Acts of Parliament assented to - Act No. 35 of 2016

Overview

The Road Safety Remuneration Repeal Act 2016 was assented to by the Governor-General on 19 April 2016, marking the repeal of the Road Safety Remuneration Act 2012 and addressing issues related to road safety remuneration. This legislation was enacted by the Parliament of Australia to streamline and modernise the regulatory framework concerning remuneration for road safety initiatives. The overarching policy objective is to ensure that road safety measures are effectively funded and managed in a manner that is both efficient and responsive to current needs. By repealing the older act, the legislation aims to provide clarity and consolidate the legislative provisions related to road safety remuneration into a more coherent and updated system.

Scope and Application

The Road Safety Remuneration Repeal Act 2016 applies to the repeal of the Road Safety Remuneration Act 2012, which previously provided for the payment of compensation to persons injured in road accidents, particularly those who were not entitled to compensation under any other Commonwealth or state law. The repeal of this Act removes the specific provisions and mechanisms that were previously in place for compensating individuals injured in road accidents under certain circumstances, effectively ceasing the operation of the Road Safety Remuneration Act 2012. The repeal impacts entities and individuals who were previously eligible for compensation under the old Act, and it is applicable across the Commonwealth of Australia, aligning with federal legislative jurisdiction. There are no specific exclusions, exemptions, or thresholds mentioned in the Act itself, but the scope of its application is determined by the previous provisions of the Road Safety Remuneration Act 2012, which have now been nullified. The Act does not extend its application through subordinate instruments but rather stands as a complete repeal of the specified legislation.

Key Provisions

The Road Safety Remuneration Repeal Act 2016 (C2016G00519) is a legislative instrument that effectively repeals the Road Safety Remuneration Act 2012, along with its associated regulations and amendments, with the intent to streamline and update the legal framework governing road safety remuneration. Section 3 of the Act details the repeal of the 2012 Act and states that it will be completely abolished as of the date the 2016 Act receives Royal Assent. This repeal signifies a shift in the way road safety remuneration is managed, likely in response to new policy directions or changing circumstances in road safety management and funding. The Act imposes certain obligations on the parties it governs, particularly in relation to the cessation of the former remuneration schemes and their replacement with new legislative provisions. Section 4 specifies that any ongoing remuneration payments under the repealed 2012 Act must cease and be adjusted according to the new legal provisions that take effect from the date of the repeal. This includes the cessation of any administrative processes that were previously governed by the 2012 Act, ensuring a smooth transition to the new regulatory environment. Furthermore, the Act mandates that any outstanding liabilities or entitlements under the repealed Act must be resolved in accordance with the new legislation or any transitional provisions that may be issued. In terms of consequences for non-compliance, the Act does not explicitly detail specific offences, penalties, or consequences for breach within its primary sections. However, it is reasonable to infer that any failure to adhere to the new provisions or to properly transition from the old remuneration schemes could result in legal or administrative penalties. These might include fines, legal action for non-compliance, or other corrective measures as stipulated by the new legislation that replaces the repealed Act. The exact nature and severity of penalties would typically be detailed in the new regulatory framework that comes into effect post-repeal.