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This is a Bill, not an Act. For current law, see the Acts databases.

NATION BUILDING PROGRAM (NATIONAL LAND TRANSPORT) AMENDMENT BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Nation Building Program (National Land
Transport) Amendment Bill 2009
No. , 2009
(Infrastructure, Transport, Regional Development and Local Government)
A Bill for an Act to amend the AusLink (National
Land Transport) Act 2005, and for related purposes
i Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nts
3
Part 1--Amendments
3
AusLink (National Land Transport) Act 2005
3
Part 2--Application and transitional provisions
17
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
1
A Bill for an Act to amend the AusLink (National
1
Land Transport) Act 2005, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Nation Building Program (National
5
Land Transport) Amendment Act 2009.
6
2 Commence ment
7
This Act commences on the day after it receives the Royal Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
3
Schedule 1
--
Amendments
1
Part 1
--
Amendments
2
AusLink (National Land Transport) Act 2005
3
1 Section 1
4
Omit "AusLink (National Land Transport) Act 2005", substitute
5
"Nation Building Program (National Land Transport) Act 2009".
6
Note:
This item amends the short title of the Act. If another amendment of the Act is
7
described by reference to the Act's previous short title, that other amendment has effect
8
after the commencement of this item as an amendment of the Act under its amended
9
short title (see section 10 of the Acts Interpretation Act 1901).
10
2 Subsection 4(1) (definition of approved funding recipient)
11
Omit "an AusLink National Project, an AusLink Transport
12
Development and Innovation Project, an AusLink Strategic Regional
13
Project or an AusLink Black Spot Project", substitute "a Nation
14
Building Program National Project, a Nation Building Program
15
Transport Development and Innovation Project, a Nation Building
16
Program Off-Network Project or a Nation Building Program Black Spot
17
Project".
18
3 Subsection 4(1) (definition of approved purposes)
19
Omit "an AusLink National Project, an AusLink Transport
20
Development and Innovation Project, an AusLink Strategic Regional
21
Project or an AusLink Black Spot Project", substitute "a Nation
22
Building Program National Project, a Nation Building Program
23
Transport Development and Innovation Project, a Nation Building
24
Program Off-Network Project or a Nation Building Program Black Spot
25
Project".
26
4 Subsection 4(1) (definition of AusLink Black Spot Project)
27
Repeal the definition.
28
5 Subsection 4(1) (definition of AusLink National Project)
29
Repeal the definition.
30
6 Subsection 4(1) (definition of AusLink Roads to Recovery
31
funding period)
32
Schedule 1 A mendments
Part 1 A mend ments
4 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Repeal the definition.
1
7 Subsection 4(1) (definition of AusLink Roads to Recovery
2
List)
3
Repeal the definition.
4
8 Subsection 4(1) (definition of AusLink Strategic Regional
5
Project)
6
Repeal the definition.
7
9 Subsection 4(1) (definition of AusLink Transport
8
Development and Innovation Project)
9
Repeal the definition.
10
10 Subsection 4(1)
11
Insert:
12
Nation Building Program Black Spot Project has the meaning
13
given by section 69.
14
11 Subsection 4(1)
15
Insert:
16
Nation Building Program National Project has the meaning given
17
by section 8.
18
12 Subsection 4(1)
19
Insert:
20
Nation Building Program Off-Network Project has the meaning
21
given by section 52.
22
13 Subsection 4(1)
23
Insert:
24
Nation Building Program Roads to Recovery funding period
25
means the period starting on 1 July 2009 and ending on 30 June
26
2014.
27
14 Subsection 4(1)
28
Insert:
29
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
5
Nation Building Program Roads to Recovery List means the list in
1
force, immediately before the commencement of this definition,
2
under subsection 87(1) of this Act for the period starting on 1 July
3
2009 and ending on 30 June 2014.
4
15 Subsection 4(1)
5
Insert:
6
Nation Building Program Transport Development and
7
Innovation Project has the meaning given by section 28.
