Road Transport Charges (Northern Territory) Act 1995 (NT)
NORTHERN TERRITORY OF AUSTRALIA
ROAD TRANSPORT CHARGES (NORTHERN TERRITORY) ACT 1995
As in force at 1 July 1996
TABLE OF PROVISIONS
Section
PART 1 – PRELIMINARY
1. Short title
2. Commencement
3. Purpose
4. Interpretation
5. Binding the Crown
6. Act to cease to be in force
PART 2 – APPLICATION OF ROAD TRANSPORT CHARGES LAWS IN THIS JURISDICTION
7.Application of provisions of Road Transport Charges Act in this jurisdiction
8.Application of Road Transport Charges Regulations in this jurisdiction
9. Application of Commonwealth Acts Interpretation Act
10. Interpretation Act to apply
PART 3 – CONSEQUENTIAL AND TRANSITIONAL PROVISIONS RELATING TO EXISTING LEGISLATION
11.Road Transport Charges Laws of the Territory to prevail over existing laws
12. Transitional regulations
13.Conferral of functions and powers on National Road Transport Commission
14.Conferral of other functions and powers on National Road Transport Commission for purposes of corresponding law in this jurisdiction
15. Conferral of functions and powers on Ministerial Council
16.Conferral of other functions and power on Ministerial Council for purposes of corresponding law in this jurisdiction
PART 4 – MISCELLANEOUS
17. Delegation
18. Charges (including taxes)
19. Regulations
Notes
NORTHERN TERRITORY OF AUSTRALIA
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This reprint shows the Act as in force at 1 July 1996. Any amendments that may come into operation after that date are not included.
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ROAD TRANSPORT CHARGES (NORTHERN TERRITORY) ACT 1995
An Act to apply certain laws of the Commonwealth, as envisaged by the agreements scheduled to the National Road Transport Commission Act 1991 of the Commonwealth, relating to road transport charges as laws of the Territory, and for other purposes
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Road Transport Charges (Northern Territory) Act 1995. (See back note 1)
Commencement
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
Purpose
(1) This Act forms part of a scheme to create uniform or consistent national road transport legislation, as envisaged by the agreements scheduled to the National Road Transport Commission Act 1991 of the Commonwealth.
(2) The scheme is designed to –
(a)improve the safety and efficiency of transport on roads and on other areas that are open to or used by the public; and
(b)reduce the costs of the administration of that transport.
(3) The purpose of this Act is to apply as law in this jurisdiction the Road Transport Charges Act and regulations made under that Act.
Interpretation
(1) In this Act, unless the contrary intention appears –
"existing law" means a law as in force on the commencement of this Act;
"jurisdiction" means a State or a participating Territory;
"National Road Transport Commission" means the body of that name established by the National Road Transport Commission Act 1991 of the Commonwealth;
"participating Territory" means the Australian Capital Territory or the Jervis Bay Territory;
"Road Transport Charges Act" means the Road Transport Charges (Australian Capital Territory) Act 1993 of the Commonwealth;
"Road Transport Charges Laws of the Territory" means the Road Transport Charges Act as applying in this jurisdiction and the Road Transport Charges Regulations of the Territory;
"Road Transport Charges Regulations of the Territory" means the regulations in force for the time being under the Road Transport Charges Act as applying in this jurisdiction;
"this jurisdiction" means the Territory.
(2) Subject to subsection (3), in this Act a reference to an Act of the Commonwealth includes a reference to –
(a) the Act as amended and in force from time to time; and
(b) an Act enacted in substitution for that Act.
(3) An amendment to an Act of the Commonwealth or an Act enacted in substitution for such an Act shall be taken to be in force if the Administrator certifies, by notice in the Gazette, that, as at the date of the certificate or a later date, the amendment or the substituted Act is in force.
Binding the Crown
(1) This Act and the Road Transport Charges Laws of the Territory bind the Crown in right of this jurisdiction and the Crown in right of the Commonwealth and, so far as the legislative power of the Legislative Assembly permits, the Crown in all of its other capacities.
(2) An Act of another jurisdiction that corresponds to this Act, and the Road Transport Charges Laws of the other jurisdiction, bind the Crown in right of this jurisdiction.
Act to cease to be in force
(1) This Act ceases to be in force when the National Road Transport Commission Act 1991 of the Commonwealth ceases to be in force.
(2) Even if this Act ceases to be in force under subsection (1), the Road Transport Charges Regulations of the Territory continue in force as if they were laws made by the Legislative Assembly, and those laws may be amended or repealed by the Legislative Assembly.
PART 2 – APPLICATION OF ROAD TRANSPORT CHARGES LAWS IN THIS JURISDICTION
Application of provisions of Road Transport Charges Act in this jurisdiction
(1) The Road Transport Charges Act as in force from time to time applies as a law of this jurisdiction.
(2) In its application to this jurisdiction, a reference in the Road Transport Charges Act to the Government of the Australian Capital Territory is taken to be a reference to the Government of this jurisdiction.
Application of Road Transport Charges Regulations in this jurisdiction
(1) The regulations as in force from time to time under the Road Transport Charges Act –
(a)apply as regulations in force for the purposes of the Road Transport Charges Laws of the Territory; and
(b)as so applying, may be referred to as the Road Transport Charges Regulations of the Territory.
