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Nation Building Program (National Land Transport) Amendment Bill 2009

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2008-2009

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

NATION BUILDING PROGRAM (NATIONAL LAND TRANSPORT) AMENDMENT BILL 2009

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Infrastructure, Transport, Regional

Development and Local Government, the Honourable Anthony Albanese MP)

 

 







NATION BUILDING PROGRAM (NATIONAL LAND TRANSPORT) AMENDMENT BILL 2009

 

OUTLINE

 

This Bill makes technical amendments to the AusLink (National Land Transport) Act 2005 ( the Principal Act ) , so that references to AusLink are replaced with references to the Nation Building Program.

 

This includes changing the name of the Principal Act to the Nation Building Program (National Land Transport) Act 2009 .

 

The Bill also:

 

·          modifies Part 6 of the Principal Act to make it clear that this Part can be used to approve funding for projects which are off the National Land Transport Network (off-network projects) and which are not in regional areas of Australia (as well as off-network projects that are in regional areas).

 

·          allows the Minister for Infrastructure, Transport, Regional Development and Local Government (the Minister) to incorporate into any funding conditions set for projects funded under the Principal Act, the terms of a particular matter contained in an instrument or other writing as in force or existing from time to time;

 

·          allows for a Regulation to be made to set a prescribed threshold amount which may provide the Minister with an additional criterion by which to grant a funding recipient an exemption from having to call for public tenders on a project approved under section 9 of the Act;

 

·          extends coverage of Nation Building Program Black Spots Projects to allow the Minister to approve funding under Part 7 of the Principal Act for projects on the National Land Transport Network; and

 

·          permits the Minister to increase amounts of money payable to a person or body that is specified in the Nation Building Program Roads to Recovery List.

 

FINANCIAL IMPACT STATEMENT

 

The contents of this Bill impose no direct financial impact.

 

 

 





 

 



                                                                            

NOTES ON CLAUSES

 

 

Clause 1: Short Title

 

Clause 1 is a formal provision creating the short title of the Act as the Nation Building Program (National Land Transport) Amendment Act 2009 .

 

Clause 2: Commencement

 

Clause 2 provides that the Bill will commence on the day after it receives Royal Assent.

 

Clause 3: Schedule(s)

 

This Bill has one Schedule, with amendments to the AusLink (National Land Transport) Act 2005 contained in Part 1 of the Schedule and the application and transitional provisions contained in Part 2 having effect according to their terms.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule 1 - Amendments

 

Part 1 - Amendments

 

AusLink (National Land Transport) Act 2005

 

Item 1 - Section 1

 

Item 1 changes the name of the Principal Act from the AusLink (National Land Transport) Act 2005 to the Nation Building Program (National Land Transport) Act 2009 .

 

This change of name was announced when a Special Council of Australian Governments meeting on 5 February 2009 agreed, amongst other things, to finalise the new Nation Building Program Agreements which would replace the earlier agreement known as AusLink.  This Bill makes the necessary amendments to remove references to AusLink contained in the Principal Act.

 

Item 2 - Subsection 4(1) (definition of approved funding recipient)

 

Item 3 - Subsection 4(1) (definition of approved purposes )

 

Item 4 - Subsection 4(1) (definition of AusLink Black Spot Project)

 

Item 5 - Subsection 4(1) (definition of AusLink National Project)

 

Item 6 - Subsection 4(1) (definition of AusLink Roads to Recovery funding period )

 

Item 7 - Subsection 4(1) (definition of AusLink Roads to Recovery List )

 

Item 8 - Subsection 4(1) (definition of AusLink Strategic Regional Project)

 

Item 9 - Subsection 4(1) (definition of AusLink Transport Development and Innovation Project )

 

Item 10 - Subsection 4(1)

 

Item 11 - Subsection 4(1)

 

Item 12 - Subsection 4(1)

 

Item 13 - Subsection 4(1)

 

Item 14 - Subsection 4(1)

 

Item 15 - Subsection 4(1)

 

Item 16 - Subsection 4(1) (paragraphs (a) and (b) of the definition of project approval instrument )

 

Item 17 - Subsection 4(1) (paragraph (c) of the definition of project approval instrument )

 

Item 18 - Subsection 4(1) (paragraph (d) of the definition of project approval instrument )

 

Associated with the name change discussed in clause note to item 1 , the names of some of the funding programs established by the Principal Act have also changed.

