National Road Transport Commission Act 1991 (Cth)
This compilation was prepared on 15 September 2003
taking into account amendments up to Act No. 82 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
National Road Transport Commission Act 1991 .
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement.
Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister.
Chairperson means the Chairperson of the Commission.
Chief Executive Officer means the Chief Executive Officer of the Commission.
Commission means the National Road Transport Commission established by section 4.
Deputy Chairperson means the Deputy Chairperson of the Commission.
First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A.
First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A.
head of government , in relation to a party to an Agreement, means:
(a) in the case of the Commonwealth—the Prime Minister; or
(b) in the case of a State—the Premier of the State; or
(c) in the case of a Territory—the Chief Minister of the Territory.
Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by:
(a) the Original Light Vehicles Agreement; and
(b) the First Heavy Vehicles Amending Agreement.
Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.
member means a member of the Commission.
New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3).
ordinary member means a member of the Commission other than the Chief Executive Officer.
Original Heavy Vehicles Agreement means the agreement:
(a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and
(b) acceded to by the Northern Territory on 15 May 1992;
being the agreement a copy of which is set out in Schedule 1.
Original Light Vehicles Agreement means the agreement:
(a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and
(b) acceded to by Western Australia on 27 July 1992; and
(c) acceded to by Tasmania on 28 August 1992;
being the agreement a copy of which is set out in Schedule 2.
staff member means:
(a) the Chief Executive Officer; or
(b) a member of the staff referred to in section 31; or
(c) a person employed under section 32; or
(d) any of the officers, employees and persons who, under section 33, are to assist the Commission.
TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory.Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.
Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements.
(1) A National Road Transport Commission is established.
(2) The Commission:
(a) is a body corporate with perpetual succession; and
(b) is to have a common seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued.
(3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission.
(4) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and
(b) presume the imprint was duly made.
(1) The Commission consists of:
(a) the Chief Executive Officer; and
(b) 5 ordinary members.
(2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership.
(1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council.
(2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
(3) The Australian Transport Council must nominate a person for appointment as an ordinary member if:
(a) there is in force a declaration under subsection (4); and
(b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and
(c) the person will fill a vacancy in the membership of the Commission; and
(d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection.
(4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission.
(5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36.
(6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard.
(7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
(1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members.
(2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
(3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member.
(1) The Commission has the following functions and powers:
(a) the functions and powers that an Agreement provides for it to have;
(b) functions and powers conferred on it by or under this Act (other than this section);
(c) functions and powers conferred on it by or under other laws of the Commonwealth;
(d) functions and powers expressed to be conferred on it by or under a law of a State or Territory;
(e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister;
(f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by:
(i) a Minister of the Crown of a State; or
(ii) a Minister of a Territory.
(2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
(3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.
(4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f).
(5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it.
(1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs.
(2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council.
(3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with:
(a) governments and government bodies; and
(b) representatives of industries, including the road transport industry; and
(c) representatives of people who live in rural or remote areas of Australia; and
(d) other interested people, bodies and organisations.
(1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following:
(a) the principles set out in Recital C of the Heavy Vehicles Agreement;
(b) the objectives set out in Recital D of the Heavy Vehicles Agreement;
(c) the objectives set out in Recital C of the Light Vehicles Agreement.
(2) Subsection (1) does not limit the matters to which the Commission may have regard.
(1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard.
(2) The standard may only be developed in conjunction with the National Environment Protection Council.
(1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers.
(2) A committee may be constituted:
(a) wholly by members; or
(b) wholly by persons who are not members; or
(c) partly by members and partly by other persons.
(3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time.
(4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission.
The ordinary members hold office on a part‑time basis.
An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member.
(1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council.
(2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council.
(3) A determination by the Australian Transport Council under subsection (1) or (2):
(a) must be made by writing signed by a majority of the members of the Australian Transport Council; and
(b) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .(4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission.
(5) This section, other than subsection (4), has effect subject to the
Remuneration Tribunal Act 1973 , but subsection (4) has effect despite that Act.
(1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines.
(2) A determination under subsection (1):
(a) must be made by writing signed by a majority of the members of the Australian Transport Council; and
(b) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .(3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions.
(4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission.
The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission.
An ordinary member may resign by writing signed by the member and delivered to the Governor‑General.
(1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.
(2) If an ordinary member (other than the New Zealand member):
(a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or
(b) contravenes section 25 without reasonable excuse;
the Governor‑General may terminate the appointment of the member.
(2A) If the New Zealand member:
(a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or
(b) contravenes section 25 without reasonable excuse;
the Governor‑General may terminate the appointment of the member.
(3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.
(4) The Governor‑General must terminate the appointment of the New Zealand member if:
(a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and
(b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.
(5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a).
(6) Subsection (4) does not, by implication, limit subsection (1) or (2A).
(7) In this section:
TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to:
(a) a TTMRA road vehicle standard; or
(b) a proposed TTMRA road vehicle standard.
An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.
(1) The Deputy Chairperson is to act as the Chairperson:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.
(2) The Australian Transport Council may appoint a person to act in the office of an ordinary member:
(a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office.
(3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council.
(4) A person acting under this section during a vacancy is not to continue to act for more than 12 months.
(5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that:
(a) the occasion for the person’s appointment to act had not arisen; or
(b) there is a technical defect or irregularity in connection with the person’s appointment; or
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
(1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chairperson:
(a) may, at any time, convene a meeting of the Commission; and
(b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members.
(3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to:
(a) a TTMRA road vehicle standard; or
(b) a proposed TTMRA road vehicle standard.
(1) The Chairperson is to preside at all meetings at which he or she is present.
(2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.
(3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings.
(1) A resolution is taken to have been passed at a meeting of the Commission if, without meeting, a sufficient number of ordinary members indicate agreement with a resolution in accordance with a method determined by the Commission under subsection (2).
Note:
Sufficient number of members is defined by subsection (3).(2) Subsection (1) does not apply unless the Commission:
(a) determines that it applies; and
(b) determines the method by which ordinary members are to indicate agreement with the resolution.
(3) In this section:
sufficient number of members , in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting.
(1) At a meeting, 3 ordinary members constitute a quorum.
(2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than:
(a) a matter relating to a TTMRA road vehicle standard; or
(b) a matter relating to a proposed TTMRA road vehicle standard.
(1) In this section:
New Zealand nominee means:
(a) if there is a New Zealand member—that member; or
(b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member.
(2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless:
(a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or
(b) both:
(i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and
(ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting.
(1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.
(2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to:
(a) a TTMRA road vehicle standard; or
(b) a proposed TTMRA road vehicle standard.
(1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.
(2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not:
(a) be present during any deliberation of the Commission in relation to the matter; or
(b) take part in any decision of the Commission in relation to the matter.
(1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission.
(2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.
(3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission.
(1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission.
(2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission.
(3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.
(4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission.
(5) This section, other than subsection (4), has effect subject to the
Remuneration Tribunal Act 1973 , but subsection (4) has effect despite that Act.