(2) Regulations are taken to be in force under the Road Transport Charges Act if the Administrator certifies, by notice in the Gazette, that, as at the date of the certificate or a later date, the regulations are in force.
(3) Notwithstanding subsection (2), a regulation referred to in that subsection is not taken to be in force if it ceases to be in force under the Road Transport Charges Act.
Application of Commonwealth Acts Interpretation Act
The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Act and the Road Transport Charges Laws of the Territory and any instrument made, granted or issued under those laws, except that –
(a)"Government Gazette" is to be taken to refer to the Government Gazette of this jurisdiction; and
(b)"Minister" is to be taken to refer to the Minister of this jurisdiction administering this Act.
Interpretation Act to apply
Notwithstanding section 9, the Interpretation Act applies to this Act and the Road Transport Charges Laws of the Territory and any instrument made, granted or issued under those laws, except to the extent of any inconsistency with the Acts Interpretation Act 1901 of the Commonwealth.
PART 3 – CONSEQUENTIAL AND TRANSITIONAL PROVISIONS RELATING TO EXISTING LEGISLATION
Road Transport Charges Laws of the Territory to prevail over existing laws
(1) The object of this section is to ensure that the Road Transport Charges Laws of this Territory supersede existing laws of this jurisdiction which relate to matters dealt with by the Road Transport Charges Laws.
(2) Subject to section 12, if an existing law of this jurisdiction is inconsistent with a provision of the Road Transport Charges Laws of the Territory, the provision of the Road Transport Charges Laws prevails and, to the extent of the inconsistency, the inconsistent provision of this jurisdiction does not operate.
(3) To the extent that a provision of a law of this jurisdiction ceases to operate because of this section, the provision is taken, for the purposes of the Interpretation Act, to have been repealed by this Act.
Transitional regulations
(1) The Administrator may make regulations modifying or suspending the operation of existing laws of this jurisdiction that are, or would otherwise be, inconsistent with, or for which provision is made under, the Road Transport Charges Laws of the Territory.
(2) Regulations made under subsection (1) cease to be in force 12 months after their commencement or after such shorter or longer period as the Regulations specify.
(3) The Administrator may make regulations containing provisions of a savings or transitional nature consequent on the application of any provision of the Road Transport Charges Laws as a law of this jurisdiction.
(4) A provision referred to in subsection (3) may, if the regulations so provide, take effect from the commencement of this Act.
(5) To the extent to which a provision referred to in subsection (3) takes effect from a date that is earlier than the date the regulation comes into force, the provision does not operate so as –
(a)to effect, in a manner prejudicial to any person (other than the Territory or an authority of the Territory), the rights of that person existing before the date of its commencement; or
(b)to impose liabilities on any person (other than the Territory or an authority of the Territory) in respect of anything done or omitted to be done before the date of its commencement.
Conferral of functions and powers on National Road Transport Commission
(1) The National Road Transport Commission has the functions and powers conferred or expressed to be conferred on it by or under this Act or the Road Transport Charges Laws of the Territory.
(2) In addition to the powers referred to in subsection (1), the Commission has power to do all things necessary or convenient to be done in connection with the performance of the functions referred to in subsection (1).
Conferral of other functions and powers on National Road Transport Commission for purposes of corresponding law in this jurisdiction
The National Road Transport Commission has power to do acts in this jurisdiction in the performance or exercise of a function or power expressed to be conferred on it by a law of another jurisdiction that corresponds to this Act or the Road Transport Charges Laws of the Territory.
Conferral of functions and powers on Ministerial Council
(1) The Ministerial Council for Road Transport has the functions and powers conferred or expressed to be conferred on it by or under this Act or the Road Transport Charges Laws of the Territory.
(2) In addition to the powers referred to in subsection (1), the Ministerial Council has power to do all things necessary or convenient to be done in connection with the performance of the functions referred to in subsection (1).
Conferral of other functions and power on Ministerial Council for purposes of corresponding law in this jurisdiction
The Ministerial Council for Road Transport has power to do acts in this jurisdiction in the performance or exercise of a function or power expressed to be conferred on it by a law of another jurisdiction that corresponds to this Act or the Road Transport Charges Laws of the Territory.
PART 4 – MISCELLANEOUS
Delegation
(1) The Minister may, in writing, delegate to a person any of his or her powers or functions under this Act or the Road Transport Charges Laws of the Territory.
(2) Subject to the directions of the Minister, a person to whom a power or function under subsection (1) has been delegated may, in writing, delegate the power to another person.
(3) A delegation under this section may be to a person from time to time holding, acting in or performing the duties of an office, designation or position.
(4) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister or the delegate of the Minister, as the case may be.
Charges (including taxes)
This section imposes the charges (including charges that are taxes) that the Road Transport Charges Laws of the Territory prescribe.
Regulations
The Administrator may make regulations, not inconsistent with this Act, prescribing 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.
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Notes
The Road Transport Charges (Northern Territory) Act comprises the Road Transport Charges (Northern Territory) Act 1995 and amendments made by other legislation, the details of which are specified in the following table:
| Act | Number and year | Date of assent by Administrator | Date of commencement |
| Road Transport Charges (Northern Territory) Act 1995 | No. 24, 1995 | 26 June 1995 | 1 July 1996 |
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0
0
0