 

This table sets out the changes in program name:

 

Former Name

New Name

AusLink National Project

Nation Building Program National Project

AusLink Transport Development and Innovation Project

Nation Building Program Transport Development and Innovation Project

AusLink Strategic Regional Project

Nation Building Program Off-Network Project

AusLink Black Spot Project

Nation Building Program Black Spot Project

AusLink Roads to Recovery Program

Nation Building Program Roads to Recovery Program

 

Items 2-18 make amendments to the definitions for the Principal Act to reflect the changes in name.

 

In particular, item 13 provides that the Nation Building Program Roads to Recovery Program funding period is from 1 July 2009 to 30 June 2014.

 

Item 19 - Part 3 (heading)

 

Item 20 - Division 1 of Part 3 (heading)

 

Item 21 - Section 8

 

Item 22 - Subsection 9(1)

 

Item 23 - Sections 10 and 11

 

Item 24 - Subsection 12(1)

 

Item 25 - Subsections 12(3) and (4)

 

Item 26 - Subsections 13(1), (2) and (3)

 

Item 27 - Section 14

 

Item 28 - Subsection 15(1)

 

Item 29 - Subsection 16(1)

 

Item 30 - Subsection 17(1)

 

Items 19-30 replace references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 31 - Section 18

 

Item 31 amends section 18 in the Principal Act to become a subsection 18(1), as a result of item 33 which provides for an additional subsection at the end of section 18.

 

Item 32 - Section 18

 

Item 32 replaces the reference to ‘AusLink’ with a reference to ‘Nation Building Program’.

 

Item 33 - At the end of section 18

 

Item 33 provides that a funding agreement may specify a condition that a funding recipient adheres to the terms of a particular matter contained in an instrument or other document for the purposes of a Nation Building Program National Project.

 

An example of such a document is the standard for best practice cost estimation for publicly funded road and rail construction projects that describes the framework which is to be adopted for cost estimation for specified projects funded under the Nation Building Program.

 

Sometimes the terms of a nominated instrument or document may change after funding conditions for a particular project are determined.

 

The intention of the amendments contained in this Bill to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time so that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

Item 33 permits the incorporation of such documents for the purposes of a Nation Building Program National Project.

 

Item 34 - Paragraph 24(1)(c)

 

Item 35 - Subparagraphs 24(1)(c)(i) and (ii)

 

Item 36 - Subparagraphs 24(1)(c)(iii) and (iv)

 

Item 37 - Subparagraph 24(1)(c)(v)

 

Items 34-37 proposes to amend section 24 of the Principal Act to incorporate the additional subparagraph proposed in item 38 .

 

Item 38 - At the end of paragraph 24(1)(c)

 

Section 24 of the Principal Act currently requires funding recipients to call for public tenders in all circumstances other than the exemptions specified in the section.

 

Item 38 proposes a further amendment to section 24, so that a Regulation can be made to set a prescribed threshold amount, which provides the Minister with an additional criterion by which to grant a funding recipient an exemption from having to call for public tenders on a project approved under section 9 of the Principal Act. 

 

Details of the value of the threshold amount and how this amount would be applied would be addressed in the development of the Regulations.

 

Item 39 - Subsections 25(2) and (4)

 

Item 39 replaces references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 40 - At the end of section 27

 

As discussed in the clause note to item 33 , it is intended to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time.  This means that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

The Principal Act allows the Minister to set out in writing the conditions to be followed by a funding recipient where there is no funding agreement in place for a particular project. Such a document is a legislative instrument.

 

Section 14 of the Legislative Instruments Act 2003 permits a legislative instrument to incorporate the terms of instruments or documents in existence at the time the legislative instrument was made, but, unless the contrary intention appears, a legislative instrument cannot incorporate the terms of instruments or documents as in force or existing from time to time.

 

Item 40 amends section 27 of the Principal Act, which sets out how conditions are determined where there is no funding agreement for a Nation Building Program National Project, to establish the relevant contrary intention for the purposes of the Legislative Instruments Act 2003 .