(1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.
(2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.
(3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.
(4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.
(1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.
The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time.
(1) Subject to this Division, the Commission’s staff are to be persons engaged under the
Public Service Act 1999 .(2) For the purposes of the
Public Service Act 1999 :
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
(1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers.
(2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time.
(1) The Commission is to be assisted by:
(a) persons engaged under the
Public Service Act 1999 , and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and(b) persons whose services are so made available under arrangements made under subsection (2).
(2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers.
(1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission.
(2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time.
(1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission.
(2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.
The Commission may receive money paid to it by a State, a Territory or New Zealand.
The money of the Commission consists of:
(a) money paid to the Commission under section 35; and
(b) money received by the Commission under section 36; and
(c) any other money paid to the Commission.
The money of the Commission is to be applied only:
(a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and
(b) in payment of any remuneration or allowances payable under this Act; and
(c) in providing, or paying for, any other benefits that are to be provided under this Act.
(1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council.
(2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs.
(3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council.
(4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
(1) The Commission is not a Commonwealth authority for the purposes of the
Commonwealth Authorities and Companies Act 1997 .(2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.
(3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement.
(4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.
(5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable.
(1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council.
(2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10.
(3) If the draft plan is given to the Australian Transport Council, the Council must:
(a) approve the draft plan; or
(b) refuse to approve the draft plan.
(4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to:
(a) make such alterations to the draft plan as are specified in the direction; and
(b) give the altered draft plan to the Council within the period specified in the direction.
(5) The Commission must comply with a direction under subsection (4).
(6) If:
(a) the altered draft plan is given to the Australian Transport Council; and
(b) the alterations are in accordance with the direction;
the Council must approve the altered draft plan.
(7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan.
(8) A final strategic plan is to be published by the Commission in such manner as the Commission determines.
(9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.
(1) The Minister may, by written instrument, declare that:
(a) the Australian Defence Force; and
(b) members of the Australian Defence Force;
are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes.
Note 1:
Defence‑related purpose is defined by subsection (6).Note 2:
Uniform road transport legislation is defined by section 41G.
(2) An exemption under subsection (1) may be:
(a) unconditional; or
(b) subject to such conditions as are specified in the declaration.
(3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:
(a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or
(b) both:
(i) a State or Territory has applied for protection against domestic violence; and
(ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or
(c) both:
(i) there is an emergency or disaster (whether natural or otherwise); and
(ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster.
(4) A declaration under subsection (1) has effect accordingly.
(5) If:
(a) the Australian Defence Force has completed an activity or a series of activities; and
(b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and
(c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia;
the Chief of the Australian Defence Force must notify the State or Territory accordingly.
(6) For the purposes of this section, a
defence‑related purpose is a purpose related to any of the following:
(a) the defence of Australia;
(b) the security of Australia;
(c) the operation of the Australian Defence Force in connection with the defence of Australia;
(d) the operation of the Australian Defence Force in connection with the security of Australia;
(e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;
(f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations;
(g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.
(1) The Minister may, by written instrument, declare that:
(a) the armed forces of a specified foreign country; and
(b) the members of that armed force;
are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force.
(2) An exemption under subsection (1) may be:
(a) unconditional; or
(b) subject to such conditions as are specified in the declaration.
(3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration.
(4) A declaration under subsection (1) has effect accordingly.
(1) The Minister may, by written instrument, declare that:
(a) the Australian Defence Force; and
(b) members of the Australian Defence Force;
are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to:
(c) the defence of Australia; or
(d) the security of Australia.
(2) An exemption under subsection (1) may be:
(a) unconditional; or
(b) subject to such conditions as are specified in the declaration.
(3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made.
(4) A declaration under subsection (1) has effect accordingly.
(5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration.
(6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
(1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C.
(2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.
(1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the
Defence Act 1903 .(2) Subsection 123(1) of the
Defence Act 1903 does not apply to:
(a) a permission (whether in the form of a licence or otherwise) under:
(i) the Road Transport Reform (Mass and Loading) Regulations; or
(ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or
(iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or
(b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission.
For the purposes of this Part, each of the following laws is
uniform road transport legislation :
(a) the
Road Transport Reform (Dangerous Goods) Act 1995 ;(b) the
Road Transport Reform (Heavy Vehicles Registration) Act 1997 ;(c) the
Road Transport Reform (Vehicles and Traffic) Act 1993 ;(d) if an Act relating to road transport declares that this section applies to the Act—that Act;
(e) regulations under an Act referred to in paragraph (a), (b), (c) or (d);
(f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e).
(1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is:
(a) a member; or
(b) a staff member; or
(c) an officer or employee of the Commonwealth; or
(d) an authority of the Commonwealth or an officer or employee of such an authority; or
(e) an officer or employee of a State or Territory; or
(f) an authority of a State or Territory or an officer or employee of such an authority.
(2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement.
(1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act.
(2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council.
(3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council.
(4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate.
(1) A certificate that:
(a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and
(b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;
is, upon mere production, receivable as
prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.
(2) A certificate that:
(a) purports to be signed by a member of the Australian Transport Council; and
(b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);
is, upon mere production, receivable as
prima facie evidence that the person is so authorised.
(3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.
(4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:
(a) this Act; or
(b) an instrument under this Act; or
(c) an Agreement.
(5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:
(a) this Act; or
(b) an instrument under this Act; or
(c) an Agreement.
(6) In this section:
Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must:
(a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and
(b) give a copy of the report to the head of government of each of the parties to an Agreement.
(2) The report must contain either:
(a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or
(b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.
Section 3
(a) legislation is made, and continues to be, uniform or consistent throughout Australia at all times except as otherwise provided for in this Agreement;
(b) legislation is administered so as to achieve, at least, a minimum standard of outcome;
(c) the Commonwealth, the States, the Australian Capital Territory and the Northern Territory of Australia are able to co‑operate with each other in regard to the matters to be provided in the legislation, the way in which the legislation is administered, and the fostering of innovation;
(d) the legislation is capable of effective administration throughout Australia with the minimum of procedural requirements and is so administered; and
(e) changes in the legislation are proposed for consideration as appropriate from time to time and amendments made when the need for reform arises.
(a) Firstly, the conclusion of an agreement between the Commonwealth and the Australian Capital Territory under which the former, with consent of the latter, will seek to enact or make the Commonwealth Act and the Commonwealth Road Transport Legislation for the Australian Capital Territory which law will be the model on which the pertinent law of the Parties to this Agreement, other than the Commonwealth, and the Australian Capital Territory, will be based.
(b) Secondly, the establishment by the Parties to this Agreement of a Ministerial Council and an Interim Body with functions and powers set out herein.
(c) Thirdly, the enactment by the Commonwealth Parliament of legislation which establishes a National Road Transport Commission and describes its powers and functions.
(d) Fourthly, the making by the Appropriate Authority of Commonwealth Road Transport Legislation and its coming into force.
