National Transport Commission (Road Transport Legislation – Road Transport Charges Regulations) Amendment Regulations 2006 (No. 1) (Cth)

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National Transport Commission (Road Transport Legislation — Road Transport Charges Regulations) Amendment Regulations 2006 (No. 1)1

Select Legislative Instrument 2006 No. 33

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.

Dated 15 February 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JAMES ERIC LLOYD

Minister for Local Government, Territories and Roads

1Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Road Transport Charges Regulations) Amendment Regulations 2006 (No. 1).

2Commencement

These Regulations commence on the day after they are registered.

3Road transport legislation — road transport charges

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedules 1 and 2 set out road transport legislation, in the form of amending Regulations, about road transport charges.

Note 1 The road transport legislation set out in Schedules 1 and 2 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 the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.

Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.

Note 5 The text set out in Schedule 1 is that of the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1) (Statutory Rules No. 88 of 2000). Those Regulations were approved in draft form by the Australian Transport Council on 21 January 2000, were made on 25 May 2000, and their making was notified in the Commonwealth of Australia Gazette on 1 June 2000.

Note 6 The text set out in Schedule 2 is that of the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2001 (No. 1) (Statutory Rules No. 213 of 2001). Those Regulations were approved in draft form by the Australian Transport Council on 6 September 2001, were made on 16 August 2001, and their making was notified in the Commonwealth of Australia Gazette on 17 August 2001.

4Amendment of National Transport Commission (Road Transport Legislation — Road Transport Charges Regulations) Regulations 2006

  1. (1)

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

(2)

Schedule 2 amends that text, as so amended, as if a reference in the Schedule to a provision of the Road Transport Charges (Australian Capital Territory) Regulations 1995 were a reference to the corresponding provision in that text.

Note Item 1 of Schedule 1 to the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1) substitutes a new citation, ‘Road Transport Charges (Australian Capital Territory) Regulations 1995’, for “Road Transport Charges (Australian Capital Territory) Regulations”.

Schedule 1Text of the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1)

(regulation 3 and subregulation 4 (1))

1Name of Regulations

These Regulations are the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1).

2Commencement

These Regulations commence as follows:

  1. (a)

    on gazettal — regulations 1 to 3 and Schedule 1;

  2. (b)

    on the commencement of the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 — Schedule 2.

3Amendment of Road Transport Charges (Australian Capital Territory) Regulations

Schedules 1 and 2 amend the Road Transport Charges (Australian Capital Territory) Regulations.

Schedule 1Amendment commencing on gazettal

(regulation 3)

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Road Transport Charges (Australian Capital Territory) Regulations 1995.

Schedule 2Amendments commencing on the commencement of the Road Transport Charges (Australian Capital Territory) Amendment Act 2000

(regulation 3)

[1]After regulation 2

insert

2AVehicles declared not to be special purpose vehicles

For paragraph (a) of the definition of special purpose vehicle in Part 1 of the Schedule to the Act, each of the following vehicles is declared not to be a special purpose vehicle:

  1. (a)

    a caravan;

  2. (b)

    a mobile home;

  3. (c)

    a mobile library;

  4. (d)

    a mobile workshop;

  5. (e)

    a mobile laboratory;

  6. (f)

    a mobile billboard.

2BVehicles declared to be special purpose vehicles

For paragraph (b) of the definition of special purpose vehicle in Part 1 of the Schedule to the Act, each of the following vehicles is declared to be a special purpose vehicle:

  1. (a)

    a forklift;

  2. (b)

    a straddle carrier;

  3. (c)

    a mobile cherry picker;

  4. (d)

    a mobile crane.

[2]Regulation 3

omit

“special purpose vehicle (type 1)” and “special purpose vehicle (type 2)”

insert

special purpose vehicle (type o) and special purpose vehicle (type t)

Schedule 2Text of the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2001 (No. 1)

(regulation 3 and subregulation 4 (2))

1Name of Regulations

These Regulations are the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2001 (No. 1).

2Commencement

These Regulations commence on 1 October 2001.

3Amendment of Road Transport Charges (Australian Capital Territory) Regulations 1995

Schedule 1 amends the Road Transport Charges (Australian Capital Territory) Regulations 1995.

Schedule 1Amendments

(regulation 3)

[1]After regulation 2

insert

2AAAlteration of amounts specified in the Schedule to the Act

For section 4 of the Act, the annual registration charges specified under headings 1, 2, 3 and 4 of Part 2 of the Schedule to the Act are altered so as to be as set out in Schedule 1 to these Regulations.

[2]Regulation 3

omit

the Schedule to these Regulations

insert

Schedule 2 to these Regulations

[3]Subregulations 4 (2) and (3)

omit each reference to

the Schedule

insert

Schedule 2

[4]After regulation 4

insert

Schedule 1Annual registration charges

(regulation 2AA)

Note Under section 4 of the Act, the regulations may alter the amounts specified in the Schedule to the Act in relation to a year, but any alteration in relation to a year must not increase or decrease the amounts applicable to the previous year by more than 5%. The alterations made by regulation 2AA and this Schedule increase the amounts specified in Part 2 of the Schedule to the Act by 3.3%, taken to the nearest dollar.

1 Load carrying vehicles

Item

Vehicle type

2-axle

3-axle

4-axle

5-axle

1

Truck (type 1)

$310

$620

$930

$930

2

Truck (type 2)

$516

$826

$2 066

$2 066

3

Short combination truck

$568

$2 066

$2 066

$2 066

4

Medium combination truck

$3 925

$3 925

$4 235

$4 235

5

Long combination truck

$5 423

$5 423

$5 423

$5 423

6

Short combination prime mover

$1 343

$3 512

$4 545

$4 545

7

Medium combination prime mover

$4 132

$5 165

$5 681

$5 681

8

Long combination prime mover

$5 165

$5 165

$5 681

$5 681

2Load carrying trailer, converter dolly and low loader dolly

The amount of the charge applicable to a load carrying trailer, a converter dolly or a low loader dolly is worked out using the formula:

3Buses

Item

Bus type

2-axle

3-axle

4-axle

1

Bus (type 1)

$310

2

Bus (type 2)

$516

$1 291

$1 291

3

Articulated bus

$516

$516

4Special purpose vehicles

Item

Special purpose vehicle type

Charge

1

Special purpose vehicle (type p)

No charge

2

Special purpose vehicle (type t)

$207

3

Special purpose vehicle (type o)

The amount calculated using the formula:

Note Part 2 of the Schedule to the Act provides (under heading 5) that, if a vehicle falls within 2 or more of the specified categories, the charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

[5]Schedule, heading

substitute

Schedule 2Axle loads

(regulations 3 and 4)

Note

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

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