National Transport Commission (Road Transport Legislation Compliance and Enforcement Regulations) Regulations 2006 (Cth)
National Transport Commission (Road Transport Legislation—Compliance and Enforcement Regulations) Regulations 2006
Select Legislative Instrument No. 315, 2006
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 (Road Transport Legislation—Compliance and Enforcement Regulations) Regulations 2006 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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.......................................................................... 1
2............ Commencement.................................................................................. 1
3............ Road transport legislation—compliance and enforcement................ 1
Schedule 1—Text of the draft Road Transport Reform (Compliance and Enforcement) Regulations 2006 2
Endnotes6
Endnote 1—About the endnotes 6
Endnote 2—Abbreviation key 7
Endnote 3—Legislation history 8
Endnote 4—Amendment history 9
1Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Compliance and Enforcement Regulations) Regulations 2006.
2Commencement
These Regulations commence on the day after they are registered.
3Road transport legislation—compliance and enforcement
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of Regulations, about compliance with, and enforcement of, road law.
Note 1:The road transport 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 must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3:These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4:These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5:The text set out in Schedule 1 is that of draft Regulations approved by the Australian Transport Council on 23 December 2005 (but never actually made).
Schedule 1—Text of the draft Road Transport Reform (Compliance and Enforcement) Regulations 2006
(regulation 3)
Contents
1............ Name of Regulations.......................................................................... 3
2............ Commencement.................................................................................. 3
3............ Definitions.......................................................................................... 3
4............ Approved road transport compliance schemes................................... 3
5............ Corresponding laws............................................................................ 3
6............ Corresponding provisions of the road laws of other jurisdictions...... 3
7............ Statutory declarations by registered operators................................... 4
8............ Mutual recognition of effect of certain administrative actions of authorities of other jurisdictions........................................................................................ 5
9............ Mutual recognition of effect of court orders of other jurisdictions.... 5
1 Name of Regulations
These Regulations are the Road Transport Reform (Compliance and Enforcement) Regulations 2006.
2 Commencement
These Regulations commence on …
Drafting note: For each jurisdiction implementing these Regulations, a day of commencement will be appointed in accordance with the rules of the jurisdiction that relate to the commencement of regulations.
3 Definitions
In these Regulations:
Act means the Road Transport Reform (Compliance and Enforcement) Act 2003.
4 Approved road transport compliance schemes
For the definition of approved road transport compliance scheme in subsection 6(1) of the Act, the National Heavy Vehicle Accreditation Scheme approved in November 1997 (including any changes to that Scheme approved from time to time) is an approved road transport compliance scheme.
Drafting note: The Regulations of each State and Territory should prescribe for the definition of approved road transport compliance scheme any road transport compliance scheme that is in operation in the jurisdiction.
5 Corresponding laws
For paragraph (b) of the definition of corresponding law in subsection 6(1) of the Act, the following laws are declared to be corresponding laws:
(a)
(b) …
Drafting note: The Regulations of each jurisdiction may declare, in this provision, any law of another jurisdiction to be a corresponding law.
6 Corresponding provisions of the road laws of other jurisdictions
(1) For subsection 132(7) of the Act, a court may treat an offence provision of a road law of another jurisdiction as a corresponding provision of an offence provision mentioned in Column 1 of Schedule 2 to the Act if:
(a) the first‑mentioned offence provision relates to mass, dimension or load restraint requirements; and
(b) the court is satisfied that:
(i) conduct that contravenes the first‑mentioned offence provision would, if it occurred within this jurisdiction, contravene the offence provision mentioned in Schedule 2; or
(ii) conduct that contravenes the first‑mentioned offence provision is sufficiently similar to conduct that contravenes the offence provision mentioned in Schedule 2 that it is just to treat the first‑mentioned offence provision as a corresponding provision of the offence provision mentioned in Schedule 2.
(2) For subregulation (1), it is immaterial, for the purpose of determining whether a provision of a road law corresponds to a provision mentioned in Column 1 of Schedule 2, that:
(a) strict liability or absolute liability applies to some or all of the physical elements of the offence created by 1 provision but not to any elements or the same elements of the offence created by the other provision; or
(b) either of the provisions has been repealed.
7 Statutory declarations by registered operators
(1) For subsection 150(4) of the Act:
(a) the prescribed period is 14 days after the registered operator concerned is served with an infringement notice in relation to the offence, or is otherwise notified of the commission of the offence; and
(b) the prescribed manner is that the declaration is made by:
(i) if the registered operator is not a body corporate—by the registered operator, or one of the registered operators; or
(ii) if the registered operator is a body corporate—by a director or secretary of the registered operator; and
(c) the prescribed information is the information mentioned in subregulation (2) or (3), as the case requires.
(2) If the registered operator is not a body corporate, the information is:
(a) a statement that the declaration is made for subsection 150(4) of the Act; and
(b) a statement that he or she was not the operator of the vehicle or combination at the time of the offence; and
(c) the name and address of the operator of the vehicle or combination at that time.
(3) If the registered owner is a body corporate, the information is:
(a) a statement that the declaration is made for subsection 150(4) of the Act; and
(b) a statement that the vehicle or combination was not being used by, or for, the body corporate at the time of the offence; and
(c) the name and address of the operator of the vehicle or combination at that time.
(4) A statutory declaration that complies with this section is admissible in any proceedings as evidence of the matters stated in it.
(5) In this regulation:
statutory declaration means a statutory declaration made under the Statutory Declarations Act 1959.
8 Mutual recognition of effect of certain administrative actions of authorities of other jurisdictions
For subsection 175(4) of the Act, the kinds of administrative actions to which section 175 of the Act applies are:
(a) an administrative action taken under Division 1 of Part 5 of the Act (Improvement notices); and
(b) an administrative action taken under Division 2 of that Part (Formal warnings); and
(c) an administrative action taken under Division 3 of that Part (Infringement notices).
Drafting note: The Regulations of each State and Territory jurisdiction should prescribe relevant kinds of administrative actions taken under the laws of the jurisdiction.
9 Mutual recognition of effect of court orders of other jurisdictions
For subsection 176(4) of the Act, the kinds of orders to which section 176 of the Act applies are:
(a) an order made under Division 3 of Part 6 of the Act (Fines); and
(b) an order made under Division 4 of that Part (Commercial benefits penalty orders); and
(c) an order made under Division 5 of that Part (Licensing and registration sanctions); and
(d) an order made under Division 6 of that Part (Supervisory intervention orders); and
(e) an order made under Division 7 of that Part (Prohibition orders).
Drafting note: The Regulations of each State and Territory jurisdiction should prescribe relevant kinds of court orders made under the laws of the jurisdiction.
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 (Road Transport Legislation—Compliance and Enforcement Regulations) Regulations 2006 (SLI No. 315, 2006) | 5 Dec 2006 (F2006L03888) | 6 Dec 2006 (r 2) | |
| Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 47): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 3............................................. | am F2016L00170 |
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0
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