National Transport Commission (Model Amendments Regulations: Australian Road Rules Package No. 5 Seatbelts) Regulations 2009 (Cth)

National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 5—Seatbelts) Regulations 2009

Select Legislative Instrument No. 242, 2009

made under the

National Transport Commission Act 2003

Compilation No. 1

Compilation date:                              5 March 2016

Includes amendments up to:            F2016L00170

Registered:                                           26 May 2016

About this compilation

This compilation

This is a compilation of the National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 5—Seatbelts) Regulations 2009 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Regulations.................................................................................................... 2

2............ Commencement............................................................................................................ 2

3............ Model legislation—Australian Road Rules.................................................................. 2

4............ Amendments of the National Transport Commission (Road Transport Legislation—Australian Road Rules) Regulations 2006.......................................................................................................... 2

5............ Revocation of the National Transport Commission (Road Transport Legislation—Australian Road Rules) Amendment Regulations 2008 (No. 3).......................................................................... 2

Schedule 1—Amendments                                                                                                 3

Endnotes7

Endnote 1—About the endnotes                                                                                    7

Endnote 2—Abbreviation key                                                                                       8

Endnote 3—Legislation history                                                                                     9

Endnote 4—Amendment history                                                                                  10

1Name of Regulations

These Regulations are the National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 5—Seatbelts) Regulations 2009.

2Commencement

These Regulations commence on the day after they are registered.

3Model legislation—Australian Road Rules

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of amending Regulations, about the rules to be followed by all road users.

Note 1:The model legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).

Note 2:These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.

Note 3:These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.

Note 4:The amendments set out in Schedule 1 were approved by the Australian Transport Council on 29 September 2006.  An earlier version of these amendments was set out in the National Transport Commission (Road Transport Legislation—Australian Road Rules) Amendment Regulations 2008 (No. 2).  Contrary to what was stated in note 5 to regulation 3 of those Regulations, the amendments set out in those Regulations were not approved by the Australian Transport Council.  These Regulations revoke the 2008 Regulations (regulation 5) and set out the amendments concerning seatbelts that were approved by the Council on 29 September 2006.

4Amendments of the National Transport Commission (Road Transport Legislation—Australian Road Rules) Regulations 2006

Schedule 1 amends the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation—Australian Road Rules) Regulations 2006 as if a reference in Schedule 1 to a provision of the Australian Road Rules were a reference to the corresponding provision in that text.

5Revocation of the National Transport Commission (Road Transport Legislation—Australian Road Rules) Amendment Regulations 2008 (No. 3)

The National Transport Commission (Road Transport Legislation—Australian Road Rules) Amendment Regulations 2008 (No. 3) are revoked.

Schedule 1—Amendments

(regulations 3 and 4)

[1]  Rule 265

substitute

265Wearing of seatbelts by passengers 16 years old or older

(1)A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subrule (2) if he or she:

(a)is 16 years old or older; and

(b)is not exempt from wearing a seatbelt under rule 267.

Offence provision.

(2)The passenger:

(a)must occupy a seating position that is fitted with a seatbelt; and

(b)must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and

(c)must wear the seatbelt properly adjusted and fastened.

(3)The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subrule (2), unless the passenger is exempt from wearing a seatbelt under rule 267.

Offence provision.

Note:Bus, motor vehicle, park and taxi are defined in the dictionary.

[2]  Subrules 266(3) and (4), including the note

substitute

(3)If the passenger is under 1 year old, and the motor vehicle has 2 or more rows of seats, he or she must not be in the front row of seats.

(4)If the passenger is at least 1 year old but under 16 years old, and is not exempt from wearing a seatbelt under rule 267:

(a)he or she must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or

(b)he or she:

(i)must occupy a seating position that is fitted with a suitable seatbelt; and

(ii)must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and

(iii)must wear the seatbelt properly adjusted and fastened.

[3]  Paragraph 266(6)(b)

omit

[4]  After subrule 267(1), including the note

insert

(1A)A person in or on a motor vehicle is exempt from wearing a seatbelt if:

(a)the seating position that he or she occupies is not fitted with a seatbelt; and

(b)there is no requirement for that seating position to be fitted with a seatbelt; and

(c)all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subrule (8).

(1B)Subrule (1A) does not apply to a person who is under 1 year old.

(1C)To avoid doubt, subrule (1A) does not authorise a passenger to whom subrule 266(3) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

[5]  Paragraph 267(3)(a)

omit

certificate,

insert

certificate (other than a certificate issued under subrule (3A)),

[6]  After subrule 267(3)

insert

(3A)A person is exempt from wearing a seatbelt if:

(a)he or she (or, if he or she is a passenger in a vehicle, the vehicle’s driver) is carrying a certificate:

(i)that is signed by a medical practitioner; and

(ii)that states that, in the opinion of the medical practitioner, the person should not wear a seatbelt due to the person’s medical condition; and

(iii)that displays a date of issue; and

(iv)that displays an expiry date that is a date not more than 12 months after the date of issue; and

(v)that has not expired; and

(b)he or she is complying with any conditions stated in the certificate; and

(c)there is no other law of this jurisdiction that states that this subrule does not apply in this jurisdiction.

Note:Medical practitioner is defined in sub‑rule (9).

[7]  Subrule 267(4)

omit

subrule (3) from wearing a seatbelt

insert

subrule (3) or (3A)

[8]  After subrule 267(5), including the note

insert

(6)A person is exempt from wearing a seatbelt if he or she is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.

(7)If a truck or bus has a sleeper compartment, a two‑up driver of the truck or bus is exempt from wearing a seatbelt while he or she occupies the sleeper compartment for rest purposes.

Note:Bus and truck are defined in the dictionary.

(8)If a vehicle does not have seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this rule must not occupy a seating position that is fitted with a seatbelt or an approved child restraint if the result would be that a passenger who is not exempt from wearing a seatbelt under this rule would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint.

(9)In this rule:

medical practitioner means a person who is a medical practitioner within the meaning of [the relevant law of this jurisdiction].

two‑up driver means a person accompanying a driver of a truck or bus on a journey, or part of a journey, who has been, is or will be sharing the task of driving the truck or bus during the journey.

[9]  Subrule 268(2), including the note

substitute

(2)A person must not travel in or on a part of a motor vehicle that is a part designed primarily for the carriage of goods unless:

(a)the part is enclosed; and

(b)he or she occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

Offence provision.

Note 1:Enclosed is defined in subrule (7).

Note 2:Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.

[10]  Subrule 268(4B)

omit

if the part is:

insert

unless:

[11]  Paragraphs 268(4B)(a) and (b)

substitute

(a)the part is enclosed; and

(b)the person occupies a seating position that is suitable for the size and weight of the person and that is fitted with a seatbelt.

[12]  Subrule 268(4B), at the foot

insert

Note:Rule 265 deals with the wearing of seatbelts by passengers 16 years old or older, and rule 266 deals with the wearing of seatbelts by passengers under 16 years old.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 5—Seatbelts) Regulations 2009 (SLI No. 242, 2009)	23 Sept 2009 (F2009L03570)	24 Sept 2009 (r 2)
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016	29 Feb 2016 (F2016L00170)	Sch 1 (item 31): 5 Mar 2016 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
r 3.............................................	am F2016L00170