(e) Fifthly, the passage by the Participating Parties, other than the Commonwealth, through their respective Parliaments, of legislation which will provide that, when the last mentioned legislation is made by the Appropriate Authority and comes into force, the then existing road transport legislation of those Participating Parties is repealed, amended or modified so as to avoid any conflict with that Commonwealth legislation and in its place there is on the same date for all Participating Parties (being the date on which the Commonwealth Road Transport Legislation comes into force) applied the legislation referred to in Recital G(d) and there is conferred on the National Commission in relation to each Participating Party the functions and powers conferred on it by the Commonwealth legislation referred to in Recital G(c).
(f) Thereafter, the review of the Commonwealth Act and Commonwealth Road Transport Legislation and re‑enactment of that Act and Legislation in a modified form, as provided for in this Agreement.
NOW IT IS AGREED by the parties as follows:
(a)
“Australian Capital Territory” means, save where a geographic meaning is intended, the body politic established by the Australian Capital Territory (Self‑Government) Act 1988;
(b)
“Commonwealth” means the Commonwealth of Australia as a Party to this Agreement;(c)
“Northern Territory” means, save in sub‑clause 4(1), the Northern Territory of Australia while a Party to this Agreement; and(d)
“State” means, save in sub‑clause 4(1) a State of the Commonwealth of Australia that is at the relevant time a Party to this Agreement.
(a) standards and other regulatory measures whether or not those measures are introduced as innovations on a trial basis;
(b) enforcement levels above a national minimum standard;
(c) the level of penalties above a national minimum; or
(d) Road Charges;
(a) legislation proposed hereunder other than regulations, the Commonwealth Parliament;
(b) regulations, the Federal Executive Council including the Governor‑General; or
(c) orders or instruments under that legislation, the Commonwealth Minister appointed under sub‑clause 11(1) or his delegate;
(a) those principles endorsed at the Special Premiers’ Conference of July 1991 namely, that collectively Road Charges and Road Use Charges will always be set:
(i) to fully recover distributed road costs while minimising over‑recovery from any vehicle class, thereby achieving full recovery of all road costs;
(ii) adopting a common methodology;
(iii) to determine and collect charges in a way that achieves a reasonable balance between administrative simplicity, efficiency and equity in the charging structure;
(iv) to improve pricing, leading to a better allocation of resources, with investment decisions on equipment and infrastructure being based on more relevant demand signals; and
(v) to minimise the incentive for operators to “shop around” for lower charges and undermine the integrity of the national charging system;
(b) any other principles for Road Charges proposed by the National Commission and not disapproved by the Ministerial Council in relation to Vehicles operating within or across the boundary of a Zone;
“
(a) until otherwise resolved by the Ministerial Council, an annual Access Charge;
(b) a Mass‑distance Charge;
(c) permit fees relating to the use of over‑dimension or overweight Vehicles or Vehicles in higher mass or distance categories; and
(d) so far as constitutionally possible, a fee for payment of travel between zones that reflects full cost recovery and is administratively simple and enforceable,
but does not include a nominal or other administration charge associated with registration of a Vehicle, a Road Use Charge, stamp duties, compulsory third party insurance premiums, injury protection charges, fuel franchise fees, road tolls and, other than to the extent set out in (c) and (d), permit, licence or other fees;
(a) design, construction and use of Vehicles including operating requirements as to drivers’ records, driving hours, and other matters in relation to the drivers of Vehicles;
(b) registration of Vehicles and matters relating thereto including the means by which any registration may be cancelled, suspended or its operation affected;
(c) standards of driver licensing with respect to Vehicles and matters relating thereto including the means by which any licence may be cancelled, suspended or its operation affected;
(d) any provision of a traffic code, directed solely to the use of Vehicles; and
(e) nationally consistent Charging Principles and Road Charges,
but does not include economic regulation of the transport industry, e.g., Part VI of the Transport Act 1983, as amended, of Victoria;
(a) the Commonwealth legislation in relation to Road Transport applying in the Australian Capital Territory and the Jervis Bay Territory; or
(b) the provisions of that Commonwealth legislation applied pursuant to clause 8 by a Participating Party other than the Commonwealth,
in either case extending to Vehicles whilst within the Australian Capital Territory, the Jervis Bay Territory or the territory of such a Participating Party although they emanate from either a State or the Northern Territory that is not a Participating Party;
(a) in relation to a Road Charge:
(i) for a Zone defined in sub‑paragraph (a)(i)(A) of the definition of Zone, the members of the Ministerial Council representing the States there mentioned, the Australian Capital Territory and the Commonwealth; or
(ii) for a Zone defined in sub‑paragraph (a)(i)(B) of the definition of Zone, the members of the Ministerial Council representing the States there mentioned and the Northern Territory; or
(iii) for a Zone replacing another as defined in paragraph (a)(i)(A) or (a)(i)(B), the members of the Ministerial Council whose territory lies wholly or partly within the replacing Zone, but only including the Commonwealth if the territory of the Australian Capital Territory lies within the replacing Zone;
(b) in relation to the replacement of a Zone referred to in paragraph (a)(ii) or (b)(ii) of the definition of Zone, which is proposed, all members of the Ministerial Council;
(c) in relation to any matter not mentioned in paragraph (a) or (b), all members of the Ministerial Council;
(a) in relation to a Road Charge:
(i) until replaced by another Zone or other Zones pursuant to paragraph 20(2)(b),
(A) the area within the States of New South Wales, Victoria, Tasmania and the Australian Capital Territory and the Jervis Bay Territory; or
(B) the area within the States of Queensland, Western Australia and South Australia and the Northern Territory;
(ii) upon either area being replaced by another Zone or other Zones, pursuant to paragraph 20(2)(b), that other Zone or those other Zones in place of the relevant area;
(b) in relation to any other purpose:
(i) until replaced by another Zone or other Zones pursuant to paragraph 20(2)(a), the area within Australia excluding the external territories; or
(ii) upon that area being replaced by other Zones pursuant to paragraph 20(2)(a), those other Zones.
(a) a reference to a Recital is a reference to the relevant Recital of this Agreement;
(b) a reference to a Part is a reference to the relevant Part of this Agreement;
(c) a reference to a clause, sub‑clause or paragraph is a reference to the relevant clause, sub‑clause or paragraph of this Agreement;
(d) words importing the singular shall include the plural and vice versa; and
(e) words importing any gender shall include each of the other genders.
(a) been proposed by the Interim Body;
(b) been submitted to the Ministerial Council for its consideration for at least two months or such lesser period as may be unanimously agreed by the Ministerial Council; and
(c) not been disapproved by the Ministerial Council within that period.
(a) confer on the Ministerial Council such powers as may be appropriately conferred to give effect to its functions under, and in accordance with, this Agreement;
(b) establish the National Commission and make provision for, and in relation to, its members;
(c) confer on the National Commission such functions and powers as will enable it, in conjunction with functions and powers which are conferred on it by the State and Territory Acts, to carry out its functions under, and in accordance with, this Agreement;
(d) make provision for, and in relation to, the staff of the National Commission; and
(e) include provisions relating to the financial management, proceedings, reports and records of the National Commission and for matters that are necessary or incidental to the performance of its functions.
