New South Wales Consolidated Acts

FEDERAL AID ROADS AND WORKS ACT 1937 - SECT 4

4 Purposes for which moneys paid under the agreement may be expended

(1) That part of the County of Cumberland Main Roads Fund and of the Country Main Roads Fund which consists of sums provided under subclause one of clause two of the agreement authorised and approved by this Act (in this section hereinafter referred to as "the agreement") shall be expended under and in accordance with the Main Roads Act 1924-1937 , upon the construction, reconstruction, maintenance or repair of main roads.

(2) That part of the County of Cumberland Main Roads Fund and of the Country Main Roads Fund which consists of sums provided under subclause two of clause two of the agreement shall be expended:

(a) under and in accordance with the Main Roads Act 1924-1937 , upon the construction, reconstruction, maintenance or repair of roads, or

(b) upon the construction, reconstruction, maintenance or repair of any such other work connected with transport in this section hereinafter referred to as "work connected with transport" as may be declared by the Minister, by notification published in the Gazette to be a work connected with transport, within the meaning of the agreement, or

(c) upon any works of maintenance and repair which the State may be required to carry out under clause five of the agreement.

(3)

(a) The Minister may in any notification published under paragraph (b) of subsection two of this section or in any subsequent notification specify the person by whom the particular work connected with transport shall be carried out.

(b) Any work connected with transport shall be deemed to be an authorised work within the meaning of the Public Works Act 1912 , as amended by subsequent Acts, and the person specified in any notification under paragraph (a) of this subsection shall, by virtue of this Act, be empowered to carry out the work connected with transport and shall be the constructing authority for the same within the meaning of the said Act as so amended, and shall enter into such contracts and take all such necessary steps for the proper execution thereof as such authority may think proper.
The provisions of the said Act as so amended, sections thirty-four, thirty-five, thirty-six and thirty-seven excepted, shall apply to and in respect of such work connected with transport.

(c) Without prejudice to the generality of paragraph (b) of this subsection, the provisions of section thirty-eight of the said Act, as so amended, shall apply to and in respect of any contracts referred to in that paragraph.

(d) The Commissioner shall, except where he is the person specified in a notification under paragraph (a) of this subsection, pay the cost of carrying out the work connected with transport to the constructing authority on trust to be expended on the said work, and the constructing authority shall account to the Commissioner therefor.

(4)

(a) The Commissioner may, except where authorised by the Governor to carry out any work referred to in paragraph (c) of subsection two of this section, offer to place the carrying out of the work in the hands of the council and to make an agreement with the council accordingly.

(b) Where an agreement is made the Commissioner shall pay the cost or instalments thereof, to the council in trust, to be expended on the said work in accordance with the agreement, and the council shall account to the Commissioner therefor.

(c) The Governor may, in any special case, direct that the work be carried out by the Commissioner.

(5) The Commissioner may, for the purpose of meeting the cost of carrying out the works referred to in paragraphs (b) and (c) of subsection two of this section, use that part of both or either of the main roads funds which consists of sums provided under subclause two of clause two of the agreement.