Interstate Road Transport Amendment Act 1998

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

Legislation au C2004A00307 Not in force Act

Legislation content

 

 

 

 

Interstate Road Transport Amendment Act 1998

 

No. 43, 1998

 

 

 

 

 

 

 

 

 

Interstate Road Transport Amendment Act 1998

 

No. 43, 1998

 

 

 

 

An Act to amend the Interstate Road Transport Act 1985, and for related purposes

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendment of the Interstate Road Transport Act 1985 3

 

Interstate Road Transport Amendment Act 1998

No. 43, 1998

 

 

 

An Act to amend the Interstate Road Transport Act 1985, and for related purposes

[Assented to 17 June 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Interstate Road Transport Amendment Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Interstate Road Transport Act 1985

 

1  Subsection 3(1)

Insert:

carriage of passengers or goods between prescribed places means carriage of passengers or goods, in trade or commerce, between a place in a State and a place in another State.

2  Subsection 3(1) (definition of insurance)

Omit “or Territory”.

3  Subsection 3(1) (definition of State)

After “includes”, insert “the Australian Capital Territory and”.

4  Subsection 3(1) (definition of State operator’s licence)

Omit “or the Australian Capital Territory”.

5  Subsection 3(1) (definition of Territory)

Repeal the definition.

6  Paragraph 3(10)(a)

Omit “, of a Regulatory Authority in respect of the Australian Capital Territory or of the Minister”.

7  Subsection 3A(2)

Omit “or Territory”.

8  Section 4

Repeal the section.

9  After subsection 6(4)

Insert:

 (4A) For the purposes of the application of the above subsections in relation to the Australian Capital Territory:

 (a) references to the Governor‑General are taken to be references to the Prime Minister; and

 (b) references to the Governor of a State are taken to be references to the Chief Minister of the Territory.

10  Subsections 7(1) and (2)

Omit “and the Australian Capital Territory”.

11  Subsection 7(5)

Repeal the subsection, substitute:

 (5) For the purposes of the application of subsections (3) and (4) in relation to the Australian Capital Territory, references to the Governor of the State are taken to be references to the Chief Minister of the Territory.

12  Paragraph 8(1)(e)

Omit “or of the Australian Capital Territory”.

13  Subsection 8(1) (penalty)

Repeal the penalty, substitute:

Penalty: 10 penalty units.

Note: If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

14  After subsection 8(2)

Insert:

 (2A) For the purposes of the application of subsection (2) in relation to the Australian Capital Territory, the reference in that subsection to the commencement of this section is taken to be a reference to the commencement of this subsection.

15  Subsection 10(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for one year.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

16  Subsection 10(3) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

17  Subsection 10(5)

Repeal the subsection.

18  Section 12A

Omit “or Territory”.

19  Section 12C

Omit “or Territory” (wherever occurring).

20  Section 12D

Omit “$4,000” (wherever occurring), substitute “40 penalty units”.

21  At the end of section 12D

Add:

Note: If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

22  Paragraph 19(1)(b)

Omit “or the Australian Capital Territory”.

23  Subsection 23(2)

Repeal the subsection.

24  Subsection 23(3)

Repeal the subsection, substitute:

 (3) The Minister, in exercising the power to make determinations under subsection (1), must, as far as practicable, ensure that the allocation of payments under this section among the States reflects the distribution of damage done to roads by registered motor vehicles and trailers operating as mentioned in subsection 8(1).

25  Subsections 24(2) and (3)

Omit “or Territory”.

26  Section 25 (penalty)

Repeal the penalty, substitute:

Penalty: 50 penalty units.

Note: If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

27  Section 41

Omit “$1,000”, substitute “10 penalty units”.

28  Subsection 44(2)

Omit “$1,000”, substitute “10 penalty units”.

29  Subsection 44(5)

Omit “$100”, substitute “1 penalty unit”.

30  Subsection 44(6) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

31  Subsection 45(2) (penalty)

Repeal the penalty, substitute:

Penalty: 10 penalty units.

Note: If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

32  Subsection 45(3) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

33  Subsection 47(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

34  Subsection 47A(7)

Omit “or Territory”.

35  After paragraph 49(1)(a)

Insert:

 (aa) trade, commerce or intercourse between the Australian Capital Territory and a State is not absolutely free within the meaning of section 69 of the Australian Capital Territory (Self‑Government) Act 1988.

36  Subsection 49(2)

After “include”, insert “the Australian Capital Territory or”.

37  Section 52

Omit “or Territory” (wherever occurring).

Note: The heading to section 52 is altered by omitting “and Territory”.

38  Paragraph 56(2)(d)

Omit “$3,000”, substitute “30 penalty units”.

39  Paragraph 56(2)(da)

Omit “$400” and “$3,000”, substitute “4 penalty units” and “20 penalty units” respectively.

40  Paragraph 56(2)(e)

Omit “$1,000”, substitute “10 penalty units”.