(a) been proposed by the National Commission;
(b) been submitted to the Ministerial Council for its consideration for at least two months or such lesser period as may be agreed unanimously by the Ministerial Council; and
(c) not been disapproved by the Ministerial Council within that period.
(a) in the Australian Capital Territory; and
(b) in the Jervis Bay Territory.
(a) the existing Road Transport legislation of the State or Northern Territory shall be automatically repealed, amended or modified in operation to the extent necessary to avoid any conflict with the Commonwealth Road Transport Legislation and the Commonwealth Act;
(b) the provisions of the Commonwealth Road Transport Legislation, as amended from time to time, are automatically applied as the law of that State or the Northern Territory, as the case may be, in place of the legislation so repealed, amended or modified in operation;
(c) the relevant Minister of each such Party may make Application Orders and Emergency Orders; and
(d) there is conferred on the National Commission and the Ministerial Council in relation to the State or Territory the functions and powers respectively conferred on them by the Commonwealth Act.
(a) has been recommended in relation to the territory of that Participating Party, the Australian Capital Territory or Jervis Bay Territory, as the case may be, by the National Commission; and
(b) has not been disapproved by the Ministerial Council within two months.
(a) any Emergency Order which the National Commission recommends for that Party, the Australian Capital Territory, or Jervis Bay Territory respectively; or
(b) any Application Order which the National Commission recommends for that Party, the Australian Capital Territory, or Jervis Bay Territory respectively and of which the Ministerial Council does not so disapprove.
(a) the National Commission recommends; and
(b) before the end of the period the Ministerial Council does not disapprove,
the matter dealt with by that Order being dealt with in the same manner in the Road Transport Legislation or in relation to a part of Australia in an Application Order, in which case the Emergency Order shall continue in force until the date on which that Legislation or Application Order comes into force.
(a) in the period from the execution of this Agreement until the date of the coming into force of the Commonwealth Road Transport Legislation, each Party to this Agreement; and
(b) after that date, each Participating Party and the Australian Capital Territory,
who shall be a Minister appointed by the Prime Minister, Premier, or Chief Minister, of that Participating Party or the Australian Capital Territory, as the case may be.
(a) consider policy questions relating to the Road Transport Legislation and any recommendations of the National Commission not otherwise mentioned in this clause as to be considered;
(b) refer any question to the National Commission for consideration and report;
(c) consider and approve or disapprove annual or supplemental budgets and programs of the National Commission or the Interim Body in relation to their operations submitted by that Commission or Body;
(d) agree, pursuant to clause 31, the proportion of the budget of the National Commission to be borne by each Participating Party and the Australian Capital Territory;
(e) consider whether to disapprove the text of:
(i) the proposed Commonwealth Act submitted to it by the Interim Body; and
(ii) Road Transport Legislation submitted to it by the National Commission;
(f) consider whether to disapprove the level of Road Charges and the rate of Road Use Charges, recommended by the National Commission for Vehicles operating within or across the boundary of a Zone;
(g) consider whether to disapprove changes to the Charging Principles recommended by the National Commission;
(h) consider whether to disapprove the replacement of a Zone, for purposes other than a Road Charge, with other Zones recommended by the National Commission;
(i) consider whether to approve the replacement of a Zone relating to a Road Charge with another Zone or Zones recommended by the National Commission;
(j) nominate the appointment, or recommend the removal, of members of the National Commission;
(k) approve the form of the financial statements, as specified in clause 33, and the annual report of the National Commission;
(l) approve the uniform reporting and audit regime developed pursuant to sub‑clause 30(4);
(m) oversee the administration by Participating Parties and the Australian Capital Territory of Road Transport Legislation;
(n) approve the guidelines for the preparation of regulatory impact statements produced by the National Commission pursuant to paragraph 20(1)(e);
(o) disapprove Application Orders; and
(p) terminate Emergency Orders.
(a) in the case where the Chairperson is a Voting Member, have a deliberative, but not a casting, vote; and
(b) in all other cases, have no vote.
(a) a matter referred to in paragraphs 6(2)(b), 7(2)(b) and clause 31 where the vote of all Voting Members in favour of the resolution shall cause the resolution to be carried;
(b) a matter referred to in paragraph 12(f) where a vote in favour of the resolution to disapprove the level of Road Charges, of 50% or more of all the Voting Members shall cause the resolution to be carried;
(c) a matter referred to in paragraph 12(g) where the vote of more than one third of the Voting Members in favour of the resolution to disapprove the changes recommended to Charging Principles by the National Commission shall cause the resolution to be carried;
(d) a matter referred to in paragraph 12(i) where a vote, in favour of a resolution to approve replacing a Zone relating to a Road Charge with another Zone or Zones, of three‑quarters or more of all the Voting Members shall cause the resolution to be carried; and
(e) a matter referred to in paragraph 12(j), where the vote of two‑thirds or more of the Voting Members in favour of the resolution to nominate the appointment, or recommend the removal, of members to the National Commission shall cause the resolution to be carried.
(a) there being no person nominated pursuant to sub‑clause 18(1); or
(b) the person nominated pursuant to sub‑clause 18(1) not having been sent, or not having received, a notice of a meeting of the Ministerial Council or not being in attendance at any meeting of the Ministerial Council.
(a) the proposed Road Transport Legislation;
(b) proposed Road Charges, and a Road Use Charge relating to Vehicles operating within or across the boundary of a Zone;
(c) Charging Principles;
(d) uniform reporting and audit regime pursuant to sub‑clause 30(4);
(e) guidelines for the preparation of regulatory impact statements concerning proposed Road Transport Legislation;
(f) one of the options set out in sub‑clause 38(1); and
(g) Application Orders,
and recommending Emergency Orders to the Participating Parties and the Australian Capital Territory.
(a) the replacement of a Zone for any purpose, other than the imposing of a Road Charge, with another Zone or other Zones; and
(b) the replacement of a Zone for the imposition of a Road Charge with another Zone or other Zones,
which:
(c) in the case of any replacement Zone referred to in paragraph (a), if not disapproved by the Ministerial Council within a period of at least two months or any lesser period agreed by the Ministerial Council, shall constitute a Zone for all members of the Ministerial Council whose territory in whole or part lies within that Zone until any further recommendation, not so disapproved is made; or
(d) in the case of any replacement Zone referred to in paragraph (b) if approved by the Ministerial Council within a period of at least two months or any lesser period agreed by the Ministerial Council, shall constitute a Zone for all members of the Ministerial Council whose territory in whole or in part lies within that Zone until any further recommendation, so approved is made.
(a) use PAYGO for determining what expenditure is to be recovered until an improved method of cost recovery becomes available;
(b) use a common methodology, initially based on the model employed by the Inter‑State Commission in its 1990 Report but enhanced with further research currently being undertaken by the Australian Road Research Board;
(c) initially adopt the expenditure allocation template to be endorsed by AUSTROADS in the PAYGO process; and
(d) make use of the Australian Bureau of Statistics Survey on Motor Vehicle Use road task data (with appropriate upgrading) as the source of this data.
