NATIONAL ROADS ACT 1974 No. 52, 1974 - SECT 11 Variation of amounts specified in Schedules.

NATIONAL ROADS ACT 1974 No. 52, 1974 - SECT 11

11. (1) Where a State satisfies the Minister that the amount specified in
Schedule 1, 2 or 3 in relation to the State in respect of a year is greater
than the amount that the State has been, or will be, able to expend, in
accordance with this Act, for the purpose applicable to the amount under
sub-section 7 (2), (3) or (4), whichever is relevant, the Minister may direct
that the amount so specified in that Schedule shall be deemed to be reduced by
such amount as is specified by the Minister.

(2) Where the Minister gives a direction under sub-section (1) with respect to
an amount specified in a Schedule in relation to a State or a direction under
section 8 of the Roads Grants Act 1974 in relation to an amount specified in a
Schedule to that Act in relation to a State, the Minister may, subject to
sub-section (3), direct that such other amounts, or such amounts, as the case
requires, (if any) specified in a Schedule to this Act in relation to the
State be deemed to be increased or reduced by such specified amounts as the
Minister considers necessary in consequence of that direction.

(3) A direction shall not be given under sub-section (2) in relation to a
State-

   (a)  if it could result in the State becoming liable to repay an amount to
        Australia under this Act; or

   (b)  if the effect of the direction, and of the direction given under
        sub-section (1) of this section or under section 8 of the
        Roads Grants Act  1974 in consequence of which it was given, would
        result in the sum of the amounts available for payment to the State by
        way of financial assistance under this Act and under that Act
        exceeding the sum of the amounts available for payment to the State by
        way of financial assistance under those Acts in accordance with the
        Schedules set out in those Acts.

(4) The Minister shall not-

   (a)  give a direction under sub-section (2) in consequence of a direction
        given under section 8 of the Roads Grants Act 1974; or

   (b)  give a direction under sub-section (2) with respect to an amount
        specified in a Schedule to this Act in relation to a year in
        consequence of a direction given by him under sub-section (1) with
        respect to an amount specified in such a Schedule in relation to
        another year, unless the Treasurer has concurred in the direction.

(5) Where the Minister gives a direction under sub-section (1) or (2), this
Act has effect as if the amounts referred to in the direction had been
respectively reduced or increased, as the case may be, in accordance with the
Minister's direction.