New South Wales Bills Explanatory Notes

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ROAD IMPROVEMENT (SPECIAL FUNDING) AMENDMENT BILL 1998

[Act 1998 No 71]
New South Wales
Road Improvement (Special Funding)

Amendment Bill 1998

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to continue special funding arrangements under the
Road Improvement (Special Funding) Act 1989 (for the program known as
the "3 x 3 program") following the High Court decision invalidating
business franchise licence fees. A percentage of petroleum business franchise
licence fees was previously used to fund the program. The Bill provides for
an annual standing appropriation to be made out of the Consolidated Fund for
funding the road improvement, road safety and road related public transport
infrastructure authorised by the program. The amount appropriated is an
amount equal to 44.5% of the revenue collected by the Commonwealth and
paid to the State as revenue replacement payments for petroleum business
franchise licence fees. less subsidies paid by the State under the scheme to
match interstate petroleum prices in certain border areas and under the
off-road diesel scheme.

Road Improvement (Special Funding) Amendment Bill 1998 [Act 1998 No 71]
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the Road
Improvement (Special Funding) Act 1989 set out in Schedule 1.

Schedule 1

Amendments

Schedule 1 [l] updates the long title of the Principal Act as a consequence of
the changes made by the proposed Act.

Schedule 1 [2] omits superseded definitions from the Principal Act.

Schedule 1 [3] inserts proposed section 3A into the Principal Act to effect the
standing appropriation described above.

Schedule 1 [4] omits a superseded provision of the Principal Act which
increased the invalidated petroleum business franchise licence fees for the
purposes of the special funding under the Principal Act.

Schedule 1 [5] makes a consequential amendment to the provision of the
Principal Act that imposes a statutory trust on the amounts paid into the
Roads Fund from the proposed standing appropriation for the funding of road
improvement. road safety and road related public transport infrastructure
authorised by the Principal Act.

Explanatory note page 2

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