(a) use the average of the most recent two years’ actual and the next year’s budgeted expenditure on road construction and maintenance (all indexed), by Commonwealth, State, Territory and local government road authorities; and
(b) exclude road expenditure financed by means such as fuel franchise fees and road tolls where so nominated by a State or Territory.
(a) be a body corporate with the corporate name of the National Road Transport Commission;
(b) consist of three part‑time members who shall be known as members; and
(c) be under the administrative control of the Commonwealth Minister who from time to time has responsibility for the Road Transport Legislation.
23. The funds required for the functioning of the National Commission shall be provided by the Parties in such shares as may be agreed unanimously by the Ministerial Council provided that if, after the commencement of the legislation referred to in sub‑clause 8(1), the Ministerial Council unanimously agrees that the Parties who are not then Participating Parties will not so become within a reasonable time then any of those Parties may, while they continue to fail to so become, cease to provide funds should they wish to so do.
24. The Participating Parties and the Australian Capital Territory shall take all practicable measures to ensure that any increase in the level of the National Commission’s expenditure brought about by an increase in staff or by extension of its functions will result in a combined saving in aggregate of the costs previously incurred by the Participating Parties and the Australian Capital Territory in respect of those functions conferred on the National Commission by Commonwealth legislation of at least twice the amount of that increase incurred by the National Commission.
25. (1) The Commonwealth will not:
(a) submit to the Commonwealth Parliament any Bill to amend the Commonwealth Act; or
(b) cause to be submitted to the Appropriate Authority any proposed legislation which would amend the Light Vehicles Transport Legislation, unless the amendment which will be made by the Bill or by the proposed legislation, as the case may be, has been recommended by the National Commission and, having been submitted to the Ministerial Council for its consideration for at least two months, has not been disapproved within that period by the Ministerial Council.
(2) If any proposed amendment to legislation is not disapproved by the Ministerial Council, the Commonwealth will submit that proposed amendment to the Appropriate Authority and take such steps as are appropriate to secure its enactment or making.
26. A State or the Northern Territory will not submit to its Parliament legislation or take action for the making of regulations;
(a) which will, upon coming into force, conflict with the legislation referred to in clause 8; or
(b) concerning interstate trade or commerce in relation to Light Vehicle Transport without first consulting the National Commission.
27. Each Participating Party, other than the Commonwealth, shall do all that is practicable to ensure that its legislation if any, relating to the review of administrative decisions, review by an Ombudsman, privacy, freedom of information and archives applies to decisions made by the administration of that Participating Party.
28. (1) Should the National Commission resolve that a Participating Party or the Australian Capital Territory is acting contrary to, or failing to otherwise comply with, a provision of this Agreement or there is a failure to pass legislation required to be passed through its Parliament, then it shall inform the relevant member of the Ministerial Council representing that Party of its resolution and of its intention to refer the matter to the Ministerial Council unless the alleged act or failure is remedied or satisfactorily explained.
(2) If the matter is not settled, the National Commission shall inform the member of the Ministerial Council representing such Participating Party that it is referring the matter to the Ministerial Council to determine whether further action should be taken including fixing of a further period within which the matter shall be remedied by the Participating Party.
(3) If the matter is not remedied to the satisfaction of the Ministerial Council within the period referred to in sub‑clause 28(2) then the matter may be referred by the Ministerial Council to the next Premiers’ Conference or equivalent Conference for resolution.
29. (1) Six months before the first or any subsequent expiry of the Commonwealth Act and the Commonwealth Light Vehicle Transport Legislation, the National Commission shall have completed a review of such legislation and have recommended to the Heads of Government of the Participating Parties and the Australian Capital Territory whether the legislation should:
(a) be allowed to expire;
(b) be re‑enacted or re‑made for a further period of six years or a lesser period in its existing form; or
(c) be re‑enacted or re‑made in a modified form.
(2) Those Heads of Government shall make their decision on any recommendation as to either the Commonwealth Act or the Commonwealth Light Vehicle Transport Legislation made to them pursuant to sub‑clause 29(1) by majority vote and if the decision is in relation to paragraphs (b) and (c) of sub‑clause 29(1) take all practicable steps to ensure re‑enactment or re‑making before the expiry of that Legislation.
(3) The Heads of Government may at any time before the expiry of the NRTC Act review the operation of the Light Vehicle Transport Legislation and if they unanimously resolve to terminate that Legislation and this Agreement, do all that is practicable to terminate them.
30. (1) Any State or the Northern Territory, not being a Party to this Agreement, may elect to so become by notice in writing to the other Parties and shall thereafter be bound by the provisions of this Agreement.
(2) Any Party to this Agreement, not being a Participating Party, may so become by the passage or making of legislation of the kind referred to in clause 8.
31. (1) Save to the extent required by sub‑clause (2), this Agreement to extend to any matter the subject of the Motor Vehicle Standards Act 1989, an Act of the Commonwealth Parliament.
(2) No later than the taking of the steps referred to in clause 8 by the Parties, the Commonwealth undertakes to:
(a) take all practicable steps to amend the Motor Vehicle Standards Act 1989 in any respect which the National Commission recommends, being a recommendation not disapproved by a majority of all the persons who are members of the Ministerial Council within two months after that recommendation;
(b) adopt as the standards relating to Light Vehicles those recommended by the National Commission and not disapproved or varied by the majority, and within the period, referred to in paragraph (a); and
(c) develop and enter into a Memorandum of Understanding with the National Commission on the role of the Federal Office of Road Safety.
(3) On all the States and the Northern Territory securing passage of the legislation referred to in clause 8, the Commonwealth will within six months thereafter develop in consultation with the National Commission for approval by the Ministerial Council a way of interlinking the operation of the Commonwealth Light Vehicle Transport Legislation and the Motor Vehicle Standards Act 1989.
32. (1) The Parties agree that:
(a) the word “Participating” in Recitals G(e) and in sub‑clauses 4(2) and 39(1); and
(b) the words “until 30 June 1992 and thereafter by the Participating Parties and the Australian Capital Territory” in Clause 31,
of the Heavy Vehicles Agreement are to be deemed to have never been included in that Agreement.
(2) Clause 35 of the Heavy Vehicles Agreement is amended by deleting all words after “regulations” and adding the following:
“(a) which will, upon coming into force, conflict with the legislation referred to in clause 8; or
(b) concerning interstate trade or commerce in relation to Road Transport without first consulting the National Commission.”
(3) Clause 31 of the Heavy Vehicles Agreement is amended by adding the words “provided that if, after the commencement of the Legislation referred to in sub‑clause 8(1), the Ministerial Council unanimously agrees that the Parties who are not then Participating Parties will not so become within a reasonable time, then any of those Parties may, while they continue to fail to so become, cease to provide funds should they wish to so do”.
IN WITNESS WHEREOF this Agreement has been respectively signed for and on behalf of the Parties as at the day and year first above written.
