Transport Administration Act 1988 No 109
Historical version for 8 July 2011 to 30 September 2011 (accessed 18 December 2014 at 22:30) Current version
Part 8Division 3

Division 3 Financial provisions relating to Roads and Traffic Authority

77   Roads and Traffic Authority Fund

There shall be established in the Special Deposits Account in the Treasury a Roads and Traffic Authority Fund.

78   Payments into Roads and Traffic Authority Fund

(1)  There shall be paid into the Roads and Traffic Authority Fund:
(a)  all money:
(i)  advanced to the Roads and Traffic Authority by the Treasurer, or
(ii)  appropriated by Parliament for the purposes of Transport NSW and allocated to the Roads and Traffic Authority by the Director-General, or
(iii)  otherwise appropriated by Parliament for the purposes of the Roads and Traffic Authority,
but excluding money advanced or appropriated for such non-capital expenditure as may be prescribed by the regulations, and
(b)  all money received by or on account of the Roads and Traffic Authority, except:
(i)  any tax paid under the Motor Vehicles Taxation Act 1988 or charges and administration fees paid under Part 2A of the Road Transport (Vehicle Registration) Act 1997, and
(ii)  any fees or charges prescribed under the Traffic Act 1909, the Road Transport (Vehicle Registration) Act 1997, the Driving Instructors Act 1992 or the Recreation Vehicles Act 1983, and any fees paid under the Road Transport (Driver Licensing) Act 1998, and
(iia)  any money received under the Tow Truck Industry Act 1998, and
(iii)  any money excluded from paragraph (a), and
(iv)  any money excluded from this paragraph by the regulations, and
(c)  all money borrowed under the Public Authorities (Financial Arrangements) Act 1987 or any other Act, and
(d)  interest paid by the Treasurer, at the rate agreed by the Treasurer and the Roads and Traffic Authority, on the monthly balance of the Fund, and
(e)  (Repealed)
(f)  all other money required by or under this or any other Act to be paid into the Fund.
(2)  Regulations shall not be made under this section without the concurrence of the Treasurer.

79   Payments from Roads and Traffic Authority Fund

There shall be paid from the Roads and Traffic Authority Fund:
(a)  all payments made on account of the Roads and Traffic Authority or otherwise required to meet expenditure incurred in relation to the functions of the Authority, other than payments for such non-capital expenditure as may be prescribed by the regulations under section 78 (1) (a), and
(b)  all other payments required by or under this or any other Act to be paid from the Fund.

80   Expenditure on certain State works

(1)  Money in the Roads and Traffic Authority Fund may not be used for the construction or maintenance of a State work unless it is money provided for the purpose by Parliament.
(2)  In this section, State work means a State work within the meaning of the Roads Act 1993, but does not include a road or work deemed by section 4 (5) of the former State Roads Act 1986 to be a State work.

80A   Payments of subsidies to councils for traffic route lighting

(1)  The Authority may, with the approval of the Minister, grant annual subsidies to councils for the lighting, to a standard approved by the Authority, of traffic routes.
(2)  Before granting any such subsidy the Authority may require a council to enter into an agreement with the Authority to secure the carrying out of the purposes for which, and the terms and conditions on and subject to which, the subsidy is granted.

80B   Authority to make available money for subsidies

(1)  In the period of 12 months commencing on 1 July each year, the Authority must make available the amount of subsidies that the Minister with the concurrence of the Treasurer estimates will be granted to councils under this Part in that period of 12 months.
(2)  The Minister, before the commencement of each period of 12 months referred to in subsection (1), is to serve a notice on the Authority specifying the amount of the payment required.
(3)  An amount payable under this section in any period of 12 months is to be paid in such sum or sums, at such time or times during that period and in such manner as the Minister may require in and by the notice referred to in subsection (2).
(4)  The Authority may make the whole or any part of a payment required by this section out of the Roads and Traffic Authority Fund.

80C   Payments of subsidies to electricity distribution network service providers for removal or relocation of electricity structures

(1)  The Authority may, with the approval of the Minister, grant subsidies to an electricity distribution network service provider for or towards the cost of removing or relocating electricity structures erected, within the distribution district of the provider, on or adjacent to public roads, being electricity structures which the Authority has determined require removal or relocation for the purposes of traffic safety.
(2)  Before granting any such subsidy, the Authority may require an electricity distribution network service provider referred to in subsection (1) to enter into an agreement with the Authority to secure the carrying out of the purposes for which, and the terms and conditions upon and subject to which, the subsidy is granted.
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