AGREEMENT made the thirteenth day of August One
thousand nine hundred and thirty-seven BETWEEN THE COMMONWEALTH OF AUSTRALIA
(in this Agreement called “the
Commonwealth”) and the STATE OF NEW SOUTH WALES (in this
Agreement called “the
State”):
WHEREAS by an Agreement in the form contained in
the Schedule to the Federal Aid Roads Act 1926 of the Commonwealth
and made on the seventeenth day of June One thousand nine hundred and
twenty-seven between the Commonwealth and the State (which Agreement was
approved adopted authorised and ratified by the Federal Aid Roads Act,
1927 of the State and is hereinafter called the
“Original
Agreement”) it was agreed (inter alia) that the Commonwealth
would subject to and for the purposes of the Agreement provide the sum therein
mentioned during the period of ten years commencing on the first day of July
One thousand nine hundred and twenty-six and that subject as therein mentioned
the State would provide the additional sum therein mentioned for the purposes
of the Agreement:
AND WHEREAS the Original Agreement was varied by
two Amending Agreements as follows, namely:—
(a)
An Agreement in the form contained in the
Schedule to the Federal Aid Roads Act 1931 of the Commonwealth
and made on the twenty-fifth day of September One thousand nine hundred and
thirty-one between the Commonwealth and the State which Agreement was approved
adopted authorised and ratified by the Federal Aid Roads (Further Agreement) Act
1931 of the State and varied the Original Agreement and
extended it for the period of six months from the first day of July One
thousand nine hundred and thirty-six: and
(b)
An Agreement in the form contained in the
Schedule to the Federal Aid Roads Act 1936 of the Commonwealth
and made on the twenty-eighth day of October One thousand nine hundred and
thirty-six between the Commonwealth and the State which Agreement was approved
adopted authorised and ratified by the Federal Aid Roads (Agreements Extension)
Act 1936 of the State and extended the Original Agreement as
varied by the Amending Agreement aforesaid for six months from the first day
of January One thousand nine hundred and
thirty-seven:
AND WHEREAS the Commonwealth proposes to make
available to the several States for the purposes hereinafter mentioned the
amounts hereinafter mentioned in each year during the period of ten years
commencing on the first day of July One thousand nine hundred and
thirty-seven:
AND WHEREAS the Commonwealth proposes to
distribute the said amounts between the several States on the following basis,
namely, five per centum to the State of Tasmania, and ninety-five per centum
between the several States (excluding Tasmania) as to three-fifths of such
ninety-five per centum, according to their respective populations as at the
thirtieth day of June One thousand nine hundred and thirty-six, and as to
two-fifths of such ninety-five per centum according to their respective
areas:
NOW IT IS HEREBY AGREED as
follows:—
1.
This Agreement shall have no force or effect and
shall not be binding on either party unless and until it is authorised or
approved by the Parliaments of the Commonwealth and of the
State.
2.—
(1)
The Commonwealth will subject to this Agreement
and for the purposes mentioned in subclause (1) of clause 4 of this Agreement
provide in each year during the period of ten years commencing on the first
day of July One thousand nine hundred and thirty-seven a sum equivalent to
281/1000ths of the aggregate of the following amounts, namely:—
(a)
so much of the duties of customs payable and
collected under the Tariff Item specified in this paragraph in respect of the
goods specified in this paragraph as shall be equal to 2½d.per gallon of
all those good which shall be entered for home consumption during that year
that is to say, the duties of customs payable and collected under Tariff Item
229 (C) in the Schedule to the Customs Tariff 1933–1936 or under that
Tariff Item as amended or proposed to be amended during the continuance of
this Agreement in respect of petroleum and shale products, viz.: naphtha,
benzine, benzoline, gasoline, pentane, petrol and any other petroleum or shale
spirit; and
(b)
so much of the duties of excise payable and
collected under the Tariff Item specified in this paragraph in respect of the
goods specified in this paragraph as shall be equal to 1½d. per gallon of
all those good which shall be entered for home consumption during that year,
that is to say, the duties of excise payable and collected under Tariff Item
11 in the Schedule to the Excise Tariff 1921–1936 or under that Tariff
Item as amended or proposed to be amended during the continuance of this
Agreement in respect of—
(A)
petroleum or shale products, viz.: petrol,
benzine, benzoline, gasoline, naphtha, pentane, and any other petroleum or
shall spirit as described in that Item;
(B)
petroleum or shale distillates, viz.: turpentine
substitutes; and
(C)
coal tar and coke oven distillates (including
benzol) suitable for use as petrol substitutes as described in that
Item.
(2)
The Commonwealth will subject to this Agreement
and for the purposes mentioned in subclause (2) of clause 4 of this Agreement
provide in each year during the period of ten years last aforesaid a sum
equivalent to 281/1000ths of the aggregate of the following amounts,
namely:—
(a)
so much of the duties of customs payable and
collected under the Tariff Item specified in paragraph (a) of subclause (1) of
this clause in respect of the goods specified in that paragraph as shall be
equal to ½d. per gallon of all those goods which shall be entered for
home consumption during that year;
(b)
so much of the duties of excise payable and
collected under the Tariff Item specified in paragraph (b) of subclause (1) of
this clause in respect of the goods specified in that paragraph (other than
benzol) as shall be equal to ½d. per gallon of all those goods which
shall be entered for home consumption during that
year.