SIGNED by the Honourable PAUL JOHN KEATING, Prime Minister of the Commonwealth of Australia,
| ü ï ý ï þ | PAUL KEATING |
SIGNED by the Honourable NICHOLAS FRANK GREINER, Premier of the State of New South Wales,
| ü ï ý ï þ | NICK GREINER |
SIGNED by the Honourable JOAN ELIZABETH KIRNER, Premier of the State of Victoria,
| ü ï ý ï þ | JOAN KIRNER |
SIGNED by the Honourable WAYNE KEITH GOSS, Premier of the State of Queensland,
| ü ï ý ï þ | WAYNE GOSS |
SIGNED by the Honourable JOHN CHARLES BANNON, Premier of the State of South Australia,
| ü ï ý ï þ | JOHN BANNON |
SIGNED by the Honourable MARSHALL BRUCE PERRON, Chief Minister of the Northern Territory of Australia, in the presence of—
| ü ï ý ï þ | M. PERRON |
SIGNED by ROSEMARY FOLLETT, Chief Minister of the Australian Capital Territory, in the presence of—
| ü ï ý ï þ | ROSEMARY FOLLETT |
FIRST LIGHT VEHICLES AMENDING AGREEMENT
BETWEEN
THE COMMONWEALTH OF AUSTRALIA
THE STATES
THE NORTHERN TERRITORY OF AUSTRALIA
and
THE AUSTRALIAN CAPITAL TERRITORY
amending
THE LIGHT VEHICLES AGREEMENT
THIS FIRST LIGHT VEHICLES AMENDING AGREEMENT
is made the day of 1998
BETWEEN:
COMMONWEALTH OF AUSTRALIA
STATE OF NEW SOUTH WALES
STATE OF VICTORIA
STATE OF QUEENSLAND
STATE OF WESTERN AUSTRALIA
STATE OF SOUTH AUSTRALIA
STATE OF TASMANIA
NORTHERN TERRITORY OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
RECITALS:
A The parties, other than the Western Australia and Tasmania, entered into an Agreement dated 11 May 1992 known as the Light Vehicles Agreement (“the Principal Agreement”);
B The State of Western Australia acceded to that Agreement on or about the 27 July 1992 so that it became on that date a Party;
C The State of Tasmania acceded to that Agreement on or about the
28 August 1992 so that it became on that date a Party;
D All the initial Parties to the Principal Agreement and the States of Western Australia and Tasmania have unanimously decided to amend the Principal Agreement.
NOW IT IS AGREED as follows:
1. This Agreement shall come into force on the date on which all parties have executed this Agreement.
2. The Principal Agreement is to be amended as follows:
(a) by inserting the words “as amended” after the words “Recital C” in Recital C and adding at the end of that Recital the following:
“Further, the Heads of Government hereby affirm their continuing commitment to cooperatively implement reform of the national road transport regulatory and operating environment through a consultative inclusive arrangement.”;
(b) The following Recitals are added:
“G Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement, entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory, and requiring Australia and New Zealand to pursue a Road Vehicle Cooperation Programme to develop a body of internationally harmonised standards to form the basis for Trans‑Tasman road vehicle standards and to develop consistent conformance assessment and certification requirements, provides that road vehicles certified as meeting Trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.
H Pending implementation of clause 8(1), the Parties wish to progressively apply the substance of the Commonwealth Light Vehicle Transport Legislation as enacted from time to time.
I The Parties are to develop and agree on rules which enable the Australian Defence Force to operate in a manner that is consistent, or, where appropriate, at variance, with the Light Vehicle Transport Legislation.”;
(c) by inserting into clause 2 the following definitions:
“
amended Act ” means theNational Road Transport Commission Act 1991 as amended from time to time;“
Australian Transport Council ” means the Council of Commonwealth, New Zealand, State, Northern Territory of Australia and Australian Capital Territory Ministers established by Ministerial Agreement on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists, when dealing with matters with which this Agreement is concerned, of only one Minister in relation to each member of that Council;“
COAG ” means the Council of Australian Governments;“
First Light Vehicles Amending Agreement ” means the Agreement of that name entered into by the Commonwealth, the States, the Australian Capital Territory and the Northern Territory;“
New Zealand Minister ” means the Minister in the New Zealand Government responsible for TTMRA road vehicle standards;“
the TTMRA road vehicle standards ” means a Trans‑Tasman road vehicle standard, as it relates to Light Vehicles, referred to in Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory;(d) by amending the definition in clause 2 of “Voting Member” by inserting the words “in relation to TTMRA road vehicle standards” after the word “means” and adding the words “but otherwise not including New Zealand” to the end of that definition;
(e) by deleting sub‑clause 7(4);
(f) by inserting as the initial words of clause 8(1) the words “Subject to clauses 8A, 8B and 8C”;
(g) by inserting the following clauses 8A, 8B and 8C:
“8A. Prior to a decision by Heads of Government under clause 8B, each Party, other than the Commonwealth and the Australian Capital Territory, shall progressively apply the substance of the Commonwealth Light Vehicle Transport Legislation as enacted or made from time to time so as to provide a uniform or consistent national operating environment for road transport.
8B. No later than three years after the execution of the First Heavy Vehicles Amending Agreement or such later time as agreed by the Australian Transport Council, the Australian Transport Council will consider and recommend to Heads of Government the preferred means of achieving a nationally uniform or consistent integrated road transport law and Heads of Government shall make their decision by unanimous vote, on the recommendation and any consequential amendments to this Agreement.
8C. Notwithstanding anything to the contrary in clause 8, uniform road transport legislation, as defined in section 41G of the amended Act, is not to apply to persons to the extent that they are exempted from that legislation under sections 41B, 41C or 41D of the amended Act.”
