Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"approved organisation" means:
(a) an approved research organisation; or
(b) an approved road safety organisation.
"approved railway authority" means an authority in respect of which a declaration under subsection 7(3) is in force.
"approved research organisation" means an organisation in respect of which a declaration under subsection 8(1) is in force.
"approved road safety organisation" means an organisation in respect of which a declaration under subsection 8(2) is in force.
"AusLink transition time" means the commencement of Parts 3 to 8 of the AusLink ( National Land Transport) Act 2005 .
"capital railway project" means a project by way of capital expenditure in relation to an interstate mainline railway, and includes:
(a) the construction of an interstate mainline railway; or
(b) the acquisition of rolling stock for use on an interstate mainline railway.
"construction" in relation to a railway or road, includes:
(a) the reconstruction or realignment of the railway or road;
(b) the bringing of the railway or road to a higher standard;
(c) investigation and associated engineering studies in connection with:
(i) the construction, reconstruction or realignment of the railway or road;
(ii) the bringing of the railway or road to a higher standard; or
(iii) the planning of alternative routes for the railway or road;
(d) the acquisition of land for the purpose of:
(i) constructing, reconstructing or realigning the railway or road; or
(ii) bringing the railway or 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, in writing, for the purposes of this definition;
but does not include the maintenance of the railway or road.
(a) the Australian Bicentennial Road Development Trust Fund established by section 7 of the Australian Bicentennial Road Development Trust Fund Act 1982 ; or
(b) the Australian Land Transport Trust Fund established by section 11 of the Australian Land Transport (Financial Assistance) Act 1985 .
(a) a local government body;
(b) an authority of a State, being an incorporated body but not being a local government body, that is responsible for:
(i) the construction or maintenance of roads in, or in an area of, the State; or
(ii) the provision of railway services over a railway in the State.
"interstate mainline railway" means a railway, or a proposed railway, in respect of which a declaration under subsection 7(1) is in force.
(a) a road that is not a national highway, a national arterial road or a State arterial road; or
(b) a path for the use of persons riding bicycles, being a path that is not associated with a road.
"maintenance" , in relation to a road, includes works and repairs to keep the road in a safe and trafficable condition.
"national arterial road" means a road or proposed road in respect of which a declaration under subsection 5(1) is in force.
"national highway" means a road or proposed road in respect of which a declaration under subsection 4(1) or (2) is in force.
"organisation" includes an association, authority, body or institution, whether incorporated or unincorporated, and whether or not constituting or forming part of a Department of State of the Commonwealth or of a State.
"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 2005 .
"provincial cities and rural highways road" means a road or a proposed road in respect of which a declaration under subsection 7A(1) is in force.
(a) railway signs;
(b) railway control equipment;
(c) railway lighting equipment;
(d) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians; and
(e) any other thing associated with a railway approved by the Minister in writing for the purposes of this definition.
(a) a traffic 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;
(h) vehicular access from a road to a ramp referred to in paragraph (g); and
(j) any other thing approved by the Minister in writing for the purposes of this definition;
associated with a road.
"State" includes the Northern Territory or the Australian Capital Territory.
"State arterial road" means a road, or proposed road, in respect of which a declaration under subsection 6(1) is in force.
"urban public transport project" means a project in respect of which a declaration under subsection 7C(1) is in force.
(2) An amount paid by a State to a government authority for a particular purpose and expended by that authority for that purpose shall, for the purposes of this Act, be taken to have been expended by the State for that purpose.
(3) 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 taken to be a part of those wages.
(4) In subsection (3), wages includes payments in the nature of wages.
(5) Subject to subsection (3), for the purposes of this Act, money paid or credited by a State to a trust account or other account in the Treasury of the State shall not, merely because of its having been so paid or credited, be taken to have been expended by the State.
(6) Where an approved organisation is, or is part of, a Department of State of a State:
(a) a reference in this Act to the payment of an amount under this Act to the approved organisation is a reference to the payment of the amount under this Act to the State by way of the grant of financial assistance;
(b) a reference in this Act to expenditure by the approved organisation is a reference to expenditure by the State; and
(c) a reference in this Act to an act or thing done or to be done by the organisation arising out of such a payment or expenditure is a reference to an act or thing done or to be done by the State arising out of such a payment or expenditure.
(7) For the purposes of this Act, a notification or request shall be taken to have been given to a State if it is given to the appropriate Minister of the State.
(8) Unless the contrary intention appears:
(a) a reference in this Act to a road includes a reference to a part of a road; and
(b) a reference in this Act to a railway includes a reference to a part of a railway.
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