Interstate Road Transport Charge Amendment Act 1995

Interstate Road Transport Charge Amendment Act 1995

No. 51 of 1995

An Act to amend the Interstate Road Transport Charge Act 1985

[Assented to 23 June 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Interstate Road Transport Charge Amendment Act 1995.

(2) In this Act, "Principal Act" means the Interstate Road Transport Charge Act 19851.

Commencement

2. This Act commences on 1 July 1995.

Amendments

3. The Principal Act is amended as set out in the Schedule.

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 SCHEDULE Section 3

AMENDMENTS OF THE INTERSTATE ROAD TRANSPORT
CHARGE ACT 1985

1. Section 5:

Repeal the section, substitute:

Amount of charge

"5.(1) The amount of charge in respect of the registration of a motor vehicle or trailer referred to in Part 2 of the Schedule in relation to a year commencing on 1 July 1995 and subsequent years is the amount applicable to motor vehicles or trailers of that kind under the Schedule.

"(2) If a motor vehicle or trailer falls within 2 or more categories specified in the table in Part 2 of the Schedule, the registration charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

Alteration of amounts specified in the Schedule

"6. The regulations may alter the amounts specified in the Schedule in relation to a year, but any alteration in relation to a year must not increase or decrease the amounts applicable to the previous year by more than 5%.".

2. Add at the end:

 "SCHEDULE Sections 5 and 6

"PART 1—INTERPRETATION

1. In this Schedule:

'articulated bus' means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections;

'axle' means the axis of rotation of a row of tyres across a vehicle;

'axle group' means one axle or consecutive axles connected by a load sharing suspension system or steering mechanism;

'bus' means a motor vehicle principally constructed to carry more than 12 seated adult persons;

'bus (type 1)' means a rigid bus that has 2 axles and an MRC not exceeding 12 tonnes;

'bus (type 2)' means:

(a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or

(b) a rigid bus that has 3 axles;

'dog trailer' means a trailer that has 2 axle groups of which the front axle group is steered by connection to the hauling motor vehicle or trailer;

SCHEDULE—continued

'dolly' means a specially designed pig trailer used to convert a semi trailer into a dog trailer;

'load carrying vehicle' means a motor vehicle or trailer designed and constructed to haul or carry goods and wares in addition to any fuel, water, lubricants, tools and any other equipment or accessories necessary for normal operation of the vehicle;

'long combination prime mover (type 1)' means a prime mover nominated to haul 2 trailers, but does not include a medium combination prime mover;

'long combination prime mover (type 2)' means a prime mover nominated to haul more than 2 trailers;

'long combination truck' means a truck nominated to haul 2 or more trailers;

'medium combination prime mover' means a prime mover nominated to haul 2 semi trailers where the second semi trailer is mounted on the rear of the semi trailer being hauled by the prime mover (a B-double prime mover);

'medium combination truck' means a truck nominated to haul one trailer where the combination has more than 6 axles;

'nominated' means nominated by the person applying for registration;

'operating mass', in relation to a vehicle, means the maximum mass of the vehicle, including any load, as determined by the Registration Authority having regard to the design and construction of the vehicle or of any of its components;

'pig trailer' means a trailer with one axle group near the middle of its load carrying surface and connected to the towing vehicle by a drawbar;

'pole type trailer' means a trailer that is attached to a towing vehicle by a pole or an attachment fitted to a pole and that is used for transporting loads such as logs, pipes, structural members or other things that are capable of supporting themselves as beams between supporting connections;

'prime mover' means a motor vehicle designed to haul a semi trailer;

'Registration Authority' means the authority of a State or Territory that is responsible for registering vehicles;

'semi trailer' means a trailer that has:

(a) one axle group towards the rear; and

(b) a means of attachment to a prime mover that results in some of the load being imposed on the prime mover;

and includes a pole type trailer;

'short combination prime mover' means a prime mover nominated to haul one semi trailer;

SCHEDULE—continued

'short combination truck' means a truck nominated to haul one trailer;

'truck' means a rigid motor vehicle that is principally constructed as a load carrying vehicle;

'truck (type 1)' means a truck that:

(a) has 2 axles and an MRC not exceeding 12 tonnes; or

(b) has 3 axles and an MRC not exceeding 16.5 tonnes; or

(c) has 4 or more axles and an MRC not exceeding 20 tonnes;

'truck (type 2)' means:

(a) a truck that has 2 axles and an MRC exceeding 12 tonnes; or

(b) a truck that has 3 axles and an MRC exceeding 16.5 tonnes; or

(c) a truck that has 4 or more axles and an MRC exceeding 20 tonnes.

2. For the purposes of this Schedule:

(a) 2 axles not more than one metre apart are to be regarded as one axle; and

(b) 3 axles not more than 2 metres apart are to be regarded as 2 axles; and

(c) 4 axles not more than 3.2 metres apart are to be regarded as 3 axles.

3. For the purposes of determining the number of trailers that a prime mover or truck may tow for the purposes of this Schedule, a dolly and a semi trailer when used together are to be regarded as one trailer.

4. Nothing in this Schedule applies to a vehicle with an MRC less than or equal to 4.5 tonnes.

SCHEDULE—continued

PART 2—REGISTRATION CHARGES

 ".

3. Section 7:

Omit "subsections 4(2) and 5(2)", substitute "subsection 4(2) and section 6".

NOTE

1. No. 131, 1985, as amended. For previous amendments, see No. 40, 1988; and No. 129, 1991.

[Minister's second reading speech made in—

House of Representatives on 11 May 1995

Senate on 29 May 1995]