Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 (NSW)

New South Wales

Road Transport (Heavy Vehicles

Registration Charges) Amendment

Act 1997 No 118

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Road Transport (Heavy Vehicles
Registration Charges) Act 1995 No 72	2
4	Amendment of Motor Vehicles Taxation Act 1988
No 111	2

Schedules

1     Amendment of Road Transport (Heavy Vehicles

Registration Charges) Act 1995 3
2	Amendment of Motor Vehicles Taxation Act 1988 7

New South Wales

Road Transport (Heavy Vehicles
Registration Charges) Amendment

Act 1997 NO 118

Act No 118, 1997

An Act to amend the Road Transport (Heavy Vehicles Registration Charges) Act 1995 with respect to the registration charges payable for primary producers’ vehicles; to make corresponding amendments to the Motor Vehicles Taxation Act 1988; and for other purposes. [Assented to 9 December 1997]

Section 1 Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Road Transport (Heavy Vehicles Registration

Charges) Amendment Act 1997.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Amendment of Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72

The Road Transport (Heavy Vehicles Registration Charges) Act
1995 is amended as set out in Schedule 1.

1. Amendment of Motor Vehicles Taxation Act 1988 No 111

   The Motor Vehicles Taxation Act 1988 is amended as set out in
   Schedule 2.

   Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118

Amendment of Road Transport (Heavy Vehicles Registration Charges)	Schedule 1
Act 1995
Schedule 1	Amendment of Road Transport (Heavy Vehicles Registration Charges) Act 1995

(Section 3)

[1]        Section 7 Registration charges

Insert after section 7 (4):

(5)	If the registration charge for a primary producer’s vehicle calculated in accordance with Part 2 of Schedule 1 to this Act for a particular period (the charge under
this Act) exceeds the motor vehicle tax calculated in
accordance with clauses 3 and 6 of Schedule 1 to the
Motor Vehicles Taxation Act 1988 for the same period
(the tax under the 1988 Act), the registration charge payable in respect of the vehicle is not the charge under this Act but the tax under the 1988 Act.
(6)	The effect of
(a) section 3B (1) of the Motor Vehicles Taxation Act

1988, and

(b)	any exemption granted under section 17 of that Act, and
(c)	clause 3 (c) of Schedule 1 to that Act (to the extent to which it excludes motor lorries from the operation of that clause), and
(d)	clause 9 of Schedule l to that Act,

may be ignored for the purpose of calculating the motor

vehicle tax referred to in subsection (5).

(7)	In subsection (5), primary producer’s vehicle has the same meaning as it has in the Motor Vehicles Taxation
Act 1988.

[2]        Section 13 Unregistered vehicles

Insert “(including any charges or additional charges payable under section 20)” after “liable to registration charges” in section 13 (1).

Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118

Schedule 1 Amendment of Road Transport (Heavy Vehicles Registration Charges)
Act 1995

1. Section 13 (1)

   Insert “such” after “but for which”.

2. Section 20 Changes in owners or to vehicles must be notified to Authority

   Insert at the end of section 20 (1):

   Maximum penalty: 100 penalty units.

3. Section 20 (2A)

   Insert after section 20 (2):

(2A)	A person who is required by subsection (1) to notify the Authority of any change in the construction, equipment, configuration, use or ownership of a vehicle must not authorise or permit the use of the vehicle on a public street until the Authority has been so notified.
Maximum penalty: 100 penalty units.

1. Schedule 1 Charges

   Insert “or which, in the opinion of the Authority, has been modified to such an extent that the GVM, GTMR or ATM recorded on its compliance plate is no longer applicable to the vehicle” after “plate” in paragraph (b) of the definition of MRC in clause 1.

2. Schedule 2 Savings and transitional provisions

   Insert “Part 1 Preliminary” before clause 1 .

3. Schedule 2, clause 1 (1)

   Omit the clause. Insert instead:

(1)	The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Road Transport Legislation Amendment Act 1995

Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118

Amendment of Road Transport (Heavy Vehicles Registration Charges)	Schedule 1
Act 1995

Schedule 2, clause 1 (1)

Insert at the end of the clause:

Road Transport (Heavy Vehicles Registration Charges)

Amendment Act 1997

Schedule 2, clause l (2)

Omit “this Act”. Insert instead “the Act concerned”.

Schedule 2, Part 2 heading

Insert “Part 2 Provisions consequent on enactment of this Act and Road Transport Legislation Amendment Act 1995” before clause 2.

Insert after clause 5:

Schedule 2, Part 3

Part 3 Provisions consequent on enactment of
Road Transport (Heavy Vehicles Registration
Charges) Amendment Act 1997

6 Validation of certain administrative action

(1)	The following directions are taken to have been validly
given:
(a) the direction given on 21 June 1996 by the Minister for Roads to the Chief Executive of the Roads and Traffic Authority with respect to the administration of the Road Transport (Heavy

Vehicles Registration Charges) Act 1995 and the

Motor Vehicles Taxation Act 1988,

(b)	the direction given on 1 July 1996 by the Minister for Roads to the Chief Executive of the Roads and Traffic Authority with respect to the administration of the Road Transport (Heavy
Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988,

Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118

Schedule 1 Amendment of Road Transport (Heavy Vehicles Registration Charges)
Act 1995

(c) the direction given on 10 October 1996 by the Minister for Roads to the Chief Executive of the Roads and Traffic Authority with respect to the administration of the Road Transport (Heavy

Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988, subject to the

modification that the references to 30 June 1997 in clause 7 (as inserted by that direction into the direction referred to in paragraph (a)) are taken to be references to the date of commencement of this clause.

Anything done or omitted to be done before the commencement of this clause in the administration or execution of the provisions of the Road Transport

(Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 is taken to have been

done or omitted to be done in accordance with those provisions if it was done or omitted to be done in accordance with a direction referred to in subclause (1).

purposes of the provisions of the Road Transport (Heavy

or paid before the commencement of this clause for the In particular, any registration charge calculated, imposed

Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988 is taken to have been

calculated, imposed or paid in accordance with those provisions if it was calculated, imposed or paid in accordance with a direction referred to in subclause (1).

Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997 No 118

Amendment of Motor Vehicles Taxation Act 1988	Schedule 2
Schedule 2	Amendment of Motor Vehicles Taxation Act 1988

(Section 4)

Section 9 Unregistered vehicles and vehicles upon which tax has not been paid

Insert “(including any tax or additional tax payable under section

12)” after “liable to tax” in section 9 (1).

Section 9 (1)

Insert “such” after “but on which”.

Schedule 1 Motor vehicle tax on registration or renewal of registration during the calendar year 1996

Omit “and” from clause 9 (a).

Omit the paragraph.

Schedule 1, clause 9 (b)

[Minister’s second reading speech made in—

Legislative Assembly on 19 November 1997
Legislative Council on 27 November 1997]