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AUSLINK (NATIONAL LAND TRANSPORT) ACT 2005 No. 93, 2005 - SECT 4

Definitions
(1)
In this Act, unless the contrary intention appears:

"appropriate auditor" means:

(a) in relation to a person or body whose accounts are required by law to be audited by the Auditor-General of a State—the Auditor-General of the State; or
(b) in relation to a person or body whose accounts are required by law to be audited by the Auditor-General of the Commonwealth—the Auditor-General of the Commonwealth; or
(c) in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:
(i) registered as a company auditor or a public accountant under a law in force in a State; or
(ii) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants.

"approved funding recipient", in relation to an AusLink National Project, an AusLink Transport Development and Innovation Project, an AusLink Strategic Regional Project or an AusLink Black Spot Project, means the eligible funding recipient identified in the project approval instrument.

"approved purposes", in relation to an AusLink National Project, an AusLink Transport Development and Innovation Project, an AusLink Strategic Regional Project or an AusLink Black Spot Project, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended.

"AusLink Black Spot Project" has the meaning given by section 69.

"AusLink National Project "has the meaning given by section 8.

"AusLink Roads to Recovery List "has the meaning given by subsection 87(1).

"AusLink Strategic Regional Project "has the meaning given by section 52.

AusLink Transport Development and Innovation Project has the meaning given by section 28.

"authority of a State "means a body:

(a) that is established by a State or by a law of a State; or
(b) in which a State has a controlling interest;

but does not include a local government authority.

"construction":

(a) when used in relation to a railway or road, has a meaning affected by subsection (2); and
(b) when used in relation to an inter-modal transfer facility, has a meaning affected by subsection (3).

"Corridor Strategy "means a strategy (as updated from time to time) that:

(a) is called a Corridor Strategy; and
(b) is determined by executive action of the Minister; and
(c) relates to land transport issues affecting a corridor between 2 places joined, or proposed to be joined, by existing or proposed roads or railways that are included in the National Land Transport Network.

"eligible funding recipient" means:

(a) a State; or
(b) an authority of a State; or
(c) a local government authority; or
(d) any other body corporate.

"funding agreement":

(a) when used in Part 3, 4, 6 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and
(b) when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.

"Indian Ocean Territory" means:

(a) the Territory of Christmas Island; or
(b) the Territory of Cocos (Keeling) Islands.

"inter-modal transfer facility "means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.

"local government authority "means a body established for the purposes of local government by or under a law applying in a State or Territory.

"maintenance", in relation to a road, railway or inter-modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.

"National Land Transport Network "means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.

"National Land Transport Plan "means the plan (as updated from time to time) that:

(a) is called the National Land Transport Plan; and
(b) is determined by executive action of the Minister; and
(c) sets priorities for expenditure on the National Land Transport Network.

"project "includes a program.

"project approval instrument" means:

(a) in relation to an AusLink National Project—the instrument approving the project under subsection 9(1); and
(b) in relation to an AusLink Transport Development and Innovation Project—the instrument approving the project under subsection 29(1); and
(c) in relation to an AusLink Strategic Regional Project—the instrument approving the project under subsection 53(1); and
(d) in relation to an AusLink Black Spot Project—the instrument approving the project under subsection 70(1).

"public utility "has a meaning affected by subsection (4).

"railway "includes any of the following:

(a) railway signs;
(b) railway control equipment;
(c) railway communications equipment;
(d) railway lighting equipment;
(e) a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;
(f) any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.

"road":

(a) subject to paragraph (b), includes any of the following associated with a road:
(i) traffic signs;
(ii) traffic control equipment;
(iii) street lighting equipment;
(iv) a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;
(v) a path for the use of persons riding bicycles;
(vi) any other thing that is specified in the regulations for the purposes of this definition; and
(b) when used in Part 8:
(i) also includes a vehicular ferry associated with a road; but
(ii) does not include the other things specified in the regulations referred to in subparagraph (a)(vi).

"State "includes the Australian Capital Territory and the Northern Territory.

Meaning of construction in relation to a railway or road

(2)
In this Act, construction , when used in relation to a railway or road, includes:

(a) the reconstruction or realignment of the railway or road; and
(b) the bringing of the railway or road to a higher standard; and
(c) investigation and associated engineering studies in connection with:
(i) the construction, reconstruction or realignment of the railway or road; or
(ii) the bringing of the railway or road to a higher standard; or
(iii) the planning of alternative routes for the railway or road; and
(d) the acquisition of an interest in land for the purpose of:
(i) constructing, reconstructing or realigning the railway or road; or
(ii) the bringing of the railway or road to a higher standard; and
(e) in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;

but does not include the maintenance of the railway or road.

Meaning of construction in relation to an inter-modal transfer facility

(3) In this Act, construction , when used in relation to an inter-modal transfer facility, includes:

(a) the reconstruction of the facility; and
(b) work to enable the facility to operate more efficiently; and
(c) investigation and associated engineering studies in connection with:
(i) the construction or reconstruction of the facility; or
(ii) work to enable the facility to operate more efficiently;

but does not include maintenance of the facility.

Meaning of public utility

(4)
The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.



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