41  Paragraph 56(2)(f)

Omit “$100” and “$500”, substitute “1 penalty unit” and “5 penalty units” respectively.

 

 

 

 

 

 

[Minister's second reading speech made in—

House of Representatives on 2 April 1998

Senate on 25 May 1998]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(44/98)

Overview

The Interstate Road Transport Amendment Act 1998 (Cth) was enacted to amend the Interstate Road Transport Act 1985 (Cth), addressing issues related to the regulation of interstate road transport, including the carriage of passengers and goods between states and territories. This Act was passed by the Parliament of Australia to refine the definitions and scope of interstate road transport, including the incorporation of the Australian Capital Territory into the regulatory framework previously focused solely on states. The objective of the Act is to update the legislative framework to ensure it adequately reflects the current constitutional and jurisdictional landscape, particularly with respect to the Australian Capital Territory. The Act aims to streamline the regulatory process and ensure consistent application of penalties and provisions across all jurisdictions. The Interstate Road Transport Amendment Act 1998 incorporates the Australian Capital Territory into the regulatory scheme previously exclusive to the states, thereby updating the definitions and provisions to reflect this change. By doing so, the Act seeks to provide a more unified approach to the regulation of interstate road transport, ensuring that the law applies consistently across all jurisdictions. This amendment addresses the need for a cohesive regulatory framework that accommodates the unique status of the Australian Capital Territory within the broader context of interstate transport laws.

Scope and Application

The Interstate Road Transport Amendment Act 1998 amends the Interstate Road Transport Act 1985 to modify various definitions and provisions, thereby impacting the scope of its application. This Act applies to individuals and entities engaged in the carriage of passengers or goods between prescribed places in trade or commerce between a place in a State and a place in another State. Notably, the definition of State is expanded to include the Australian Capital Territory, while the definition of Territory is repealed. Furthermore, the Act addresses the application of certain provisions to the Australian Capital Territory, making necessary adjustments to references to Governors and other authorities. The amendment also revises penalty units and their corresponding fines for various offences, with additional provisions allowing for fines up to five times the maximum fine for a body corporate when compared to an individual. The Act operates within the Commonwealth jurisdiction, impacting interstate road transport activities across Australia, including the Australian Capital Territory, thereby ensuring uniformity in regulation and enforcement across the states and territories. Subordinate instruments may further extend or restrict the application of this Act, providing for detailed regulations and standards in interstate road transport. Exclusions or exemptions from the application of the Act are not explicitly stated in the provided text, suggesting that the Act broadly applies to the specified activities unless otherwise defined in the subordinate legislation.

Key Provisions

The Interstate Road Transport Amendment Act 1998 amends the Interstate Road Transport Act 1985 by introducing several changes to definitions and penalties related to interstate road transport. Firstly, Section 1 modifies the definition of carriage of passengers or goods between prescribed places to specify that it refers to carriage in trade or commerce between a place in one state and a place in another state (Section 3(1)). The Act also removes references to the Australian Capital Territory in various definitions, including insurance (Section 3(1)), State operator’s licence (Section 3(1)), and State (Section 3(1)). Additionally, it repeals the definition of Territory (Section 3(1)) and removes references to the Australian Capital Territory in several subsections (Sections 3(10)(a), 3A(2), 7(1), 7(2), 7(5), 8(1)(e), 19(1)(b), 23(2), 23(3), 24(2), 24(3), 44(7), 49(2), 52, and 56(2)(d), 56(2)(da), 56(2)(f)). The Interstate Road Transport Amendment Act 1998 imposes certain obligations and requirements on parties or entities governed by the Interstate Road Transport Act 1985. For instance, Section 3(1) mandates that the Minister, when making determinations under Section 23(1), must ensure that the allocation of payments among states reflects the distribution of road damage caused by registered motor vehicles and trailers operating as mentioned in Section 8(1). Furthermore, Section 49(1)(aa) states that trade, commerce, or intercourse between the Australian Capital Territory and a state is not absolutely free within the meaning of Section 69 of the Australian Capital Territory (Self-Government) Act 1988. This Act also includes provisions to adjust the penalties for various offences related to interstate road transport. The Interstate Road Transport Amendment Act 1998 introduces new penalties for specific offences. For example, Section 8(1) now imposes a penalty of 10 penalty units for certain offences (previously it was a fine of $1,000). Additionally, Section 10(1) now imposes a penalty of imprisonment for one year (previously it was a fine of $4,000). Other penalties have been adjusted as well, such as Section 12D, which now imposes a penalty of 40 penalty units (previously it was a fine of $4,000). The Act also modifies the penalty for offences under Section 44(6) to imprisonment for two years (previously it was a fine of $100). These changes aim to align the penalties with the updated penalty units system and ensure appropriate consequences for breaches of the Interstate Road Transport Act 1985.

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Area of Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions
Imprisonment Penalties
Fines and Penalty Units

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.