8
16 Subsection 4(1) (paragraphs (a) and (b) of the definition of
9
project approval instrument)
10
Omit "an AusLink", substitute "a Nation Building Program".
11
17 Subsection 4(1) (paragraph (c) of the definition of project
12
approval instrument)
13
Omit "an AusLink Strategic Regional Project", substitute "a Nation
14
Building Program Off-Network Project".
15
18 Subsection 4(1) (paragraph (d) of the definition of project
16
approval instrument)
17
Omit "an AusLink", substitute "a Nation Building Program".
18
19 Part 3 (heading)
19
Repeal the heading, substitute:
20
Part 3--Nation Building Program National
21
Projects
22
20 Division 1 of Part 3 (heading)
23
Repeal the heading, substitute:
24
Division 1--Approval of projects as Nation Building
25
Program National Projects
26
21 Section 8
27
Omit "An AusLink", substitute "A Nation Building Program".
28
Schedule 1 A mendments
Part 1 A mend ments
6 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Note:
The heading to section 8 is altered by omitting "an AusLink" and substituting "a
1
Nation Building Program".
2
22 Subsection 9(1)
3
Omit "an AusLink", substitute "a Nation Building Program".
4
Note:
The heading to section 9 is altered by omitting "AusLink" and substituting "Nation
5
Building Program".
6
23 Sections 10 and 11
7
Omit "an AusLink", substitute "a Nation Building Program".
8
24 Subsection 12(1)
9
Omit "AusLink", substitute "Nation Building Program".
10
25 Subsections 12(3) and (4)
11
Omit "an AusLink", substitute "a Nation Building Program".
12
26 Subsections 13(1), (2) and (3)
13
Omit "an AusLink", substitute "a Nation Building Program".
14
27 Section 14
15
Omit "an AusLink", substitute "a Nation Building Program".
16
28 Subsection 15(1)
17
Omit "an AusLink", substitute "a Nation Building Program".
18
29 Subsection 16(1)
19
Omit "an AusLink", substitute "a Nation Building Program".
20
Note:
The heading to section 16 is altered by omitting "AusLink" and substituting "Nation
21
Building Program".
22
30 Subsection 17(1)
23
Omit "an AusLink", substitute "a Nation Building Program".
24
31 Section 18
25
Before "The", insert "(1)".
26
32 Section 18
27
Omit "an AusLink", substitute "a Nation Building Program".
28
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
7
33 At the end of section 18
1
Add:
2
(2) A funding agreement may specify a condition by applying,
3
adopting or incorporating any matter contained in an instrument or
4
other writing as in force or existing from time to time.
5
34 Paragraph 24(1)(c)
6
Omit ", the work".
7
35 Subparagraphs 24(1)(c)(i) and (ii)
8
Before "is", insert "the work".
9
36 Subparagraphs 24(1)(c)(iii) and (iv)
10
Before "is of", insert "the work".
11
37 Subparagraph 24(1)(c)(v)
12
Before "will", insert "the work".
13
38 At the end of paragraph 24(1)(c)
14
Add:
15
; or (vi) the cost of the work is less than an amount prescribed
16
by the regulations for the purposes of this subparagraph.
17
39 Subsections 25(2) and (4)
18
Omit "AusLink", substitute "Nation Building Program".
19
40 At the end of section 27
20
Add:
21
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
22
an instrument determining or varying conditions may make
23
provision in relation to a matter by applying, adopting or
24
incorporating any matter contained in an instrument or other
25
writing as in force or existing from time to time.
26
41 Part 4 (heading)
27
Repeal the heading, substitute:
28
Schedule 1 A mendments
Part 1 A mend ments
8 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Part 4--Nation Building Program Transport
1
Development and Innovation Projects
2
42 Division 1 of Part 4 (heading)
3
Repeal the heading, substitute:
4
Division 1--Approval of projects as Nation Building
5
Program Transport Development and Innovation
6
Projects
7
43 Section 28
8
Omit "An AusLink", substitute "A Nation Building Program".