(3)
All the sums provided under subclauses (1) and
(2) of this clause will be paid by the Commonwealth into a Trust Account
established for the purpose under section 62A of the Audit Act
1901–1934.
(4)
Payments will be made monthly to the State out of
the moneys for the time being in the said Trust Account and the Minister shall
when each payment is made notify the State of the portions of the payment
which are made from the sums provided under subclauses (1) and (2) of this
clause, respectively.
3.—
(1)
The Commonwealth will in each year during the
period of ten years last aforesaid withdraw from moneys in the said Trust
Account and pay into the Sinking Fund an amount equal to Two pounds ten
shillings per centum (£2 10s. per cent.) per annum accruing from day to
day on so much of the moneys which have been provided by the State for the
purposes of the Original Agreement as have been provided from loan
moneys.
(2)
The State will on the thirty-first day of
December (or on such other date as may be agreed upon between the Commonwealth
and the State) in each year after the expiration of the period of ten years
last aforesaid pay into the Sinking Fund an amount equal to Two pounds ten
shillings per centum (£2 10s. per cent.) per annum accruing from day to
day on the amount of loan moneys which have been provided by the State for the
purposes of the Original Agreement until the amounts paid into the Sinking
Fund under the Original Agreement as varied as aforesaid and under this
Agreement and any amendment of this Agreement in respect of such loan moneys
together with the Sinking Fund contributions in respect of such loan moneys
provided for by the Financial Agreement are sufficient to provide for the
redemption of the said loan moneys. For the purposes of this clause the said
payments and contributions shall be deemed to accumulate at the rate of four
and a half per centum (4½ per cent.) per annum
compounded.
(3)
The Sinking Fund hereinbefore referred to is the
National Debt Sinking Fund established under the National Debt Sinking Fund Act
1923–1934 of the Commonwealth or any amendment thereof
or any Sinking Fund established in lieu thereof and all moneys paid into such
Funds shall be applied as if they were Sinking Fund contributions paid under
the Financial Agreement in respect of the Public Debt of the
State.
(4)
The Financial Agreement hereinbefore referred to
is the Agreement set forth in the Schedule to the Financial Agreement Validation
Act 1929 of the Commonwealth and in the Schedule to the
Financial Agreement Ratification Act 1928 of the
State and validated and approved by those Acts.
(5)
Subclause (2) of clause 4 of the Original
Agreement as varied as aforesaid shall cease to have effect upon the first day
of July One thousand nine hundred and thirty-seven.
4.—
(1)
All moneys paid to the State from the sums
provided under subclause (1) of clause 2 of this Agreement shall be expended
upon the construction reconstruction maintenance or repair of
roads.
(2)
All moneys paid to the State from the sums
provided under subclause (2) of clause 2 of this Agreement shall be expended
upon the construction reconstruction maintenance or repair of roads or other
works connected with transport as the State may think
fit.
5.—
(1)
Whenever so required by the Minister the State
during the period of ten years commencing on the first day of July One
thousand nine hundred and thirty-seven and not thereafter will to the
reasonable satisfaction of the Minister make provision for the proper
maintenance and repair, to a standard necessary to meet the requirements of
the Commonwealth and other traffic using such roads, of public roads adjoining
or of approach to properties of the Commonwealth within the
State.
(2)
The State shall not be required to make any
provision under this clause—
(a)
in any year in excess of an amount equivalent to
one-twelfth of the moneys paid to the State in that year from the sums
provided under subclause (2) of clause 2 of this Agreement;
or
(b)
with respect to roads within the boundaries of
the properties of the Commonwealth.
(3)
In this clause “properties of
the Commonwealth” includes establishments, works and
activities of the Commonwealth.
6.
Any notice, requirement or other communication to
be given or made by the Commonwealth or the Minister to the State under this
Agreement shall be deemed to have been duly given or made if signed by or on
behalf of the Minister and delivered by hand or sent by prepaid post addressed
to the Minister for Transport at his office in Sydney.
7.
In this Agreement “the Minister” means the Minister of State of
the Commonwealth for the Interior for the time being and includes any Minister
of State of the Commonwealth or member of the Federal Executive Council for
the time being acting for and on behalf of the Minister.
IN WITNESS whereof the Prime Minister of the
Commonwealth and the Premier of the State have hereunto set their hands the
day and year first above written.
SIGNED by the RIGHT HONORABLE JOSEPH ALOYSIUS
LYONS, C.H., the Prime Minister of the Commonwealth in the presence
of—
(Sgd.) F.
STRAHAN
(Sgd.) J.
A. LYONS.
Signed by the HONORABLE BERTRAM SYDNEY BARNSDALE
STEVENS the Premier of the State of New South Wales in the presence
of—
(Sgd.) J. G.
LEE
(Sgd.) B.
S. STEVENS.