Interstate Road Transport Charge Amendment Act 2002
No. 18, 2002
An Act to amend the Interstate Road Transport Charge Act 1985
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Interstate Road Transport Charge Act 1985
Interstate Road Transport Charge Amendment Act 2002
No. 18, 2002
An Act to amend the Interstate Road Transport Charge Act 1985
[Assented to 4 April 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Interstate Road Transport Charge Amendment Act 2002.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Charge Act 1985
1 Section 6
Repeal the section, substitute:
5A Automatic increase of amounts of charge
(1) This section applies to the charges determined in accordance with the Schedule (including charges whose amounts have already been changed by a previous application or applications of this section or of regulations made for the purposes of section 6).
(2) At the start of 1 July of each year, beginning with 1 July 2002, the amount of each of those charges is increased, from the amount that applied immediately before that 1 July, by the same percentage amount as is determined for the purposes of section 3A of the Road Transport Charges (Australian Capital Territory) Act 1993.
Note: In some circumstances, this rule can result in no increases occurring on a particular 1 July: see Part 4 of the Schedule to the Road Transport Charges (Australian Capital Territory) Act 1993.
(3) As soon as practicable, the Secretary must publish in the Gazette a statement setting out the new amounts of charge that apply under this section.
6 Regulations may decrease amounts of charge
(1) The regulations may decrease the amounts of charge that apply under sections 5 and 5A in relation to a year.
(2) Such regulations must not decrease any amount of charge by more than 5% of the amount of charge that would apply in relation to the year if no regulations were made for the purposes of this section in relation to that year.
2 The Schedule (note appearing after the Schedule heading)
After “Sections 5”, insert “, 5A”.
[Minister’s second reading speech made in—
House of Representatives on 14 February 2002
Senate on 14 March 2002]
Overview
The Interstate Road Transport Charge Amendment Act 2002 was enacted by the Parliament of Australia to amend the Interstate Road Transport Charge Act 1985. This Act introduces a new mechanism for the automatic annual increase of road transport charges, aligning them with the inflation rate as determined under the Road Transport Charges (Australian Capital Territory) Act 1993. It aims to ensure that the charges are periodically adjusted to reflect changes in economic conditions, thus maintaining the relevance and fairness of the charges. The policy objective is to provide a systematic approach to updating transport charges, ensuring they remain adequate to cover the costs associated with interstate road transport, while also allowing for regulatory adjustments to mitigate excessive increases.
Scope and Application
The Interstate Road Transport Charge Amendment Act 2002 is a legislative amendment to the Interstate Road Transport Charge Act 1985, which pertains to the charges levied on interstate road transport activities. This Act applies to entities and persons engaged in interstate road transport, impacting the financial obligations related to the transportation of goods across state and territory borders within Australia. Its geographic reach is national, as it operates within the framework of the Commonwealth of Australia and affects all states and territories. The Act mandates an automatic annual increase of the charges applicable to interstate road transport, aligning with the percentage determined for the Australian Capital Territory under the Road Transport Charges (Australian Capital Territory) Act 1993, effective from 1 July each year starting in 2002. Additionally, the Act allows for regulatory adjustments that can reduce these charges, though any such reduction must not exceed 5% of the amount that would otherwise apply. The Act's provisions are enforced through subordinate regulations, which can provide further detail or exceptions as necessary, thereby extending or restricting the application of the primary legislative provisions.
Key Provisions
The Interstate Road Transport Charge Amendment Act 2002 (Act) primarily amends the Interstate Road Transport Charge Act 1985 (IRTCT Act). Section 5A of the IRCTC Act is repealed and substituted with a new provision regarding the automatic increase of charges (Schedule 1, item 1). According to section 5A(2), the charges specified in the Schedule, including those already adjusted by previous applications of this section or related regulations, are to be increased annually from 1 July of each year, starting with 1 July 2002. The increase is determined by the same percentage as set out in section 3A of the Road Transport Charges (Australian Capital Territory) Act 1993. It is important to note that, in some cases, no increase may occur on a particular 1 July (Schedule, Part 4 of the Road Transport Charges (Australian Capital Territory) Act 1993). Additionally, section 5A(3) mandates that the Secretary must publish a statement in the Gazette, detailing the new charge amounts as soon as practicable.
Entities and parties governed by the IRCTC Act must adhere to the amended provisions. This involves ensuring that the charges are automatically increased from 1 July of each year in line with section 5A(2). The Secretary, as per section 5A(3), is required to publish a statement in the Gazette detailing the new charge amounts. Furthermore, regulations may decrease the amounts of charge for a given year, but such decreases must not exceed 5% of the charge amount that would apply without any regulations (Schedule 1, item 2, section 6(2)).
Breaches of the obligations under this Act may lead to civil or criminal consequences. The specific penalties for non-compliance are not detailed within the provided text. However, penalties typically associated with breaches of similar legislation can range from fines to more severe legal repercussions, depending on the nature and severity of the breach. It is advisable for entities and parties to ensure strict adherence to the amended provisions to avoid any potential legal ramifications.