(h) by inserting a new Part IVA as follows:
“PART IVA ‑ MINISTERIAL COUNCIL
8D. On and from the date on which the First Light Vehicles Amending Agreement comes into force:
(a) the Australian Transport Council is to be, and to exercise the functions and powers of, the Ministerial Council for Road Transport which until then had been exercised by the Ministerial Council for Road Transport; and
(b) references in the Light Vehicles Agreement to the expressions “Ministerial Council” or “Ministerial Council established under the Heavy Vehicles Agreement” are to be read as references to the Australian Transport Council; and
(c) that Council is also to consist, in relation to a matter concerning TTMRA road vehicle standards, of the New Zealand Minister.”;
(i) by inserting the following words after the word “Legislation” in paragraph 9(a):
“, and the TTMRA road vehicle standards,”;
(j) by inserting after paragraph 9(a) the following paragraph:
“(aa) recommend to COAG that it agree a TTMRA road vehicle standard;”
and adding to paragraph 9(f) the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A”;
(k) by adding to clause 10 the following sub‑clause:
“(4) Notwithstanding anything to the contrary in this clause, where any meeting is to consider a matter concerning TTMRA road vehicle standards, notice of that meeting such as would be valid under sub‑clause 10(2) is to be given, and if the making of a recommendation to COAG on existing or proposed TTMRA road vehicle standards is to be considered, no vote on that recommendation is to occur unless such notice has been given.”;
(l) by deleting clause 13 and inserting the following clause in its place:
“13. The Ministerial Council will carry a resolution by a simple majority of Voting Members in favour of a resolution except in relation to a matter referred to in:
(a) paragraphs 6(2)(b) and 7(2)(b) and clause 23 where the vote of all Voting Members in favour of the resolution shall cause the resolution to be carried; and
(b) a matter referred to in paragraph 9(aa), where a recommendation shall be considered carried unless it is disapproved within two months, or such lesser period as may be agreed unanimously by the Australian Transport Council, of its being submitted by the National Commission by a vote of a third or more of the Voting Members.”;
(m) by inserting the following words after the word “Association” in sub‑clause 15(1):
“and also, on and after the date on which the First Light Vehicle Amending Agreement comes into force, the Government of Papua New Guinea”;
(n) by inserting the word “each” before the word “be” where it first occurs in sub‑clause 15(1);
(o) by deleting the word “the” where it first appears in sub‑clause 15(2) and inserting in its place the word “either”;
(p) by inserting the words “or only one person” after the word “person” in paragraph 15(3)(a);
(q) by deleting the words “the person” and inserting the words “ any person” in paragraph 15(3)(b);
(r) by inserting in sub‑clause 17(1) immediately after the word “Legislation” where it first appears the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A” and also before the words “and the recommending” in that sub‑clause:
“and facilitating the implementation of road transport reforms approved by the Australian Transport Council.”;
(s) by inserting the following paragraphs after paragraph (a) of sub‑clause 17(1) the following:
“(aa) amendments of the Light Vehicle Transport Legislation;
(ab) road transport reforms;
(ac) recommendations to COAG on TTMRA road vehicle standards;”;
(t) by deleting paragraph 17(1)(c);
(u) by inserting in sub‑clause 17(3) in place of the words “is to develop” the following words:
“, known since the
National Environment Protection Council Act 1994 came into force as the National Environment Protection Council, is to develop”;
(v) by inserting sub‑clause 17(9) as follows:
“(9) The National Commission is to undertake in relation to Light Vehicles the activities for which section 41A of the amended Act provides.”;
(w) by inserting in clause 19 after “Legislation” the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A”;
(x) Sub‑clause 29(1) is amended by:
(a) deleting the words “Six months” and inserting the words “Twelve months”;
(b) deleting the words “and the Commonwealth Light Vehicle Transport Legislation”;
(c) deleting the words “National Commission” and inserting the words “Australian Transport Council”;
(d) deleting the words “such legislation” and inserting the words “the amended Act and the Commonwealth Light Vehicle Transport Legislation”;
(e) deleting the words “the legislation” and inserting the words “the amended Act”; and
(f) adding the words “and whether the Commonwealth Light Vehicle Transport Legislation should be amended”;
(y) by deleting from sub‑clause 29(3) the word “NRTC” and inserting the word “amended”.
3. The Principal Agreement is, save as amended above, confirmed in all other respects.
IN WITNESS WHEREOF this First Light Vehicles Amending Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written.
SIGNED by the
Prime Minister of the )
Commonwealth of Australia, )
in the presence of: )
)
SIGNED by the
Premier of the )
State of New South Wales, in the presence of: )
)
SIGNED by the
Premier of the )
State of Victoria, in the presence of: )
)
SIGNED by the
Premier of the )
State of Queensland, in the presence of: )
)
SIGNED by the
Premier of the )
State of Western Australia, in the presence )
of: )
SIGNED by the
Premier of the )
State of South Australia, in the )
presence of: )
SIGNED by the
Premier of the )
State of Tasmania, in the presence of: )
)
SIGNED by the
Chief Minister of the )
Northern Territory, in the presence of: )
)
SIGNED by the
Chief Minister )
of the Australian Capital )
Territory, in the presence of: )
)
The
For all relevant information pertaining to application, saving or transitional provisions
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
8, 1992 | 15 Jan 1992 | 15 Jan 1992 | ||
149, 1992 | 11 Dec 1992 | 11 Dec 1992 | — | |
152, 1997 | 24 Oct 1997 | Schedule 2 (item 1053): 1 Jan 1998 ( | — | |
158, 1997 | 3 Nov 1997 | 3 Nov 1997 | — | |
82, 1998 | 2 July 1998 | Schedule 1: 2 Jan 1999 | Sch. 1 (items 100–105) | |
146, 1999 | 11 Nov 1999 | Schedule 1 (items 671–674): 5 Dec 1999 ( | — | |
82, 2003 | 6 Sept 2003 | Schedule 1 (item 3): Royal Assent Schedule 1 (item 4) and Schedule 2: [ | Sch. 2 |
(a) TheNational Road Transport Commission Act 1991 was amended by Schedule 2 (item 1053) only of theAudit (Transitional and Miscellaneous) Amendment Act 1997 , subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the
Financial Management and Accountability Act 1997 .
(b) TheNational Road Transport Commission Act 1991 was amended by Schedule 1 only of theNational Road Transport Commission Amendment Act 1998 , section 2 of which provides as follows:
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(c) TheNational Road Transport Commission Act 1991 was amended by Schedule 1 (items671–674) only of the
Public Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(d) Subsection 2(1) (items 4 and 5) of theNational Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Schedule 1, items 4 to 8 | At the same time as section 3 of the | [ |
Schedule 2 | At the same time as section 3 of the | [ |
| |
Provision affected | How affected |
S. 3......................................... | am. No. 149, 1992; No. 82, 1998 |
S. 5......................................... | am. No. 82, 1998 |
Heading to s. 6....................... | am. No. 82, 1998 |
S. 6......................................... | am. No. 149, 1992; No. 158, 1997; No. 82, 1998 |
S. 7......................................... | am. No. 149, 1992; No. 82, 1998 |
S. 8......................................... | am. No. 149, 1992; No. 158, 1997; No. 82, 1998 |
Heading to s. 9....................... | am. No. 82, 1998 |
S. 9......................................... | am. No. 149, 1992; No. 82, 1998 |
S. 10A.................................... | ad. No. 82, 1998 |
Heading to s. 12..................... | am. No. 82, 1998 |
Ss. 12, 13............................... | am. No. 82, 1998 |
Heading to s. 14..................... | am. No. 82, 1998 |
S. 14....................................... | am. No. 82, 1998 |
Heading to s. 15..................... | am. No. 82, 1998 |
S. 15....................................... | am. No. 82, 1998 |
S. 16....................................... | am. No. 149, 1992; No. 82, 1998 |
S. 17....................................... | am. No. 82, 1998 |
Ss. 18, 19............................... | am. No. 149, 1992; No. 82, 1998 |
S. 20....................................... | am. No. 82, 1998 |
S. 21....................................... | am. No. 82, 1998 |
