Interstate Road Transport Charge Amendment Act 1991

Overview

The Interstate Road Transport Charge Amendment Act 1991, enacted by the Parliament of Australia and assented to on 2 September 1991, aims to amend the Interstate Road Transport Charge Act 1985. This legislative amendment was introduced to address specific issues within the existing framework of road transport charges between states. By modifying section 5 of the Principal Act, the 1991 Act updates the charge structure and eliminates certain provisions, while also repealing section 6 entirely. The intent behind these amendments is to streamline and refine the regulatory landscape governing interstate road transport charges, presumably to ensure fairness and efficiency in the sector.

Scope and Application

The Interstate Road Transport Charge Amendment Act 1991 amends the Interstate Road Transport Charge Act 1985, which pertains to the regulation of road transport charges for goods transported between Australian states and territories. This Act applies to entities and persons involved in interstate road transport, including carriers, freight forwarders, and relevant state or territory authorities responsible for implementing and enforcing the charge. Its jurisdiction extends across the entire Commonwealth of Australia, as it is a federal law. The amendment primarily revises the amount of the charge and removes certain provisions that previously detailed thresholds and exemptions, thereby streamlining the legislative framework. The Act does not explicitly state any exclusions but implies that the general provisions of the Principal Act, including any applicable exemptions, remain in effect unless altered by this amendment. The Act may be further refined or extended through subordinate instruments, such as regulations or orders, which can specify additional details or exceptions not covered in the primary legislation.

Key Provisions

The Interstate Road Transport Charge Amendment Act 1991 amends the Interstate Road Transport Charge Act 1985, primarily focusing on adjusting the amount of the charge imposed on interstate road transport. Section 3 of the Act amends Section 5 of the Principal Act by removing subsections (3), (4), (4a), and (5), effectively altering the calculation and structure of the charge. Additionally, Section 4 repeals Section 6 of the Principal Act, which previously outlined specific conditions and exemptions related to the charge. The amendment imposes updated obligations on the parties subject to the Interstate Road Transport Charge. Operators of vehicles engaged in interstate road transport must now comply with the revised charge calculation as per the amended Section 5. Although Section 6 has been repealed, the overall legislative framework still requires transporters to adhere to the remaining provisions of the Principal Act and any other relevant legislation. This means that while certain exemptions and conditions have been removed, transporters must still ensure they meet the updated requirements set forth by the amended Act. The Interstate Road Transport Charge Amendment Act 1991 does not explicitly outline specific offences or penalties for non-compliance. However, non-compliance with the Interstate Road Transport Charge Act 1985, as amended by this Act, can lead to civil and criminal consequences. The Principal Act may include provisions for penalties, which could be enforced against transporters who fail to comply with the updated charge requirements. These penalties can vary depending on the severity and frequency of non-compliance but could include fines or other legal actions as prescribed by the broader legislative framework.