 

Item 41 - Part 4 (heading)

 

Item 42 - Division 1 of Part 4 (heading)

 

Item 43 - Section 28

 

Item 44 - Subsection 29(1)

 

Item 45 - Section 30

 

Item 46 - Section 31

 

Item 47 - Paragraph 31(c)

 

Item 48 - Subsection 32(1)

 

Item 49 - Subsections 32(3) and (4)

 

Item 50 - Subsections 33(1), (2) and (3)

 

Item 51 - Section 34

 

Item 52 - Subsection 35(1)

 

Item 53 - Subsection 36(1)

 

Item 54 - Subsection 37(1)

 

Items 41xx54 replace references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 55 - Section 38

 

Item 55 amends section 38 in the Principal Act to become subsection 38(1), as a result of item 57 which provides for an additional subsection at the end of section 38.

 

Item 56 - Section 38

 

Item 56 replaces the reference to ‘AusLink’ with a reference to ‘Nation Building Program’.

 

Item 57 - At the end of section 38

 

Item 57 provides that a funding agreement may specify a condition that a funding recipient adheres to the terms of a particular matter contained in an instrument or other document for the purposes of a Nation Building Program Transport Development and Innovation Project.

 

An example of such a document is the standard for best practice cost estimation for publicly funded road and rail construction projects that describes the framework which is to be adopted for cost estimation for specified projects funded under the Nation Building Program.

 

Sometimes the terms of a nominated instrument or document may change after funding conditions for a particular project are determined.

 

The intention of the amendments contained in this Bill is to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time so that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

Item 57 permits the incorporation of such documents for the purposes of a Nation Building Program Transport Development and Innovation Project.

 

Item 58 - At the end of section 44

 

As discussed in items 55 and 57 , it is intended to be able to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time.  This means that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

The Principal Act allows the Minister to set out in writing the conditions to be followed by a funding recipient where there is no funding agreement in place for a particular project. Such a document is a legislative instrument.

 

Section 14 of the Legislative Instruments Act 2003 permits a legislative instrument to incorporate the terms of instruments or documents in existence at the time the legislative instrument was made, but, unless the contrary intention appears, a legislative instrument cannot incorporate the terms of instruments or documents as in force or existing from time to time.

 

Item 58 amends section 44 of the Principal Act, which sets out how conditions are determined where there is no funding agreement for a Nation Building Program Transport Development and Innovation Project, to establish the relevant contrary intention for the purposes of the Legislative Instruments Act 2003 .

 

Item 59 - Part 5 (heading)

 

Item 59 replaces the reference to ‘AusLink funding for land transport research entities’ with a reference to ‘Nation Building Program funding for land transport research entities’.

 

Item 60 - Section 50

 

Item 60 amends section 50 in the Principal Act to become a subsection 50(1) as a result of item 61 , which provides for a subsection at the end of section 50.

 

Item 61 - At the end of section 50

 

Item 61 is consistent with amendments made to other parts of the Principal Act, as discussed in items 33, 57, 78, 97 and 112.

 

Item 61 provides that a funding agreement may specify a condition that a funding recipient adheres to the terms of a particular matter contained in an instrument or other document for the purposes of Nation Building Program funding for land transport entities.

 

For example, the Minister may decide to apply certain guidelines to funding recipients that currently apply to projects approved under other Parts of the Act.  These guidelines may change after funding conditions for a particular funding recipient are determined.

 

The intention of the amendments contained in this Bill is to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time so that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

Item 61 permits the incorporation of such documents for the purposes of Nation Building Program funding for land transport research entities.

 

Item 62 - Part 6 (heading)

 

Item 63 - Division 1 of Part 6 (heading)

 

Item 64 - Section 52

 

Item 65 - Subsection 53(1)

 

Item 66 - Sections 54 and 55

 

Items 62-66 replace references to ‘AusLink Strategic Regional Project’ with references to ‘a Nation Building Program Off-Network Project’.

 

Item 67 - Paragraph 55(a)

 

Item 68 - Paragraph 55(b)

 

Item 69 - Paragraph 55(e)

 

Item 70 - Subsection 56(1)

 

Item 71 - Subsections 56(3) and (4)

 

Item 72 - Subsections 57(1), (2) and (3)

 

Item 73 - Section 58

 

Item 74 - Subsection 59(1)

 

Item 75 - Subsection 60(1)

 

Item 76 - Subsection 61(1)

 

Item 77 - Subsections 62(1) and (2)

 

The scope of the previous Part 6 - AusLink Strategic Regional Projects has been modified to make it clear that this Part of the Principal Act can be used to approve funding for projects which are off the National Land Transport Network (off-network projects) and which are not in regional areas of Australia (as well as off-network projects that are in regional areas).

