Interstate Road Transport Charge Amendment Regulations 2010 (No. 1) (Cth)

Interstate Road Transport Charge Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 177

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Interstate Road Transport Charge Act 1985.

Dated 29 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Interstate Road Transport Charge Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Interstate Road Transport Charge Regulations 2009

Schedule 1 amends the Interstate Road Transport Charge Regulations 2009.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 1, subclause 1 (1)

after

financial year

insert

(the relevant year)

[2] Schedule 1, subclause 1 (4)

substitute

(4)The result is the raw annual adjustment factor (RAAF) expressed as a percentage.

(5)If the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the relevant year does not provide the information needed to calculate the value of TFU in clause 2A and the values of HV and TTR in clause 2B, then the raw annual adjustment factor is the annual adjustment factor for the relevant year.

(6)If subclause (5) does not apply, the following formula is to be applied:

where:

PRABC is:

(a)the revised adjusted base cost derived in calculating the annual adjustment factor for the previous financial year; or

(b)if no revised adjusted base cost was derived in calculating the annual adjustment factor for the previous financial year, the revised adjusted base cost in the relevant annual report of the NTC.

Note For PRABC for 2010–2011, see clause 4.

relevant annual report of the NTC means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the financial year for which the annual adjustment factor is being calculated.

(7)The result is the revised adjusted base cost (RABC).

(8)Next, the following formula is to be applied:

where:

FR means the estimated total amount of the road user charge under the Fuel Tax Act 2006 as calculated in accordance with clause 2A.

RR means the estimated revenue raised in relation to heavy vehicles by registration charges in Australia as calculated in accordance with clause 2B.

(9)Finally, the amount calculated under subclause (8) is to be rounded up or down to 1 decimal place (rounding an amount of 0.05 upwards).

The result is the annual adjustment factor expressed as a percentage.

[3] Schedule 1, after clause 2

insert

2AEstimated total amount of road user charge

(1)The estimated total amount of the road user charge (FR) under the Fuel Tax Act 2006 is to be calculated in accordance with this clause.

(2)First, the following formula is to be applied:

where:

previous year means the financial year that immediately preceded the relevant year.

relevant annual report of the NTC means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the relevant year.

relevant year means the financial year for which the annual adjustment factor is being calculated.

RUC is the road user charge rate (expressed in dollars) for the previous year that applied under section 43-10 of the Fuel Tax Act 2006, or if more than 1 rate applied in that year, the last rate that applied in that year.

TFU is the total fuel use by heavy vehicles in litres determined by adding together the estimated annual fuel use by category as shown in the relevant annual report of the NTC.

(3)Second, the amount calculated under subclause (2) is to be divided by 1 000 000.

(4)Third, the amount calculated under subclause (3) is to be rounded up or down to 2 decimal places (round an amount of 0.005 upwards).

(5)The result is the FR.

2BEstimated revenue from registration charges

(1)The estimated revenue raised in relation to heavy vehicles by registration charges in Australia (RR) is to be calculated in accordance with this clause.

(2)First, the following formula is to be applied:

where:

HV is the sum of the amounts of the estimated vehicle registration revenue, excluding trailers, by category of heavy vehicle as shown in the relevant annual report of the NTC.

relevant annual report of the NTC means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the financial year for which the annual adjustment factor is being calculated.

TTR is the sum of the amounts of the estimated trailer registration revenue by category of heavy vehicle as shown in the relevant annual report of the NTC.

(3)Second, the amount calculated under subclause (2) is to be divided by 1 000 000.

(4)Third, the amount calculated under subclause (3) is to be rounded up or down to 2 decimal places (round an amount of 0.005 upwards).

(5)The result is the RR.

[4] Schedule 1, after clause 3

insert

Transitional provision in relation to the calculation of the annual adjustment factor for 2010–2011

For calculating the annual adjustment factor for the 2010–2011 financial year:

(a)in subclause 1 (6), the PRABC is 2015.15; and

(b)in clauses 2A and 2B, a reference to the relevant annual report of the NTC is to be read as if it were a reference to the tables published by the National Transport Commission before 1 July 2010 in the Gazette for the purposes of this Schedule.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See