Interstate Road Transport Amendment Act 1988

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2004A03632 Not in force Act

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Interstate Road Transport Amendment Act 1988

No. 39 of 1988

 

An Act to amend the Interstate Road Transport Act 1985

[Assented to 3 June 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Interstate Road Transport Amendment Act 1988.

(2) In this Act, “Principal Act” means the Interstate Road Transport Act 19851.

Commencement

2. This Act commences on 1 July 1988.


Arrangements with States etc.

3. Section 6 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3a) Subject to subsection (3b), the Governor of a State with whom an arrangement is in force under subsection (1) or (2) may, by signed instrument, revoke the arrangement.

“(3b) A revocation under subsection (3a) takes effect at the end of 6 months after the instrument of revocation is signed or, if a later time is specified in the instrument, at that time.”.

Cancellation or suspension of registration

4. Section 11 of the Principal Act is amended:

(a) by omitting from subsection (1) “by notice in writing served on the owner of a registered motor vehicle or trailer” and substituting “in accordance with the regulations”;

(b) by omitting from paragraph (1) (d) “or” (last occurring);

(c) by adding at the end of subsection (1) the following word and paragraph:

“; or (f) any amount payable under paragraph 9 (1) (a) or (b) or 9 (3) (b) and accompanying an application for registration under section 9 is paid by cheque—the cheque is dishonoured when duly presented for payment.”;

(d) by omitting from subsection (2) “by notice in writing served on the owner of the motor vehicle or trailer” and substituting “in accordance with the regulations”;

(e) by omitting from paragraph (2) (b) “or” (last occurring);

(f) by inserting after paragraph (2) (c) the following word and paragraph:

“; or (ca) any amount payable under paragraph 9 (1) (a) or (b) or 9 (3) (b) and accompanying an application for registration under section 9 is paid by cheque—the cheque is dishonoured when duly presented for payment;”.

5. After section 12 of the Principal Act the following section is inserted:

Mass limits of registered motor vehicles

“12a. Notwithstanding any law of a State or Territory relating to mass limits, it is lawful, subject to this Act, for a registered motor vehicle or trailer that complies with the requirements prescribed for the purposes of paragraph 13 (aa) to be driven on a road in the carriage of passengers or goods between prescribed places or for any purpose that is incidental to carriage of that kind.”.


Regulations may make further provision with respect to registered motor vehicles etc.

6. Section 13 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

“(aa) requiring registered motor vehicles or trailers to comply with such mass limits as are specified in the regulations;”.

Advance on account of charge

7. Section 17 of the Principal Act is amended by omitting from subsection (2) all the words from and including “then” and substituting “then the amount of the excess shall be refunded to the owner of the motor vehicle or trailer.”.

Refund of charge on cancellation or surrender

8. Section 18 of the Principal Act is amended by omitting all the words from and including “shall” (first occurring) and substituting “shall refund to the owner an amount calculated under the formula:

where:

A is the amount of charge payable in respect of the registration of the motor vehicle or trailer;

B is the number of whole days in the period commencing on the cancellation or surrender and ending at the time when the registration would, but for the cancellation or surrender, have expired; and

C is the number of whole days in the period that is applicable to the registration under subsection 9 (3).”.

Monitoring devices to be fitted in accordance with the regulations

9. Section 38 of the Principal Act is amended by omitting “a manner specified in”.

Effect of this Act and regulations on State and Territory laws

10. Section 52 of the Principal Act is amended by inserting in subsection (1) “(except section 12a)” after “Act”.

Penalties for corporations

11. Section 54 of the Principal Act is repealed.

Regulations

12. Section 56 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:

“(2) Without limiting the generality of subsection (1), the regulations may make provision for and in relation to:

(a) regulating the use and operation of registered motor vehicles and trailers and prescribing operating standards (including mass limits) of such vehicles and trailers;


(b) prohibiting or regulating specified conduct or activities:

(i) in registered motor vehicles or trailers; or

(ii) in connection with the operation or use of registered motor vehicles or trailers;

(c) providing for the charging of fees (other than fees for the purposes of paragraph 9 (1) (a), subparagraph 9 (3) (b) (ii) or subsection 12 (2)) in respect of functions performed by a Regulatory Authority in or in connection with the registration under this Act of a motor vehicle or trailer or the licensing under this Act of a person who proposes to carry on long distance interstate road transport business;

(d) penalties not exceeding a fine of $3000 for offences against regulations made for the purposes of paragraph 13 (aa);

(e) penalties not exceeding a fine of $500 for other offences against the regulations; and

(f) enabling a person who is alleged to have committed an offence referred to in paragraph (e) to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:

(i) in the case of a natural person—$100; or

(ii) in the case of a body corporate—$500.