 

Off-network projects include those projects involving road, rail, an inter-modal transfer facility, or the application or acquisition of technology that improves transport operations in a state or territory (including an Indian Ocean territory) not on the National Land Transport Network.

 

In recognition of this, for items 64-66 and items 70-77 , the term ‘AusLink Strategic Regional Project’ has been replaced with ‘Nation Building Program Off-Network Project’.  Items 67 and 69 also remove references to ‘regional’ from section 55 of the Principal Act.  Following on from this, item 68 removes subsection 55(b) as it becomes redundant with the removal of the term regionally significant.

 

Item 78 - At the end of section 62

 

Item 78 provides that a funding agreement may specify a condition that a funding recipient adheres to the terms of a particular matter contained in an instrument or other document for the purposes of a Nation Building Program Off-Network Project.

 

An example of such a document is the standard for best practice cost estimation for publicly funded road and rail construction projects that describes the framework which is to be adopted for cost estimation for specified projects funded under the Nation Building Program.

 

Sometimes the terms of a nominated instrument or document may change after funding conditions for a particular project are determined.

 

The intention of the amendments contained in this Bill is to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time so that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

Item 78 permits the incorporation of such documents for the purposes of a Nation Building Program Off-Network Project.

 

Item 79 - At the end of section 68

 

As discussed in item 78 , it is intended to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time, This means that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

The Principal Act allows the Minister to set out in writing the conditions to be followed by a funding recipient where there is no funding agreement in place for a particular project. Such a document is a legislative instrument.

 

Section 14 of the Legislative Instruments Act 2003 permits a legislative instrument to incorporate the terms of instruments or documents in existence at the time the legislative instrument was made, but, unless the contrary intention appears, a legislative instrument cannot incorporate the terms of instruments or documents as in force or existing from time to time.

 

Item 79 amends section 68 of the Principal Act, which sets out how conditions are determined where there is no funding agreement for a Nation Building Program Off-Network Project, and establishes the relevant contrary intention for the purposes of the Legislative Instruments Act 2003 .

 

Item 80 - Part 7 (heading)

 

Item 81 - Division 1 of Part 7 (heading)

 

Item 82 - Section 69

 

Item 83 - Subsection 70(1)

 

Item 84 - Section 71

 

Items 80-84 replace references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 85 - Paragraph 71(c)

 

Item 86 - Paragraph 71(d)

 

Items 85 and 86 extend the types of projects that can receive funding as Nation Building Program Black Spots Projects by removing the current prohibition on funding projects that are on the National Land Transport Network which is currently contained in section 71 of the Principal Act.

 

Item 87 - Section 72

 

Item 88 - Subsection 73(1)

 

Item 89 - Subsections 73(3) and (4)

 

Item 90 - Subsections 74(1) and (2)

 

Item 91 - Section 75

 

Item 92 - Subsection 76(1)

 

Item 93 - Subsection 77(1)

 

Item 94 - Subsection 78(1)

 

Items 87-94 replace references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 95 - Section 79

 

Item 95 amends section 79 in the Principal Act to become subsection 79(1), as a result of item 97 which provides for an additional subsection at the end of section 79.

 

Item 96 - Section 79

 

Item 96 replaces the reference to ‘AusLink’ with a reference to ‘Nation Building Program’.

 

Item 97 - At the end of section 79

 

Item 97 provides that a funding agreement may specify a condition that a funding recipient adheres to the terms of a particular matter contained in an instrument or other document for the purposes of a Nation Building Program Black Spot Project.

 

An example of such a document is the standard for best practice cost estimation for publicly funded road and rail construction projects that describes the framework which is to be adopted for cost estimation for specified projects funded under the Nation Building Program.

 

Sometimes the terms of a nominated instrument or document may change after funding conditions for a particular project are determined.

 

The intention of the amendments contained in this Bill is to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time so that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

Item 97 permits the incorporation of such documents for the purposes of a Nation Building Program Black Spot Project.

 

Item 98 - At the end of section 86

 

As discussed in items 95 and 97 , it is intended to enable the Commonwealth to require recipients of Commonwealth funds to adhere to the terms of a nominated instrument or document as they are at any given time. This means that if the terms change in any way the funding recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

The Principal Act allows the Minister to set out in writing the conditions to be followed by a funding recipient where there is no funding agreement in place for a particular project. Such a document is a legislative instrument.

