" means a road or proposed road in respect of which a
declaration under sub-section 5 (3) is in force, or a part of such a road or
proposed road;



"government authority" means a municipal, shire or other local authority, and
includes an authority of a State, being an incorporated body, that is
responsible for the construction and maintenance of local roads in an area of
the State;



"local road" means a road that is not a national road or an arterial road;



"maintenance", in relation to a road, includes the repair of the road;



"national highway" means a road or proposed road in respect of which a
declaration under sub-section 5 (1) or (2) is in force, or a part of such a
road or proposed road;



"national road" means a national highway or a developmental road;



"road" includes-

   (a)  a road sign;

   (b)  traffic control equipment;

   (c)  street lighting equipment;

   (d)  a vehicular ferry;

   (e)  a bridge or tunnel, including a bridge or tunnel for the use of
        pedestrians;

   (f)  a path for the use of persons riding bicycles;

   (g)  a ramp provided to facilitate the launching of boats; and

   (h)  vehicular access from a road to a ramp referred to in paragraph

   (g)  , associated with a road;



"road planning or research" means scientific, technical or economic planning,
investigation or research related to roads or road transport, and includes-

   (a)  the investigation of transport by road in relation to other means of
        transport; and

   (b)  research into road safety, the design of vehicles and the behaviour of
        road users;



"road works" means-

   (a)  the construction of roads; and

   (b)  the maintenance of roads;



"rural arterial road" means a road, or a proposed road, that is not in an
urban area and that is for the time being declared by the Minister to be a
rural arterial road for the purposes of this Act;



"urban area" means an area designated for the purposes of the Census taken in
the year 1971 as-

   (a)  the Sydney Statistical Division;

   (b)  the Melbourne Statistical Division;

   (c)  the Brisbane Statistical Division;

   (d)  the Adelaide Statistical Division;

   (e)  the Perth Statistical Division;

   (f)  the Hobart Statistical Division;

   (g)  Proposed Greater Darwin;

   (h)  the Newcastle Statistical District;

   (j)  the Wollongong Statistical District;

   (k)  the Geelong Statistical District;

   (l)  Urban Ballarat;

   (m)  Urban Bendigo;

   (n)  Urban Townsville;

   (o)  Urban Toowoomba;

   (p)  Urban Gold Coast;

   (q)  Urban Rockhampton; or

   (r)  Urban Launceston;



"urban arterial road" means a road, or a proposed road, that, in the opinion
of the Minister, is predominantly associated with an urban area and that is
for the time being declared by the Minister to be an urban arterial road for
the purposes of this Act;



"State" includes the Northern Territory;



"year to which this Act applies" means the year commencing on 1 July 1980.

(2) A reference in this Act to an amount expended by a State in respect of an
approved project within the meaning of Part II is a reference to an amount
expended in connection with the carrying out of the works constituting the
approved project in accordance with any standards applicable to those works by
virtue of a notification in force under section 6.

(3) An amount paid by a State to a government authority for a particular
purpose shall, for the purposes of this Act, be deemed to have been expended
by the State for that purpose, and an amount set aside by a State for payment
to a government authority for a particular purpose shall, for the purposes of
this Act, be deemed to have been set aside by the State for expenditure for
that purpose.

(4) For the purposes of this Act, where an amount is expended by a State or a
government authority by way of the payment of wages and an amount of tax is
paid by the State or the authority (whether by way of a payment of moneys, the
crediting of an account or otherwise) on those wages, being a tax imposed by a
law of the State upon employers on wages paid by them, the amount of tax shall
be deemed to be an additional amount of those wages.
(5) In sub-section (4), "wages" includes payments in the nature of wages.

(6) Subject to sub-section (4), for the purposes of this Act, moneys paid or
credited by a State to a trust account or other account in the Treasury of the
State shall not be taken, by reason only of their having been so paid or
credited, to have been expended by the State.