Interstate Road Transport Regulations (Amendment) (Cth)

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Statutory Rules 1986 No. 3861

Interstate Road Transport Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations under the Interstate Road Transport Act 1985.

Dated 18 December 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Morris

Minister of State for Transport

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Interstate Road Transport Regulations.

2. Regulation 6 of the Principal Regulations is repealed and the following regulation substituted:

Approved insurers

“6. For the purposes of this Division—

(a) the insurer, or each of the insurers, specified in Column 3 of an item in Schedule 1 is, for the purpose of the insurance of a motor vehicle or trailer registered, or to be registered, under the Act, the approved insurer, or an approved insurer, in respect of the State or Territory specified in Column 2 of that item; and

(b) the Transport Accident Commission (being the Commission established by the Transport Accident Act 1986 of the State of

 

(S.R. 408/86)—Cat. No.  10/11.12.1986

 

Victoria) is, for the purpose of the insurance of a trailer registered, or to be registered, under the Act, the approved insurer in respect of that State.”.

Application of Division to motor vehicles, &c, belonging to the Commonwealth or any State

3. Regulation 8 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “in respect of the use of which a third-party policy is not in force” and substituting “in connection with which no arrangements relating to insurance are in force”; and

(b) by omitting from sub-regulation (2) “sub-section” and substituting “sub-regulation”.

4. Regulation 9 of the Principal Regulations is repealed and the following regulation substituted:

Registered motor vehicle, &c., to be insured

“9. (1) The owner of a registered motor vehicle or trailer shall ensure that, at all times during the period for which the registration of the motor vehicle or trailer remains in force—

(a) there exists under the law of the relevant, or a relevant, State or Territory in relation to the motor vehicle or trailer a scheme relating to motor vehicle accident compensation that applies in respect of the death of, or bodily injury to, persons caused by or arising out of the use, in any State or Territory, of the motor vehicle or trailer; or

(b) there is in force a third-party policy in respect of the use of the motor vehicle or trailer issued by the approved insurer, or an approved insurer, in respect of the relevant, or a relevant, State or Territory in relation to the motor vehicle or trailer.

“(2) A State or Territory is, for the purposes of sub-regulation (1), a relevant State or Territory in relation to a registered motor vehicle or trailer if the owner of the motor vehicle or trailer carries on, from a place in that State or Territory, a business involving the use of that motor vehicle or trailer.”.

Certificate of insurance to be produced, or insurer to be nominated, at time of registration of certain motor vehicles, &c.

5. Regulation 10 of the Principal Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) Where—

(a) a person, being the owner of a motor vehicle or trailer, makes an application to the Registration Authority in respect of a State or Territory for the registration or re-registration of the motor vehicle or trailer; and

(b) there is not in force under the law of that State or Territory a scheme relating to motor vehicle accident compensation that applies in respect of the death of, or bodily injury to, persons caused by or arising out of the use, in any State or Territory, of the motor vehicle or trailer,

the person shall, at the time of the making of the application, in accordance with instructions issued in that respect by the Registration Authority—

(c) lodge with the Registration Authority a certificate of insurance in accordance with the approved form issued by the approved insurer, or an approved insurer, in respect of that State or Territory to the effect that a third-party policy that is expressed—

(i) to commence on a day not later than the day on which the registration or re-registration of the motor vehicle or trailer is to come into force; and

(ii) to expire on or after the expiration of the period for which that registration or re-registration will, unless sooner cancelled or surrendered, be in force,

has been, or will be, issued by the approved insurer in respect of the use of the motor vehicle or trailer; or

(d) nominate, in writing in accordance with the approved form, the approved insurer, or an approved insurer, in respect of that State or Territory in connection with the issue of a third-party policy in respect of the use of the motor vehicle or trailer and pay to the Registration Authority an amount equal to the amount of insurance premium payable to that approved insurer in respect of the issue of a third-party policy in respect of the use of the motor vehicle or trailer that is expressed—

(i) to commence on the day on which the registration or re-registration of the motor vehicle or trailer is to come into force; and

(ii) to expire on the expiration of the period for which that registration or re-registration will, unless sooner cancelled or surrendered, be in force.”.

Rights, &c., of insurer, owner, &c., of vehicle with respect to claims for damages

6. Regulation 12 of the Principal Regulations is amended—

(a) by omitting “in relation to a motor vehicle or trailer registered by the Registration Authority in respect of a State or Territory” and substituting “in respect of a State other than the State of Victoria or a Territory”; and

(b) by omitting “the motor vehicle” (first occurring) and substituting “a motor vehicle”.

Reconsideration and review of certain decisions

7. Regulation 33 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “section” and substituting “regulation”; and

(b) by inserting in sub-regulation (7) after “person” (first occurring) “who made under sub-regulation (3) the request to which the decision relates”.

Issue of new certificate

8. Regulation 45 of the Principal Regulations is amended by omitting from paragraph (1) (e) “(f)” and substituting “(g)”.

Documents containing information recorded by charge monitoring device

9. Regulation 47 of the Principal Regulations is amended—

(a) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) in a case where information recorded by the charge monitoring device fitted to the vehicle relating to the operation of the vehicle may be transferred to a document mechanically, electronically or by any other means not involving direct human manipulation—cause that information to be transferred to a document—

(i) otherwise than by means involving direct human manipulation; and

(ii) in a manner that ensures that none of that information is, in the course of so being transferred to the document, obliterated or rendered unintelligible.”;

(b) by omitting from sub-regulation (2) “form set out in Schedule 3” and substituting “approved form”; and

(c) by omitting paragraph (2) (b) and substituting the following paragraph:

“(b) all documents to which information recorded by the charge monitoring device fitted to the vehicle was, in accordance with paragraph (1) (b), transferred during the relevant period,”.

Safe keeping of documents

10. Regulation 48 of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) a document to which information recorded by the charge monitoring device fitted to the vehicle is, in accordance with paragraph 47 (1) (b), transferred during the currency of the relevant registration; and”.

Schedule 1

11. Schedule 1 to the Principal Regulations is amended by omitting items 2, 6 and 7.

Schedule 2

12. Schedule 2 to the Principal Regulations is amended—

(a) by omitting from sub-clause 3 (1) all words from and including “an electronic memory” to and including “document” and substituting “a component part of the device (in this Schedule referred to as the ‘memory’ of the device) from which information can subsequently be transferred to a document by electronic or mechanical means or any other means not involving direct human manipulation”; and

(b) by omitting paragraph 5 (a) and substituting the following paragraph:

“(a) the document referred to in sub-clause 3 (1) located in the device, or the memory of the device, as the case may be, is protected from any electrical, magnetic, microwave or physical interference; and”.

Repeal of Schedule 3

13. Schedule 3 to the Principal Regulations is repealed.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1986.

2. Statutory Rules 1986 No. 291.

Printed by Authority by the Commonwealth Government Printer

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