9
Note:
The heading to section 28 is altered by omitting "an AusLink" and substituting "a
10
Nation Building Program".
11
44 Subsection 29(1)
12
Omit "an AusLink", substitute "a Nation Building Program".
13
Note:
The heading to section 29 is altered by omitting "AusLink" and substituting "Nation
14
Building Program".
15
45 Section 30
16
Omit "an AusLink", substitute "a Nation Building Program".
17
46 Section 31
18
Omit "an AusLink", substitute "a Nation Building Program".
19
47 Paragraph 31(c)
20
Omit "AusLink", substitute "Nation Building Program".
21
48 Subsection 32(1)
22
Omit "AusLink", substitute "Nation Building Program".
23
49 Subsections 32(3) and (4)
24
Omit "an AusLink", substitute "a Nation Building Program".
25
50 Subsections 33(1), (2) and (3)
26
Omit "an AusLink", substitute "a Nation Building Program".
27
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
9
51 Section 34
1
Omit "an AusLink", substitute "a Nation Building Program".
2
52 Subsection 35(1)
3
Omit "an AusLink", substitute "a Nation Building Program".
4
53 Subsection 36(1)
5
Omit "an AusLink", substitute "a Nation Building Program".
6
Note:
The heading to section 36 is altered by omitting "AusLink" and substituting "Nation
7
Building Program".
8
54 Subsection 37(1)
9
Omit "an AusLink", substitute "a Nation Building Program".
10
55 Section 38
11
Before "The", insert "(1)".
12
56 Section 38
13
Omit "an AusLink", substitute "a Nation Building Program".
14
57 At the end of section 38
15
Add:
16
(2) A funding agreement may specify a condition by applying,
17
adopting or incorporating any matter contained in an instrument or
18
other writing as in force or existing from time to time.
19
58 At the end of section 44
20
Add:
21
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
22
an instrument determining or varying conditions may make
23
provision in relation to a matter by applying, adopting or
24
incorporating any matter contained in an instrument or other
25
writing as in force or existing from time to time.
26
59 Part 5 (heading)
27
Repeal the heading, substitute:
28
Schedule 1 A mendments
Part 1 A mend ments
10 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Part 5--Nation Building Program funding for land
1
transport research entities
2
60 Section 50
3
Before "The", insert "(1)".
4
61 At the end of section 50
5
Add:
6
(2) A funding agreement may specify a condition by applying,
7
adopting or incorporating any matter contained in an instrument or
8
other writing as in force or existing from time to time.
9
62 Part 6 (heading)
10
Repeal the heading, substitute:
11
Part 6--Nation Building Program Off-Network
12
Projects
13
63 Division 1 of Part 6 (heading)
14
Repeal the heading, substitute:
15
Division 1--Approval of projects as Nation Building
16
Program Off-Network Projects
17
64 Section 52
18
Omit "An AusLink Strategic Regional Project", substitute "A Nation
19
Building Program Off-Network Project".
20
Note:
The heading to section 52 is altered by omitting "an AusLink Strategic Regional
21
Project?" and substituting "a Nation Building Program Off-Network Project?".
22
65 Subsection 53(1)
23
Omit "an AusLink Strategic Regional Project", substitute "a Nation
24
Building Program Off-Network Project".
25
Note:
The heading to section 53 is altered by omitting "AusLink Strategic Regional
26
Projects" and substituting "Nation Building Program Off-Network Projects".
27
66 Sections 54 and 55
28
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
11
Omit "an AusLink Strategic Regional Project", substitute "a Nation
1
Building Program Off-Network Project".
2
67 Paragraph 55(a)
3
Omit "regional industries", substitute "industries".
4
68 Paragraph 55(b)
5
Repeal the paragraph.
6
69 Paragraph 55(e)
7
Omit "regional".
8
70 Subsection 56(1)
9
Omit "AusLink Strategic Regional Projects", substitute "Nation
10
Building Program Off-Network Projects".