 

Section 14 of the Legislative Instruments Act 2003 permits a legislative instrument to incorporate the terms of instruments or documents in existence at the time the legislative instrument was made, but, unless the contrary intention appears, a legislative instrument cannot incorporate the terms of instruments or documents as in force or existing from time to time.

 

Item 98 amends section 86 of the Principal Act, which sets out how conditions are determined where there is no funding agreement for a Nation Building Program Black Spot Project, and establishes the relevant contrary intention for the purposes of the Legislative Instruments Act 2003 .

 

Item 99 - Part 8 (heading)

 

Item 99 replaces the reference to ‘AusLink’ with a reference to ‘Nation Building Program’.

 

Item 100 - Subsection 87(1)

 

Item 100 removes subsection 87(1) of the Principal Act, which is redundant as the Minister has already determined the list under the Principal Act to be used as the Nation Building Program Roads to Recovery List for the next funding period, 2009-2014. 

 

Item 100 also replaces references to ‘AusLink’ in the heading to section 87 with reference to ‘Nation Building Program’

 

Item 101 - Subsection 87(2)

 

Item 102 - Paragraph 87(2)(a)

 

Items 101 and 102 replace references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 103 - Subsection 87(3)

 

Item 103 removes subsection 87(3) of the Principal Act, which is redundant as the Minister has already determined the list under the Principal Act to be used as the Nation Building Program Roads to Recovery List for the next funding period, 2009-2014. 

 

Item 104 - Paragraph 88(1)(a)

 

Item 105 - Paragraphs 88(2)(a) and (2A)(a)

 

Items 104 and 105 replace references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 106 - Paragraph 88(2A)(a)

 

Item 106 makes the necessary amendment to paragraph 88(2A)(a) to change the reference to section 87 resulting from the removal of subsections 87(1) and (3) of the Principal Act as discussed in items 100 and 103 above.

 

Item 107 - After subsection 88(2A)

 

In order to increase the Government’s flexibility in funding local roads maintenance and upgrading it is proposed the Minister be permitted to increase amounts of money payable to those organisations listed on the Nation Building Program Roads to Recovery List.

 

Currently the Minister can only vary the List to take account of councils amalgamating or ceasing to exist, to correct an error or to update the name of a person or body specified in the List.

 

Item 107 adds a new subsection 88(2B) to the Principal Act to allow the Minister to increase a funding recipient’s allocation after the initial List for a funding period is determined.

 

In order to preserve the certainty of funding for funding recipients after a List is determined, the restriction on revoking the list is retained, and the Minister is unable to decrease an allocation.

 

Item 108 - Subsections 88(3) and (4)

 

Item 108 replaces references to ‘AusLink’ with references to ‘Nation Building Program’.

 

Item 109 - Subsection 88(4)

 

Item 109 makes an amendment to subsection 88(4), which sets out when the Minister can vary a Nation Building Program Roads to Recovery List, as a consequence of the addition of subsection 88(2B) of the Principal Act by item 107 .

 

Item 110 - Subsections 88(5) and (6)

 

Item 111 - Subsection 89(1)

 

Items 110 and 111 replace references to ‘AusLink’ with references to ‘a Nation Building Program’.

 

Item 112 - At the end of section 90

 

Item 112 provides that the terms of a particular matter contained in an instrument or other document can be included in the Minister’s determination of conditions that apply to payments to a named recipient specified in the Nation Building Program Roads to Recovery List.

 

An example of such a document is the standard for best practice cost estimation for publicly funded road and rail construction projects that describes the framework which is to be adopted for cost estimation for specified projects funded under the Nation Building Program.

 

Sometimes the terms of a nominated instrument or document may change after funding conditions for a particular project are determined.

 

The intention of the amendments contained in item 112 is to enable the named recipients to be required to adhere to the terms of a nominated instrument or document as they are at any given time so that if the terms change in any way the named recipient is required to adhere to the changed terms, not those which were in force at the time the funding condition was originally made.

 

Item 112 permits the incorporation of such documents for the purposes of the legislative instrument that determines, varies or revokes the conditions that apply to payments under the Nation Building Program Roads to Recovery Program.

 

Section 14 of the Legislative Instruments Act 2003 permits a legislative instrument to incorporate the terms of instruments or documents in existence at the time the legislative instrument was made, but, unless the contrary intention appears, a legislative instrument cannot incorporate the terms of instruments or documents as in force or existing from time to time.

