Document ID: chunk:federal_register_of_legislation:F2024L00670:reg:9
Version: federal_register_of_legislation:F2024L00670
Segment Type: reg
Provision Reference: reg 9
Character Range: 14488–17235

9  Conditions on expenditure of payments
       (1)    A Roads to Recovery payment may only be spent in respect of a Roads to Recovery project.
       (2)    A funding recipient must ensure that each Roads to Recovery payment is spent within six months of receipt of the payment and by 31 December 2029.
       (3)    If a funding recipient:
            (a)    earns an amount of interest on funds deposited in respect of a Roads to Recovery payment in one financial year; and
            (b)    has a funding amount of more than $1.3 million,
  then the funding recipient must spend an amount equal to that amount of interest earned on the construction and/or maintenance of roads in the next financial year.
              Note: Interest earned in respect of a Roads to Recovery payment and spent on the construction and/or maintenance of roads is included in own source funds.
       (4)    The WHS Accreditation Scheme applies to building work undertaken for a Roads to Recovery project if the building work is carried out under a contract with a value of $4,000,000 or more (GST inclusive) and the Roads to Recovery payment for the project that includes the building work is at least:
            (a)    $6,000,000 (GST inclusive) and represents at least 50% of the total funding; or
            (b)    $10,000,000 (GST inclusive).
Note: The WHS Accreditation Scheme is established under the Federal Safety Commissioner Act 2022 and specified in the Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023. It applies to building work that is indirectly funded by the Commonwealth or a corporate Commonwealth entity.
 Building Work means building work as defined in section 6 of the Federal Safety Commissioner Act 2022, but does not include 'prescribed building work' (see section 43 of that Act and section 26 of the Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023.
       (5)    Contracts for building work that use Road to Recovery payments and meet the financial thresholds in subsection 9(4) must:
            (a)    be notified to the Office of the Federal Safety Commissioner at the earliest possible opportunity (that is, when approaching the market); and
            (b)    contain a requirement that the builder:
                (i)            is accredited under the WHS Accreditation Scheme; and
                (ii)            maintains their accreditation while carrying out the building work.
              Note: Paragraph 26(g) of the Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 outlines provisions applying to joint venture arrangements that include accredited and unaccredited builders.

       (6)    Funding recipients must comply with all other laws.