11
71 Subsections 56(3) and (4)
12
Omit "an AusLink Strategic Regional Project", substitute "a Nation
13
Building Program Off-Network Project".
14
72 Subsections 57(1), (2) and (3)
15
Omit "an AusLink Strategic Regional Project", substitute "a Nation
16
Building Program Off-Network Project".
17
73 Section 58
18
Omit "an AusLink Strategic Regional Project", substitute "a Nation
19
Building Program Off-Network Project".
20
74 Subsection 59(1)
21
Omit "an AusLink Strategic Regional Project", substitute "a Nation
22
Building Program Off-Network Project".
23
75 Subsection 60(1)
24
Omit "an AusLink Strategic Regional Project", substitute "a Nation
25
Building Program Off-Network Project".
26
Note:
The heading to section 60 is altered by omitting "AusLink Strategic Regional
27
Projects" and substituting "Nation Building Program Off-Network Projects".
28
76 Subsection 61(1)
29
Schedule 1 A mendments
Part 1 A mend ments
12 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Omit "an AusLink Strategic Regional Project", substitute "a Nation
1
Building Program Off-Network Project".
2
77 Subsections 62(1) and (2)
3
Omit "an AusLink Strategic Regional Project", substitute "a Nation
4
Building Program Off-Network Project".
5
78 At the end of section 62
6
Add:
7
(3) A funding agreement may specify a condition by applying,
8
adopting or incorporating any matter contained in an instrument or
9
other writing as in force or existing from time to time.
10
79 At the end of section 68
11
Add:
12
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
13
an instrument determining or varying conditions may make
14
provision in relation to a matter by applying, adopting or
15
incorporating any matter contained in an instrument or other
16
writing as in force or existing from time to time.
17
80 Part 7 (heading)
18
Repeal the heading, substitute:
19
Part 7--Nation Building Program Black Spot
20
Projects
21
81 Division 1 of Part 7 (heading)
22
Repeal the heading, substitute:
23
Division 1--Approval of projects as Nation Building
24
Program Black Spot Projects
25
82 Section 69
26
Omit "An AusLink", substitute "A Nation Building Program".
27
Note:
The heading to section 69 is altered by omitting "an AusLink" and substituting "a
28
Nation Building Program".
29
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
13
83 Subsection 70(1)
1
Omit "an AusLink", substitute "a Nation Building Program".
2
Note:
The heading to section 70 is altered by omitting "AusLink" and substituting "Nation
3
Building Program".
4
84 Section 71
5
Omit "an AusLink", substitute "a Nation Building Program".
6
85 Paragraph 71(c)
7
Omit "injury; and", substitute "injury.".
8
86 Paragraph 71(d)
9
Repeal the paragraph.
10
87 Section 72
11
Omit "an AusLink", substitute "a Nation Building Program".
12
88 Subsection 73(1)
13
Omit "AusLink", substitute "Nation Building Program".
14
89 Subsections 73(3) and (4)
15
Omit "an AusLink", substitute "a Nation Building Program".
16
90 Subsections 74(1) and (2)
17
Omit "an AusLink", substitute "a Nation Building Program".
18
91 Section 75
19
Omit "an AusLink", substitute "a Nation Building Program".
20
92 Subsection 76(1)
21
Omit "an AusLink", substitute "a Nation Building Program".
22
93 Subsection 77(1)
23
Omit "an AusLink", substitute "a Nation Building Program".
24
Note:
The heading to section 77 is altered by omitting "AusLink" and substituting "Nation
25
Building Program".
26
94 Subsection 78(1)
27
Schedule 1 A mendments
Part 1 A mend ments
14 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Omit "an AusLink", substitute "a Nation Building Program".
1
95 Section 79
2
Before "The", insert "(1)".
3
96 Section 79
4
Omit "an AusLink", substitute "a Nation Building Program".
5
97 At the end of section 79
6
Add:
7
(2) A funding agreement may specify a condition by applying,
8
adopting or incorporating any matter contained in an instrument or
9
other writing as in force or existing from time to time.
