Document ID: chunk:federal_register_of_legislation:C2018C00226:section:88
Version: federal_register_of_legislation:C2018C00226
Segment Type: section
Provision Reference: s 88
Character Range: 68935–71283

88  Variation of Roads to Recovery List
 (1) If:
 (a) a person or body (the named recipient) specified in a Roads to Recovery List ceases to exist before receiving the full amount (the named recipient's amount) specified for the named recipient in the List; and
 (b) the Minister considers that one or more other persons or bodies have taken over the responsibilities of the named recipient;
the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient's amount to the other person or body, or to one or more of the other persons or bodies.
 (2) If the Minister considers that:
 (a) the amount specified in a Roads to Recovery List for a person or body (the named recipient) was wholly or partly on account of a particular area for which the named recipient was responsible; and
 (b) before the named recipient receives the full amount (the named recipient's amount) specified for the named recipient in the List, one or more other persons or bodies takes over responsibility for all or part of that area;
the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient's amount to the other person or body, or to one or more of the other persons or bodies.
 (2A) If:
 (a) a Roads to Recovery List includes a statement referred to in subparagraph 87(b)(ii) in relation to an amount; and
 (b) the Minister considers that one or more persons or bodies are or will become responsible for all or part of the State or area referred to in the statement;
the Minister may, in writing, vary the List to direct some or all of the amount to the person or body, or to one or more of the persons or bodies.
 (2B) If an amount is specified in a Roads to Recovery List in relation to a person or body, the Minister may, in writing, vary the List to increase that amount.
 (3) The Minister may, in writing, vary a Roads to Recovery List to correct an error or to update the name of a person or body specified in the List.
 (4) The Minister cannot vary a Roads to Recovery List except as permitted by subsection (1), (2), (2A), (2B) or (3).
 (5) An instrument varying a Roads to Recovery List is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
 (6) The Minister cannot revoke a Roads to Recovery List.