EXPLANATORY STATEMENT
Issued by the authority of the Administrator of the Cocos (Keeling) Islands
Cocos (Keeling) Islands Act 1955
Cocos (Keeling) Islands Utilities and Services Ordinance 2016
Cocos (Keeling) Islands Utilities and Services (Vehicle Examination Fees) Amendment (2022 Measures No. 1) Determination 2022
Authority
Section 6 of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016 (the Ordinance) authorises the Administrator of the Territory of the Cocos (Keeling) Islands to make provision for the supply and use of utilities and services about, amongst other things, vehicle examinations on the Cocos (Keeling) Islands. Section 7 of the Ordinance provides that the Administrator may impose a fee for the provision of such utilities and services.
Purpose and Operation
The Cocos (Keeling) Islands Utilities and Services (Vehicle Examination Fees) Amendment (2022 Measures No. 1) Determination 2022 amends the Cocos (Keeling) Islands Utilities and Services (Vehicle Examination Fees) Determination 2019 (the Principal Determination).
Vehicle examinations are not specifically mentioned as a “utility or service” in the Ordinance. However the ordinary meaning of “utilities or services” is taken to include vehicle examinations.
Cocos (Keeling) Islands is not listed as a regional area for the purpose of fees for vehicle examinations in the Road Traffic (Vehicles) Regulations 2014 (WA)(CI). Fees specified in the regulations for vehicle examinations in non-regional areas apply. The purpose of this Determination is to amend vehicle examination fees that apply for motor vehicle licensing and registration on the Cocos (Keeling) Islands.
The vehicle examination fees that these fees relate to are actually “examinations” of the sort referred to in Division 8 of Part 2 of the Road Traffic (Vehicles) Regulations 2014 (WA)(CKI).
The Department of Infrastructure, Transport, Regional Development, Communications and the Arts is working towards the establishment of an Authorised Inspection Service on the Cocos (Keeling) Islands. The Authorised Inspection Service will conduct vehicle examinations. Once established, vehicle examination fees will become payable to the Shire of Cocos (Keeling) Islands. The Shire of Cocos (Keeling) Islands is engaged by the Western Australian (WA) Department of Transport to provide motor vehicle registry services on behalf of the Australian Government in the Cocos (Keeling) Islands.
Impact and effect
The Determination does not create any additional regulatory impacts for vehicle owners.
The Determination amends vehicle examination fees currently set for the Cocos (Keeling) Islands.
The Determination brings the vehicle examination fees into alignment with the WA Department of Transport’s Kimberley region.
The fees for vehicle examination services on Cocos (Keeling) Islands displace any fees that otherwise apply under an applied WA law. These fees are not to be indexed, and are to continue to apply until this instrument is amended or repealed.
Basis for Determining Charges for Service
The Australian Government’s objective is to align, as far as practical, conditions and standards in the Indian Ocean Territories, which includes the Cocos (Keeling) Islands, with those in comparable communities in the rest of Australia. It aims for full cost recovery across the range of operations, however it is acknowledged that for some locations this may not be achievable. The Cocos (Keeling) Islands is a place where recouped fees are currently less than the cost of providing those services.
It is Australian Government policy that, wherever possible, there should be parity in the cost of provision of state-type services on the Cocos (Keeling) Islands with those applied in similar remote Australian mainland locations. The Australian Government contracts the WA Department of Transport to deliver transport services to the Cocos (Keeling) Islands. This relationship is managed through a Service Delivery Arrangement (SDA) between the WA Department of Transport and the Australian Government. As part of the SDA, the WA Department of Transport provides advice in relation to the cost of providing vehicle examination fees.
Vehicle examination fees for the Cocos (Keeling) Islands are derived from fees set by the WA Department of Transport for the Kimberly region of WA (as defined by the WA Department of Transport). The Kimberly region was selected as the most comparable region with the Cocos (Keeling) Islands given the Commonwealth Grants Commission report on the Indian Ocean Territories 2007, which lists a number of towns in the Kimberley as ‘comparable communities’.
The WA Department of Transport vehicle inspection fee schedules are reviewed annually. Fees are based on an average market rate for mechanical services (hourly rate) multiplied by the time taken to perform an inspection, rates and times were obtained via a survey of mechanic workshops across WA. The amount is then increased by the relevant Regional Price Index (RPI) and an administration fee added. The RPI, developed by the WA Department of Primary Industries and Regional Development, is considered the most appropriate measure available for calculating the cost differentials between Perth and the regions. Vehicle inspection fees for the Kimberley region are increasing in 2022 due to a 3.3% increase of the mechanical market rate for vehicle examinations and inspection time increases to meet Department of Transport new requirements.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) was consulted and considers the proposal is likely to have no more than minor regulatory impacts on business, community organisations or individuals. The OBPR advised that a Regulatory Impact Statement was not required (ID OBPR22-02355).
