Document ID: chunk:federal_register_of_legislation:F2014L01359:body:0:p3
Version: federal_register_of_legislation:F2014L01359
Segment Type: other
Provision Reference: 
Character Range: 5142–7871

less than the amount of the Roads to Recovery payment; and
(c) the funding recipient wishes to spend the unspent amount of the Roads to Recovery payment on another project relating to the construction or maintenance of roads;
 then the funding recipient must first obtain the approval of the Department for the expenditure of the unspent amount on the other project, and the other project must be included in the funding recipient's works schedule.
2.3 A funding recipient must ensure that each Roads to Recovery payment is spent within six months of receipt of the payment.
              Note: The Minister has the power under section 91 of the Act to exempt a funding recipient from a condition.
2.4 A funding recipient must spend all Roads to Recovery payments it receives by 31 December 2019.
        2.5 If a funding recipient receives an amount as interest in respect of a Roads to Recovery payment in one financial year, the recipient must spend an amount equal to that amount on the construction or maintenance of roads in the next financial year and must be able to demonstrate that it has done so.  This condition does not apply to funding recipients which are to receive total funding of less than $1.25 million according to the Roads to Recovery List.
              Note: Interest earned in respect of a Roads to Recovery payment is own source funds for the purposes of Part 3.
        2.6 If a funding recipient distributes Roads to Recovery payments which it receives to local government authorities for expenditure by those authorities on the construction or maintenance of roads, the funding recipient must ensure that the authorities are subject to the same obligations in respect of those payments as those to which the funding recipient is subject under clause 5.8 and Part 6.

Part 3: Own source roads expenditure obligation
3.1 Subject to clause 3.2, for each financial year in which a funding recipient receives, spends or retains any amount of a Roads to Recovery payment, the funding recipient must spend on the construction or maintenance of roads an amount of own source funds equal to or greater than the reference amount applicable to the funding recipient.
3.2 If a funding recipient does not fulfil the condition in clause 3.1 for a financial year, but the average expenditure of its own source funds in that year and the previous financial year, or in that year and the two previous financial years, exceeds the reference amount applicable to the funding recipient, the funding recipient is taken to have fulfilled the condition in clause 3.1 in respect of the first-mentioned financial year.

Part 4: Public information conditions
4.1 In all formal public statements, media releases or statements,