Document ID: chunk:federal_register_of_legislation:C2018C00226:section:90
Version: federal_register_of_legislation:C2018C00226
Segment Type: section
Provision Reference: s 90
Character Range: 71964–73710

90  Conditions that apply to payments
 (1) The Minister must, in writing, determine the conditions that apply to payments under this Part.
 (2) The conditions must include:
 (a) a condition that requires the payment to be spent on the construction or maintenance of roads; and
 (b) a condition that requires the expenditure to be properly accounted for; and
 (c) for any payment that is made to a local government authority—a condition that requires the authority to maintain the level of its expenditure on roads, so far as that expenditure comes from sources other than Commonwealth, State or Territory funding; and
 (d) a condition that requires signs to be displayed in relation to projects (other than maintenance programs) that are funded under this Part.
 (3) The conditions may also include conditions requiring the funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions.
 (4) Subsections (2) and (3) do not limit the matters that may be dealt with in the conditions.
 (5) The Minister may, in writing, vary or revoke any of the conditions.
 (6) An instrument determining, varying or revoking conditions is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
 (7) Despite subsection 14(2) of the Legislation Act 2003, an instrument determining or varying conditions may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.