Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 2]
[Heading amended by No. 19 of 2010 s. 4.]
THIS AGREEMENT made the ninth day of August One thousand nine hundred and
seventy-one between THE COMMONWEALTH OF AUSTRALIA (in this agreement called
“the Commonwealth”) of the one part, and THE STATE OF WESTERN
AUSTRALIA (in this agreement called “the State”) of the other part
is supplemental to an agreement (in this agreement referred to as “the
Principal Agreement”) made the second day of October, 1961 between the
Commonwealth and the State in relation to the construction of a standard gauge
railway between Kalgoorlie and Perth and other places in Western Australia and
to the provision of financial assistance by the Commonwealth to the State for
the purpose of the carrying out of that railway work.
WHEREAS the scope of work to be carried out under the Principal Agreement has
been revised in accordance with plans prepared on behalf of the State and the
Commonwealth and agreed to by them with the result that the amount of the work
and the cost of carrying out the work have been increased and the time
necessary for the carrying out of the work has been extended:
AND WHEREAS the Commonwealth and the State are desirous of varying the
Principal Agreement so that provision is made for the grant of financial
assistance by the Commonwealth to the State in respect of the work beyond the
period during which assistance is to be granted in accordance with the
provisions of the Principal Agreement:
NOW IT IS HEREBY AGREED as follows: —
Approval of Agreement 2
1. (1) This agreement
shall have no force or effect and shall not be binding on either party until
it has been approved by the Parliaments of the Commonwealth and of the State.
(2) Each party agrees
to take all practicable steps to have this agreement approved by its
Parliament without restriction or amendment as soon as practicable.
Operation of Agreement 2
2. Upon coming into force and effect, this
agreement shall be deemed to be incorporated and form part of the Principal
Agreement and the Principal Agreement as varied by this agreement shall
constitute the agreement between the Commonwealth and the State in relation to
the said railway work and the provision of financial assistance in respect of
that work and shall be known as “the Railway Agreement”
Limitation on Commonwealth Funds 2
3. Notwithstanding anything contained in the
Principal Agreement or in this agreement, the funds to be provided by the
Commonwealth in pursuance of the Railway Agreement shall not exceed One
hundred and six million two hundred and fifty thousand dollars ($106,250,000).
Amendments in relation to payment by the State 2
4. (1)
Paragraph (b) of subclause (1) of clause 12 of the Principal
Agreement is deleted and the following provision is inserted in its
place —
(b) as
to an amount equal to seven-seventeenths of each of those payments, together
with interest as hereinafter provided in this clause and not paid under
subclause (3) of this clause — by forty equal semi-annual
payments of principal and interest commencing as follows —
(i)
in respect of payments made prior to the 15th day of
June, 1969 — on the 15th day of December, 1969;
(ii)
in respect of payments made during the period commencing
on the 15th day of June, 1969 and ending on the 30th day of June,
1971 — on the 30th day of December, 1971;
(iii)
in respect of payments made during financial year after
the financial year ending on the 30th day of June, 1971 — on
the 30th day of December first occurring after the end of the financial year
during which the payments are made.
(2) Clause 13 of
the Principal Agreement is rescinded.
(3) The amendments
made by this clause shall take effect as if they had been made immediately
after the Principal Agreement came into force and acts consistent with the
Principal Agreement as so amended that have been done in pursuance of the
Principal Agreement prior to the coming into force of this agreement shall be
deemed to have been done in pursuance of the Railway Agreement.
Use of funds for other work 2
5. (1) Notwithstanding
anything contained in the Principal Agreement or in this Agreement, but
without prejudice to the provisions of clause 5 of the Principal
Agreement, the Minister upon the request of the State, may approve the
inclusion in the work to be carried out under the Railway Agreement of work
associated with the standard gauge railway that may reasonably be carried out
in substitution for any work referred to in subclauses (1) and (2) of
clause 6 of the Principal Agreement.
(2) Expenditure in
respect of which funds may be applied under subclause (1) of this clause
shall for the purposes of the operation of the Railway agreement be deemed to
be expenditure by the State on the work.
IN WITNESS WHEREOF this agreement has been executed by the parties as at the
date first above mentioned.
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SIGNED on behalf of the COMMONWEALTH OF AUSTRALIA by the Right Honourable
WILLIAM McMAHON, the Prime Minister of the Commonwealth, in the presence
of — |
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I. GRIGG
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SIGNED on behalf of THE STATE OF WESTERN AUSTRALIA by the Honourable JOHN
TREZISE TONKIN, the Premier of the State, in the presence
of — |
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W. S. LONNIE
[Second Schedule inserted by No. 51 of 1971
s. 7.]