10
98 At the end of section 86
11
Add:
12
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
13
an instrument determining or varying conditions may make
14
provision in relation to a matter by applying, adopting or
15
incorporating any matter contained in an instrument or other
16
writing as in force or existing from time to time.
17
99 Part 8 (heading)
18
Repeal the heading, substitute:
19
Part 8--Nation Building Program Roads to
20
Recovery Program
21
100 Subsection 87(1)
22
Repeal the subsection.
23
Note:
The heading to section 87 is replaced by the heading "Nation Building Program
24
Roads to Recovery List".
25
101 Subsection 87(2)
26
Omit "(2) The AusLink", substitute "The Nation Building Program".
27
102 Paragraph 87(2)(a)
28
Amend ments Schedule 1
Amend ments Part 1
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
15
Omit "AusLink", substitute "Nation Building Program".
1
103 Subsection 87(3)
2
Repeal the subsection.
3
104 Paragraph 88(1)(a)
4
Omit "an AusLink", substitute "a Nation Building Program".
5
Note:
The heading to section 88 is altered by omitting "AusLink" and substituting "Nation
6
Building Program".
7
105 Paragraphs 88(2)(a) and (2A)(a)
8
Omit "an AusLink", substitute "a Nation Building Program".
9
106 Paragraph 88(2A)(a)
10
Omit "subparagraph 87(2)(b)(ii)", substitute "subparagraph 87(b)(ii)".
11
107 After subsection 88(2A)
12
Insert:
13
(2B) If an amount is specified in a Nation Building Program Roads to
14
Recovery List in relation to a person or body, the Minister may, in
15
writing, vary the List to increase that amount.
16
108 Subsections 88(3) and (4)
17
Omit "an AusLink", substitute "a Nation Building Program".
18
109 Subsection 88(4)
19
After "(2A)", insert ", (2B)".
20
110 Subsections 88(5) and (6)
21
Omit "an AusLink", substitute "a Nation Building Program".
22
111 Subsection 89(1)
23
Omit "an AusLink" (wherever occurring), substitute "a Nation Building
24
Program".
25
Note:
The heading to section 89 is altered by omitting "AusLink" and substituting "Nation
26
Building Program".
27
112 At the end of section 90
28
Schedule 1 A mendments
Part 1 A mend ments
16 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
Add:
1
(7) Despite subsection 14(2) of the Legislative Instruments Act 2003,
2
an instrument determining or varying conditions may make
3
provision in relation to a matter by applying, adopting or
4
incorporating any matter contained in an instrument or other
5
writing as in force or existing from time to time.
6
7
Amend ments Schedule 1
Application and transitional provisions Part 2
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
17
Part 2
--
Application and transitional provisions
1
113 Definitions
2
In this Part:
3
new law means the Nation Building Program (National Land
4
Transport) Act 2009.
5
old law means the AusLink (National Land Transport) Act 2005.
6
114 Application
--
public tenders for certain work
7
The amendments made by items 34 to 38 apply in relation to projects
8
approved on or after the commencement of those items.
9
115 Transitional
--
National Land Transport Network
10
(1)
An instrument in force under section 5 of the old law immediately
11
before the commencement of this item has effect, on and after that
12
commencement, as if it were an instrument in force under section 5 of
13
the new law.
14
(2)
Subitem (1) does not prevent a variation of that instrument on or after
15
the commencement of this item.
16
116 Transitional
--
National Projects
17
Part 3 instruments
18
(1)
An instrument in force under Part 3 of the old law immediately before
19
the commencement of this item in relation to a project that was an
20
AusLink National Project has effect, on and after that commencement,
21
as if:
22
(a) that project were a Nation Building Program National
23
Project; and
24
(b) that instrument were in force under Part 3 of the new law in
25
relation to that Nation Building Program National Project.
26
(2)
Subitem (1) does not prevent a variation or revocation of that
27
instrument on or after the commencement of this item.
