Document ID: chunk:federal_register_of_legislation:F2013C00209:body:0:p2
Version: federal_register_of_legislation:F2013C00209
Segment Type: other
Provision Reference: 
Character Range: 2738–5363

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 2005 to 30 June 2009) plus 11.5%.

  reference period is the period commencing on 1 July 2004 and ending on 30 June 2009;

Roads to Recovery payment means a payment of Commonwealth funds provided under the Roads to Recovery Program under Part 8 of the Act during the funding period 1 July 2009 to 30 June 2014;

 small funded project means a project relating to the construction or maintenance of roads, the total cost of which is, or is expected to be,  less than $10 000;

 the Act means the Nation Building Program (National Land Transport) Act 2009.

 (2) Terms that are defined in the Act have the same meaning in this Determination.

Part 2: Conditions relating to expenditure of payments
2.1. A funding recipient must ensure that Roads to Recovery payments are:

(a) spent only on the construction or maintenance of roads;

(b) spent only on projects which are identified in the works schedule submitted by the funding recipient in accordance with clause 5;

(c) spent only on work on projects which are in progress on or after 1 July 2009 and for which payment is required on or after 1 July 2009; and

(d) not spent on meeting any part of a price paid by the funding recipient for a supply acquired by the funding recipient where:

(i) the supply is a supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999; and

(ii) the part of the price represents the amount of GST payable on the supply by the entity which is making or which made, the supply.

 Note: the terms 'road'; 'construction' and 'maintenance' are defined in section 4 of the Act.  The Department has issued Guidelines which give a more detailed explanation of these terms.

2.2. If:

(a) a Roads to Recovery payment is provided for a particular project specified by the Commonwealth; and

(b) that project costs the funding recipient less than the total Roads to Recovery payments provided in respect of that project or that project does not proceed at all; and

(c) the funding recipient wishes to spend the unspent Roads to Recovery payment on another project relating to the construction or maintenance of roads;

 the 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