 

Item 112 establishes the relevant contrary intention for the purposes of the Legislative Instruments Act 2003 .

 

Part 2 - Application and transitional provisions

 

Part 2 makes clear that existing AusLink projects are able to continue to receive funding, with documentation made for the purposes of AusLink projects generally taken to have been made under the new Nation Building Program.

 

Item 113 - Definitions

 

Item 113 creates two definitions for the purposes of the application and transition provisions.

 

Item 114 - Application public tenders for certain work

 

Item 114 makes clear that item 38 (which proposes to only require funding recipients to call for public tenders for all work for funded projects if the cost of the work exceeds an amount specified in a regulation made for the purpose) will only apply for projects approved on or after item 38 commences operation - that is, the day after this Bill receives the Royal Assent.

 

Item 115 - Transitional—National Land Transport Network

 

Item 115 provides that an instrument made to determine a National Land Transport Network made under section 5 of the Principal Act will be taken to have been made under the law as amended by this Bill.

 

The capacity of the instrument to be subsequently varied, revoked or terminated as permitted by the legislation is preserved.

 

Item 116 - Transitional—National Projects

 

Item 116 provides that AusLink National Projects will be treated as if they were Nation Building Program National Projects, and instruments, funding agreements and funding conditions made for the purposes of an AusLink National Project will be treated as if they were made for a Nation Building Program National Project.

 

The capacity of the instruments to be subsequently varied, revoked or terminated as permitted by the legislation is preserved.

 

Item 117 - Transitional—Transport Development and Innovation Projects

 

Item 117 provides that AusLink Transport Development and Innovation projects will be treated as if they were Nation Building Program Transport Development and Innovation Projects, and instruments, funding agreements and funding conditions made for the purposes of an AusLink Transport Development and Innovation project will be treated as if they were made for a Nation Building Program Transport Development and Innovation Project.

 

The capacity of the instruments to be subsequently varied, revoked or terminated as permitted by the legislation is preserved.

 

Item 118 - Transitional—land transport research entities

 

Item 118 provides that instruments, funding agreements and funding conditions made for the purposes of the provision of funding to land transport research entities under the law in force prior to the passage of this Bill, will be treated as if they were made under the law in force after the Bill has become law.

 

The capacity of the instruments to be subsequently varied, revoked or terminated as permitted by the legislation is preserved.

 

Item 119 - Transitional—Strategic Regional Projects

 

Item 119 provides that AusLink Strategic Regional Projects will be treated as if they were Nation Building Program Off-Network Projects, and instruments, funding agreements and funding conditions made for the purposes of an AusLink Strategic Regional Project will be treated as if they were made for a Nation Building Program Off-Network Project.

 

The capacity of the instrument to be subsequently varied, revoked or terminated as permitted by the legislation is preserved.

 

Item 120 - Transitional—Black Spot Projects

 

Item 120 provides that AusLink Black Spot Projects will be treated as if they were Nation Building Program Black Spot Projects, and instruments, funding agreements and funding conditions made for the purposes of an AusLink Black Spot Project will be treated as if they were made for a Nation Building Program Black Spot Project.

 

The capacity of the instrument to be subsequently varied, revoked or terminated as permitted by the legislation is preserved.

 

Item 121 - Transitional—Roads to Recovery Program

 

Subitem 121(1) makes clear that the terms of the Principal Act in force prior to the commencement of the amendments contained in this Bill applies to payments made under the Roads to Recovery Program during 1 July 2005 - 30 June 2009 funding period.

 

Subitem 121(2) treats funding amounts specified in the existing AusLink Roads to Recovery List for the period 1 July 2009 to 30 June 2014, as if those amounts were to be provided under the Nation Building Program Roads to Recovery Program during that same period.

 

Subitems 121(3) and( 5) deem that instruments made imposing or waiving conditions for Roads to Recovery Projects for the period 1 July 2009 to 30 June 2014 made prior to the commencement of the amendments made by this Bill apply as if they were made under the law as amended.

 

Subitems 121(4) and (6) preserve the capacity of these instruments to be subsequently varied, revoked or terminated as permitted by the legislation.

 

Item 122 - Transitional regulations

 

Item 122 allows the Governor-General to make regulations prescribing matters of a transitional nature (including additional saving or application provisions) relating to amendments made by the terms of this Bill.