Document ID: chunk:federal_register_of_legislation:F2013C00209:body:0:p1
Version: federal_register_of_legislation:F2013C00209
Segment Type: other
Provision Reference: 
Character Range: 0–2992

Nation Building Program (National Land Transport) Act 2009

DETERMINATION of Conditions Applying to Payments under Part 8 of the Act

As amended.

Made under section 90(1) of the Nation Building Program (National Land Transport) Act 2009

This compilation was prepared on 11 April 2013 taking into account amendments to the determination of 9 September 2009 up to and including the Nation Building Program Roads to Recovery Program Conditions Variation FC2013/1 dated 18 March 2013.

Prepared by the South East Roads Branch, Nation Building - Infrastructure Investment Division, Department of Infrastructure and Transport, Canberra

Nation Building Program (National Land Transport) Act 2009

determination of conditions applying to payments under part 8

Preliminary

Definitions

1. (1) In this Determination, unless the contrary intention appears:

AusLink conditions means the conditions made under s90(1) of the AusLink (National Land Transport) Act 2005 as in force immediately before the commencement of this instrument.

Chief Executive Officer in relation to a funding recipient means the Chief Executive Officer or equivalent office holder of the funding recipient;

 funded project means a project in respect of which a Roads to Recovery fpayment has been received;

 funding recipient means a person or body that is to receive or has received a Roads to Recovery payment;

  own source funds in respect of a funding recipient means funds available to the funding recipient other than funds provided by the Commonwealth, a State or Territory government or by the private sector for specific projects;

  own source expenditure means the amount spent from a funding recipient's own source funds;

 relevant documents means, in relation to a funding recipient, documents relating to Roads to Recovery payments received by the funding recipient, including documents relating to projects in respect of which Roads to Recovery payments were spent and documents relating to expenditure by the funding recipient on the construction or maintenance of roads, whether out of Roads to Recovery payments or otherwise;

 reference amount applicable to a funding recipient means the lesser of the following three amounts:

           (i) the average financial year expenditure of own source funds by the funding recipient on the construction or maintenance of roads during the reference period; or

           (ii) the average financial year expenditure of own source funds by the funding recipient on the construction or maintenance of roads for three of the financial years during the reference period, excluding the financial year in which the funding recipient's expenditure of own source funds was highest and the financial year in which the funding recipient's expenditure of own source funds was lowest; or

           (iii) the reference amount applicable to the funding recipient on 30 June 2009 (in respect of payments made to the funding recipient during the funding period 1 July