“(3) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time or as in force from time to time.

“(4) A fee provided for under paragraph (2) (c) shall not exceed $100.”.

 

NOTE

1. No. 130, 1985, as amended. For previous amendments, see Nos. 76 and 168, 1986.

[Minister’s second reading speech made in—

House of Representatives on 26 April 1988

Senate on 23 May 1988]

Overview

The Interstate Road Transport Amendment Act 1988, enacted by the Parliament of Australia, amends the Interstate Road Transport Act 1985 to address various issues related to the regulation and operation of motor vehicles and trailers used in interstate road transport. The primary objective of this Act is to enhance the efficiency and effectiveness of interstate road transport regulations, including the revocation of arrangements with states, the regulation of vehicle mass limits, and the refund of registration charges under specific circumstances. Additionally, the Act introduces new provisions for the fitting of monitoring devices, the charging of fees for regulatory functions, and penalties for offences against regulations, aiming to streamline the legislative framework governing interstate road transport. The Act also specifies that its provisions, with the exception of section 12a, have precedence over conflicting state and territory laws.

Scope and Application

The Interstate Road Transport Amendment Act 1988 amends the Interstate Road Transport Act 1985, which governs the regulation of interstate road transport in Australia. The Act applies to the operation and regulation of registered motor vehicles and trailers involved in interstate road transport. It extends to all states and territories of Australia, with certain provisions that may override state and territory laws. The Act applies to individuals, entities, and businesses that engage in interstate road transport, particularly those operating registered motor vehicles and trailers. The Act allows for the revocation of interstate transport arrangements by state governors, modifies the conditions for cancellation or suspension of vehicle registrations, and introduces provisions regarding mass limits and refunds on cancellation. Furthermore, the Act provides for the fitting of monitoring devices and specifies penalties for offences against the regulations. The Act also extends its application through subordinate regulations, which may further detail the operation of registered motor vehicles and trailers, specify operating standards, and set fees for regulatory functions. The Act's provisions can supersede state and territory laws, except for specific sections which are noted as exceptions.

Key Provisions

The Interstate Road Transport Amendment Act 1988 (sections 3 and 4) modifies the Interstate Road Transport Act 1985 to allow the Governor of a State, with whom an arrangement is in force, to revoke an arrangement by signed instrument, which takes effect at the end of six months or at a later specified time (section 3). It also amends the cancellation and suspension of registration provisions by allowing these actions to occur in accordance with regulations, including when a cheque accompanying a registration application is dishonoured (section 4). Furthermore, it introduces a new section (section 12a) permitting registered motor vehicles or trailers that meet prescribed requirements to be driven on roads for the carriage of passengers or goods, subject to the Act. The Interstate Road Transport Amendment Act 1988 imposes obligations on parties and entities governed by the Act, including adherence to regulations for the cancellation or suspension of vehicle registration, compliance with prescribed mass limits, and ensuring that monitoring devices are fitted in accordance with regulations (sections 4, 5, and 9). It also mandates the refund of excess charges on cancellation or surrender of registration (section 7) and requires advance payments to be refunded if the cheque accompanying the payment is dishonoured (section 7). Additionally, it requires the refund of charges on cancellation or surrender of registration, calculated according to a specified formula (section 8). The Act includes provisions for penalties and consequences for breaches. The regulations may impose fines not exceeding $3000 for offences against regulations related to mass limits, and not exceeding $500 for other offences against the regulations (section 12(2)(d)). It also provides for alternative penalties, allowing a natural person to pay a penalty not exceeding $100, and a body corporate to pay not exceeding $500, as an alternative to prosecution for offences against the regulations (section 12(2)(f)(i) and (ii)). Additionally, fees charged for functions performed by a Regulatory Authority cannot exceed $100 (section 12(4)).

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