Conditions to be satisfied
The Ordinance does not specify conditions that need to be satisfied before power to make the Determination may be exercised.
Consultation
There was no consultation with residents of the Cocos (Keeling) Islands because the Determination is administrative in nature and contributes to the ongoing cost of operating this service.
A community bulletin was issued to the community by the Administrator of the Territory of the Cocos (Keeling) Islands on 24 June 2020 advising that there was to be no increases to vehicle examination fees in the 2020-21 financial year due to the ongoing financial impacts of COVID-19, however that Cocos (Keeling) Islands fees would be aligned with the Kimberley region of WA in 2021-22.
Given fee alignment with the Kimberley region of WA, the proposed fee structure is underpinned by the expertise of the WA Department of Transport and the independent scrutiny of the WA Government Executive Council.
The WA Department of Transport update fees for WA regions, including the Kimberley region through periodic amendments to the Road Traffic (Vehicles) Regulations 2014 (WA).
Following registration of the Ordinance on the Federal Register of Legislation, the Cocos (Keeling) Islands community will informed of the charges for vehicle examination fees through a community bulletin issues by the issued by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Detailed Description of this Determination
Section 1 – Name
This section provides that the name of this Determination is the Cocos (Keeling) Islands Utilities and Services (Vehicle Examination Fees) Amendment (2022 Measures No. 1) Determination 2022.
Section 2 – Commencement
This section provides that this Determination is to commence on 1 July 2022.
Section 3 – Authority
This section provides that this Determination is made under paragraph 7(2)(a) of the
Cocos (Keeling) Islands Utilities and Services Ordinance 2016.
Section 4 – Schedules
This section provides that instruments specified in a Schedule to this instrument are amended or repealed as set out in the applicable items in the Schedule concerned.
Schedule 1 – Amendments
Cocos (Keeling) Islands Utilities and Services (Vehicle Examination Fees) Amendment (2022 Measures No. 1) Determination 2022
This Schedule provides the following amendments to the Principle Determination.
Item 1 repeals definitions of trailer derivative and moped in Section 4, to align with the Road Traffic (Vehicles) Regulations 2014 (WA)(CKI).
Item 2 repeals table in Subsection 5(1) (table items 1 to 4) and replaces with a new table which has the effect of amending vehicle examination fees payable in the Cocos (Keeling) Islands.
Item 1 | Heavy vehicle | (a) first examination— increases from $220.50 to $253.90; (b) subsequent examination—reduces from $152.75 to $147.90 |
Item 2 | Trailer without brakes, motor cycle, motor carrier | (a) first examination—increases from $151.60 to $158.00; (b) subsequent examination—increases from $116 to $125.20 |
Item 3 | Vehicle not covered by table item 1 or 2 | (a) first examination—increases from $182.25 to $198.40; (b) subsequent examination—increases from $116 to $130.25 |
Item 4 | Any vehicle covered by table item 1, 2 or 3 | verifying the vehicle’s identity or specifications— increases from $128.75 to $140.30 |
Item 3 omits the wording in Subsection 5(2) ‘1 July 2021’ and substitutes with ‘1 July 2022’.
Statement of Compatibility with Human Rights
Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The Cocos (Keeling) Islands is not listed as a regional area for the purposes of fees for vehicle examinations in the Road Traffic (Vehicles) Regulations 2014 (WA)(CKI). The purpose of this Determination is to establish vehicle examination fees that apply for motor vehicle licensing and registration on Cocos (Keeling) Islands, in alignment with vehicle examination fees amended in the Kimberley region of WA in 2022-23.
The Australian Government aims for full cost recovery across its range of operations. However, it is acknowledged that for some locations this may not be achievable. The Cocos (Keeling) Islands is an area where recouped fees are currently less than the cost of providing those services.
It is Australian Government policy that, wherever possible, there should be parity in the cost of provision of state-type services on the Cocos (Keeling) Islands with those applied in a similar remote Australian mainland location.
The Department of Infrastructure, Transport, Regional Development, Communications and the Arts will align the vehicle examination fees in the Cocos (Keeling) Islands with the Kimberley region of WA, which is often referred to as a comparable location. The Commonwealth Grants Commission report on the Indian Ocean Territories 2007, lists a number of towns in the Kimberley as ‘comparable communities’.
Human rights implications
The Determination does not engage the right to an adequate standard of living in Article 11 of the International Covenant on Economic, Social and Cultural Rights because it does not impact on the right requiring Australia to ensure the availability, adequacy and accessibility of food, water and housing for all people in Australia.
Provisions in the regulations to exempt a person with disability or to exempt or refund in exceptional circumstance remain.
Conclusion
The Determination is compatible with human rights as it does not raise any human rights issues.
Natasha Griggs, Administrator of the Cocos (Keeling) Islands