Commonwealth Numbered Acts

AUSTRALIAN LAND TRANSPORT (FINANCIAL ASSISTANCE ACT 1985 No. 59 of 1985 - SECT 3

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

"approved organization" means-

   (a)  an approved research organization; or

   (b)  an approved road safety organization;

"approved railway authority" means an authority in respect of which a
declaration under section 7 is in force;

"approved research organization" means an organization in respect of which a
declaration under sub-section 8 (1) is in force;

"approved road safety organization" means an organization in respect of which
a declaration under sub-section 8 (2) is in force;

"arterial road" means-

   (a)  an urban arterial road; or

   (b)  a rural arterial road;

"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;

"developmental road" means a road, or proposed road, in respect of which a
declaration under sub-section 4 (3) is in force;

"Fund" means the Australian Land Transport Trust Fund established by
sub-section 11 (1);

"government authority" means-

   (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 section 6 is in force;

"local road" means-

   (a)  a road that is not a national road or an 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 the repair of the road;

"national highway" means a road or proposed road in respect of which a
declaration under sub-section 4 (1) or (2) is in force;

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

"organization" 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;

"railway" includes-

   (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;

   (e)  any other thing associated with a railway approved by the Minister in
        writing for the purposes of this definition;

"relevant rate" means 3.66 cents per litre;

"road" includes-

   (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);
        or

   (j)  any other thing approved by the Minister in writing for the purposes
        of this definition,
associated with a road;

"rural arterial road" means a road, or proposed road, in respect of which a
declaration under sub-section 5 (2) is in force;

"State" includes the Northern Territory;

"urban area" means an area designated for the purposes of the Census taken in
the year 1976 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)    the Darwin Statistical Division;

              (h)    the Newcastle Statistical District;

              (j)    the Wollongong Statistical District;

              (k)    the Geelong Statistical District;

              (m)    Urban Ballarat;

              (n)    Urban Bendigo;

              (o)    Urban Townsville;

              (p)    Urban Toowoomba;

              (q)    Urban Gold Coast;

              (r)    Urban Rockhampton; or

              (s)    Urban Launceston;


"urban arterial road" means a road, or a proposed road, in respect of which a
declaration under sub-section 5 (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 deemed 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 deemed to be a part of those wages.
(4) In sub-section (3), "wages" includes payments in the nature of wages.

(5) Subject to sub-section (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 be taken, by reason only of it having been so paid or
credited, to have been expended by the State.

(6) Where an approved organization is, or is part of, a Department of State of
a State-

   (a)  a reference in this Act to the payment of an amount out of the Fund to
        the approved organization is a reference to the payment of the amount
        out of the Fund to the State by way of the grant of financial
        assistance;

   (b)  a reference in this Act to expenditure by the approved organization 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
        organization 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) A direction under section 20, 21 or 22 may specify a percentage to be
ascertained in accordance with the formula A 100
------ where-
B
A is the number of whole dollars in an amount specified in the direction; and
B is the number of whole dollars in the amount paid into the Fund otherwise
than under section 34 during a period specified in the direction (including a
period ending after the direction is given).

(9) 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.