S. 22A.................................... | ad. No. 82, 1998 |
S. 23....................................... | am. No. 82, 1998 |
S. 23A.................................... | ad. No. 82, 1998 |
S. 24....................................... | am. No. 82, 1998 |
S. 25....................................... | am. No. 149, 1992; No. 82, 1998 |
S. 26....................................... | am. No. 82, 1998 |
Ss. 27, 28............................... | am. No. 149, 1992; No. 82, 1998 |
S. 29....................................... | am. No. 146, 1999 |
S. 31....................................... | am. No. 146, 1999 |
S. 33....................................... | am. No. 149, 1992; No. 146, 1999 |
Heading to s. 36..................... | am. No. 82, 1998 |
S. 36....................................... | am. No. 82, 1998 |
S. 39....................................... | am. No. 149, 1992; No. 82, 1998 |
S. 40....................................... | rs. No. 152, 1997 |
am. No. 82, 1998 | |
S. 41....................................... | am. No. 149, 1992 |
rep. No. 152, 1997 | |
Part 6A................................... | ad. No. 82, 1998 |
S. 41A.................................... | ad. No. 82, 1998 |
Part 6B................................... | ad. No. 82, 1998 |
S. 41B–41G............................ | ad. No. 82, 1998 |
S. 42....................................... | am. No. 149, 1992; No. 82, 1998 |
Heading to s. 43..................... | am. No. 82, 1998 |
S. 43....................................... | am. No. 82, 1998 |
Heading to s. 44..................... | am. No. 82, 1998 |
S. 44....................................... | am. No. 149, 1992; No. 82, 1998 |
Heading to s. 46..................... | am. No. 158, 1997; No. 82, 1998 |
rep. No. 82, 2003 | |
S. 46....................................... | am. No. 158, 1997; No. 82, 1998 |
rep. No. 82, 2003 | |
Heading to s. 47..................... | am. No. 158, 1997; No. 82, 1998 |
S. 47....................................... | am. No. 149, 1992; No. 158, 1997; No. 82, 1998 |
Heading to Schedule.............. | rep. No. 149, 1992 |
Heading to Schedule 1........... | ad. No. 149, 1992 |
Schedule 1............................. | am. No. 149, 1992 |
Schedule 1A........................... | ad. No. 82, 1998 |
Schedule 2............................. | ad. No. 149, 1992 |
Schedule 2A........................... | ad. No. 82, 1998 |
National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 (No. 82, 2003)
The following amendment commences on 6 June 2004 unless proclaimed earlier:
Repeal the Act.
As at 15 September 2003 the amendment is not incorporated in this compilation.
National Road Transport Commission Amendment Act 1998 (No. 82, 1998)
100
Transitional—members holding office under the National Road Transport Commission Act 1991 (1) This item applies to a person who held office as a member under the
National Road Transport Commission Act 1991 immediately before the commencement of this item because of a particular instrument of appointment (theoriginal instrument of appointment ), so long as the period specified in the person’s original instrument of appointment ends after the commencement of this item.(2) The person’s appointment terminates immediately before the commencement of this item.
(3) The
National Road Transport Commission Act 1991 has effect as if:
(a) the Governor‑General had, by instrument (the
notional instrument of appointment ), appointed the person to an office of ordinary member under subsection 6(1) of that Act immediately after the commencement of this item; and(b) the period of appointment specified in the notional instrument of appointment were the period:
(i) beginning immediately after the commencement of this item; and
(ii) ending at the end of the period specified in the person’s original instrument of appointment; and
(c) the appointment had been made on the nomination of the Australian Transport Council.
101
Transitional—person holding office as Chairperson under the National Road Transport Commission Act 1991 (1) This item applies to a person who held office as the Chairperson under the
National Road Transport Commission Act 1991 immediately before the commencement of this item because of a particular instrument of appointment (theoriginal instrument of appointment ), so long as the period specified in the person’s original instrument of appointment ends after the commencement of this item.(2) The person’s appointment terminates immediately before the commencement of this item.
(3) The
National Road Transport Commission Act 1991 has effect as if:
(a) the Governor‑General had, by instrument (the
notional instrument of appointment ), appointed the person to the office of Chairperson under subsection 7(1) of that Act immediately after the commencement of this item; and(b) the period of appointment specified in the notional instrument of appointment were the period:
(i) beginning immediately after the commencement of this item; and
(ii) ending at the end of the period specified in the person’s original instrument of appointment; and
(c) the appointment had been made on the nomination of the Australian Transport Council.
102
Transitional—person holding office as Deputy Chairperson under the National Road Transport Commission Act 1991 (1) This item applies to a person who held office as the Deputy Chairperson under the
National Road Transport Commission Act 1991 immediately before the commencement of this item because of a particular instrument of appointment (theoriginal instrument of appointment ), so long as the period specified in the person’s original instrument of appointment ends after the commencement of this item.(2) The person’s appointment terminates immediately before the commencement of this item.
(3) The
National Road Transport Commission Act 1991 has effect as if:
(a) the Governor‑General had, by instrument (the
notional instrument of appointment ), appointed the person to the office of Deputy Chairperson under subsection 7(1) of that Act immediately after the commencement of this item; and(b) the period of appointment specified in the notional instrument of appointment were the period:
(i) beginning immediately after the commencement of this item; and
(ii) ending at the end of the period specified in the person’s original instrument of appointment; and
(c) the appointment had been made on the nomination of the Australian Transport Council.
103
Transitional—appointment of Chief Executive Officer The amendment of subsection 26(1) of the
National Road Transport Commission Act 1991 made by this Schedule applies to appointments made after the commencement of this item.
104
Transitional—evidentiary certificates under section 44 of the National Road Transport Commission Act 1991 Despite the amendments of section 44 of the
National Road Transport Commission Act 1991 made by this Schedule, that section continues to apply, in relation to a certificate issued before the commencement of this item, as if those amendments had not been made.
105
Transitional—acts of Ministerial Council to be attributed to Australian Transport Council (1) This section applies to anything done by, or in relation to, the Ministerial Council under the
National Road Transport Commission Act 1991 before the commencement of this item.(2) The
National Road Transport Commission Act 1991 (other than section 44 of that Act) has effect, on and after the commencement of this item, as if the thing had been done by, or in relation to, the Australian Transport Council.
The following provisions commence on 6 June 2004 unless proclaimed earlier:
On the commencement of sections 3 to 52 of the
National Transport Commission Act 2003 , the assets and liabilities of the National Road Transport Commission become the assets and liabilities of the National Transport Commission.
2
Annual report for the financial year in which this item commenced To avoid doubt, the obligations imposed on the members of the Commission by:
(a) section 9 of the
Commonwealth Authorities and Companies Act 1997 ; and(b) section 38 of the
National Transport Commission Act 2003 ;to prepare an annual report on the Commission for the financial year in which this item commenced extend, in relation to the operations of the National Road Transport Commission, to so much of the financial year as occurred before this item commenced.
After the commencement of this item, references in:
(a) the
Road Transport Reform (Dangerous Goods) Act 1995 ; or(b) the
Road Transport Reform (Heavy Vehicles Registration) Act 1997 ; or(c) the
Road Transport Reform (Vehicles and Traffic) Act 1993 ;to the
National Road Transport Commission Act 1991 are taken to be references to that Act as in force immediately before the commencement of this item.
0
0
0