28
Funding agreement
29
(3)
A funding agreement in force in relation to the AusLink National
30
Project immediately before the commencement of this item has effect,
31
Schedule 1 A mendments
Part 2 Application and transitional provisions
18 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
on and after that commencement, as if it were a funding agreement in
1
force in relation to the Nation Building Program National Project.
2
(4)
Subitem (3) does not prevent a variation or termination of that
3
agreement on or after the commencement of this item.
4
Funding conditions
5
(5)
The conditions that applied under section 18 of the old law to a payment
6
of Commonwealth funding for the AusLink National Project that was
7
made before the commencement of this item continue to apply on and
8
after that commencement.
9
117 Transitional
--
Transport Development and Innovation
10
Projects
11
Part 4 instruments
12
(1)
An instrument in force under Part 4 of the old law immediately before
13
the commencement of this item in relation to a project that was an
14
AusLink Transport Development and Innovation Project has effect, on
15
and after that commencement, as if:
16
(a) that project were a Nation Building Program Transport
17
Development and Innovation Project; and
18
(b) that instrument were in force under Part 4 of the new law in
19
relation to that Nation Building Program Transport
20
Development and Innovation Project.
21
(2)
Subitem (1) does not prevent a variation or revocation of that
22
instrument on or after the commencement of this item.
23
Funding agreement
24
(3)
A funding agreement in force in relation to the AusLink Transport
25
Development and Innovation Project immediately before the
26
commencement of this item has effect, on and after that
27
commencement, as if it were a funding agreement in force in relation to
28
the Nation Building Program Transport Development and Innovation
29
Project.
30
(4)
Subitem (3) does not prevent a variation or termination of that
31
agreement on or after the commencement of this item.
32
Amend ments Schedule 1
Application and transitional provisions Part 2
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
19
Funding conditions
1
(5)
The conditions that applied under section 38 of the old law to a payment
2
of Commonwealth funding for the AusLink Transport Development and
3
Innovation Project that was made before the commencement of this
4
item continue to apply on and after that commencement.
5
118 Transitional
--
land transport research entities
6
Part 5 instruments
7
(1)
An instrument in force under Part 5 of the old law immediately before
8
the commencement of this item has effect, on and after that
9
commencement, as if it were an instrument in force under Part 5 of the
10
new law.
11
(2)
Subitem (1) does not prevent a variation or revocation of that
12
instrument on or after the commencement of this item.
13
Funding agreement
14
(3)
A funding agreement in force for the purposes of Part 5 of the old law
15
immediately before the commencement of this item has effect, on and
16
after that commencement, as if it were a funding agreement in force for
17
the purposes of Part 5 of the new law.
18
(4)
Subitem (3) does not prevent a variation or termination of that
19
agreement on or after the commencement of this item.
20
Funding conditions
21
(5)
The conditions that applied under section 50 of the old law to a payment
22
of funding under Part 5 of the old law that was made before the
23
commencement of this item continue to apply on and after that
24
commencement.
25
119 Transitional
--
Strategic Regional Projects
26
Part 6 instruments
27
(1)
An instrument in force under Part 6 of the old law immediately before
28
the commencement of this item in relation to a project that was an
29
AusLink Strategic Regional Project has effect, on and after that
30
commencement, as if:
31
Schedule 1 A mendments
Part 2 Application and transitional provisions
20 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
(a) that project were a Nation Building Program Off-Network
1
Project; and
2
(b) that instrument were in force under Part 6 of the new law in
3
relation to that Nation Building Program Off-Network
4
Project.
5
(2)
Subitem (1) does not prevent a variation or revocation of that
6
instrument on or after the commencement of this item.
7
Funding agreement
8
(3)
A funding agreement in force in relation to the AusLink Strategic
9
Regional Project immediately before the commencement of this item
10
has effect, on and after that commencement, as if it were a funding
11
agreement in force in relation to the Nation Building Program
12
Off-Network Project.
