Document ID: chunk:federal_register_of_legislation:F2013C00209:body:0:p3
Version: federal_register_of_legislation:F2013C00209
Segment Type: other
Provision Reference: 
Character Range: 5119–7880

funding recipient must first obtain the approval of the Department of the expenditure of those payments on that other project.

2.3. Subclause 2.2 only applies where the Commonwealth has specified that a Roads to Recovery payment is to be spent in relation to:

             (a) a particular project in Western Australia involving the construction or maintenance of bridges; or

             (b) a particular project in Western Australia involving the construction or maintenance of Aboriginal access roads.

2.4. A funding recipient must ensure that Roads to Recovery payments are spent within six months of receipt of the payment.

             Note: The Minister has power under s.91 of the Act to waive a condition.

2.5 A funding recipient must spend all Roads to Recovery payments it receives by 31 December 2014.

        2.6 If a funding recipient receives an amount as interest in respect of a Roads to Recovery payment in one financial year, the recipient must spend an amount equal to that amount on the construction or maintenance of roads in the next financial year and must be able to demonstrate that it has done so.  This condition does not apply to councils which are to receive total funding of less than $1.25 million according to the list determined by the Minister under section 87(1) of the Act in relation to the funding period starting on 1 July 2009 and ending on 30 June 2014.

           Note:  Interest earned in respect of a Roads to Recovery payment is own source funds for the purposes of Part 3 of these conditions.

        2.7 If a funding recipient distributes Roads to Recovery payments which it receives to local government authorities for expenditure by those authorities on the construction or maintenance of roads, the funding recipient must ensure that the authorities are subject to the same obligations in respect of those payments as those to which the funding recipient is subject to under subclause 5.8 and clause 6.

Part 3: Own source roads expenditure obligation
3.1 Subject to subclauses 3.2 and 3.3, for each financial year in which a funding recipient receives a Roads to Recovery payment, the funding recipient must spend on the construction or maintenance of roads an amount of own source funds equal to or greater than the reference amount applicable to the funding recipient.

3.2 If, in any particular financial year, a funding recipient does not satisfy cl.3.1, but the average expenditure of its own source funds in that year and the previous financial year, or in that year and the two previous financial years, exceeds the reference amount applicable to it, the funding recipient is taken to have met its obligations under subclause 3.1 in respect of the first mentioned financial year.

3.3. If, in