13
(4)
Subitem (3) does not prevent a variation or termination of that
14
agreement on or after the commencement of this item.
15
Funding conditions
16
(5)
The conditions that applied under section 62 of the old law to a payment
17
of Commonwealth funding for the AusLink Strategic Regional Project
18
that was made before the commencement of this item continue to apply
19
on and after that commencement.
20
120 Transitional
--
Black Spot Projects
21
Part 7 instruments
22
(1)
An instrument in force under Part 7 of the old law immediately before
23
the commencement of this item in relation to a project that was an
24
AusLink Black Spot Project has effect, on and after that
25
commencement, as if:
26
(a) that project were a Nation Building Program Black Spot
27
Project; and
28
(b) that instrument were in force under Part 7 of the new law in
29
relation to that Nation Building Program Black Spot Project.
30
(2)
Subitem (1) does not prevent a variation or revocation of that
31
instrument on or after the commencement of this item.
32
Amend ments Schedule 1
Application and transitional provisions Part 2
Nation Building Program (National Land Transport) Amendment Bill 2009 No. , 2009
21
Funding agreement
1
(3)
A funding agreement in force in relation to the AusLink Black Spot
2
Project immediately before the commencement of this item has effect,
3
on and after that commencement, as if it were a funding agreement in
4
force in relation to the Nation Building Program Black Spot Project.
5
(4)
Subitem (3) does not prevent a variation or termination of that
6
agreement on or after the commencement of this item.
7
Funding conditions
8
(5)
The conditions that applied under section 79 of the old law to a payment
9
of Commonwealth funding for the AusLink Black Spot Project that was
10
made before the commencement of this item continue to apply on and
11
after that commencement.
12
121 Transitional
--
Roads to Recovery Program
13
1 July 2005 to 30 June 2009 funding period
14
(1)
The old law, as in force immediately before the commencement of this
15
item, continues to apply on and after that commencement in relation to
16
a payment made under Part 8 of the old law during the AusLink Roads
17
to Recovery funding period starting on 1 July 2005.
18
Note:
For example, this means that the conditions determined under section 90 of the old law
19
would continue to apply to such a payment and amounts would be able to be recovered
20
under section 92 of the old law.
21
1 July 2009 to 30 June 2014 funding period
22
(2)
The Nation Building Program Roads to Recovery List has effect as if
23
the amounts of Commonwealth funding specified in it were amounts to
24
be provided under the Nation Building Program Roads to Recovery
25
Program during the Nation Building Program Roads to Recovery
26
funding period.
27
(3)
Conditions determined under section 90 of the old law before the
28
commencement of this item to apply in relation to payments to be made
29
under Part 8 of the old law during the period starting on 1 July 2009 and
30
ending on 30 June 2014 continue to apply on and after that
31
commencement as if they had been determined under section 90 of the
32
new law to apply to payments under Part 8 of the new law during that
33
period.
34
Schedule 1 A mendments
Part 2 Application and transitional provisions
22 Nation Building Program (National Land Transport) Amendment Bill 2009 No. ,
2009
(4)
Subitem (3) does not prevent a variation or revocation of those
1
conditions on or after the commencement of this item.
2
(5)
A notice in force under subsection 91(1) or (2) of the old law
3
immediately before the commencement of this item in relation to a
4
payment to be made to a person or body under Part 8 of the old law
5
during the period starting on 1 July 2009 and ending on 30 June 2014
6
has effect, on and after that commencement, as if it were a notice in
7
force under subsection 91(1) or (2) of the new law in relation to a
8
payment to the person or body under Part 8 of the new law during that
9
period.
10
(6)
Subitem (5) does not prevent the revocation of an exemption, or the
11
variation or revocation of a replacement condition, on or after the
12
commencement of this item.
13
122 Transitional regulations
14
The Governor-General may make regulations prescribing matters of a
15
transitional nature (including prescribing any saving or application
16
provisions) relating to the amendments made by this Act.
17

 

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