Interstate Road Transport Charge Amendment Act (No. 2) 2008

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

Legislation au C2008A00147 In force Act

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Interstate Road Transport Charge Amendment Act (No. 2) 2008

 

No. 147, 2008

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Interstate Road Transport Charge Act 1985

 

 

 

Interstate Road Transport Charge Amendment Act (No. 2) 2008

No. 147, 2008

 

 

 

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

[Assented to 11 December 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Interstate Road Transport Charge Amendment Act (No. 2) 2008.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

11 December 2008

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

12 February 2009

(see F2009L00278)

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Interstate Road Transport Charge Act 1985

1  Title

Omit “motor vehicle or trailer”, substitute “vehicle”.

2  After section 3

Insert:

3A  Definitions

  In this Act:

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.

Australian Transport Council has the meaning given by section 4 of the National Transport Commission Act 2003.

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group, twinsteer axle group, tri‑axle group or quad‑axle group.

B‑double combination means a combination consisting of a prime mover towing 2 semi trailers.

B‑double lead trailer means a semi trailer that is nominated for use as the lead trailer in a B‑double combination.

B‑triple combination means a combination consisting of a prime mover towing 3 semi trailers.

B‑triple lead trailer means a semi trailer that is nominated for use as the lead trailer in a B‑triple combination.

B‑triple middle trailer means a semi trailer that is nominated for use as the second trailer in a B‑triple combination.

bus means a motor vehicle, built mainly to carry people, that seats more than 9 adults (including the driver).

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 or 4 axles.

compliance plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.

converter dolly means a trailer with a fifth wheel coupling designed to support a semi trailer for hauling purposes.

dog trailer means a trailer with:

 (a) a single axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

 (b) a single axle group or single axle at the rear.

drawbar means a part of a trailer (other than a semi trailer) that connects the trailer body to a coupling for towing purposes.

driver means the person driving or in control of a motor vehicle.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi trailer), used with a prime mover, semi trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

lead trailer, in a combination, means the trailer that is, or that is to be, attached to the prime mover.

load carrying vehicle means a vehicle 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.

loaded mass, in relation to a vehicle, means the sum of the mass of the vehicle and the mass of the load on the vehicle that is imposed on the surface on which the vehicle is standing or running.

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

low loader means a gooseneck semi trailer with a loading deck no more than one metre above the ground.

low loader dolly means a mass‑distributing device that:

 (a) is usually coupled between a prime mover and low loader; and

 (b) consists of a gooseneck rigid frame; and

 (c) does not directly carry any load on itself; and

 (d) is equipped with one or more axles, a kingpin and a fifth wheel coupling.

medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer.

MRC (short for Mass Rating for Charging), in relation to a vehicle, means:

 (a) the maximum mass of the vehicle, including any load, recorded on the compliance plate as the Gross Vehicle Mass, Gross Trailer Mass Rating or Aggregate Trailer Mass of the vehicle; or

 (b) in relation to a vehicle for which there is no compliance plate—its operating mass.

multi‑combination prime mover means a prime mover nominated to haul 2 or more trailers.

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 a single axle group or single axle near the middle of its load‑carrying surface, and connected to the towing vehicle by a drawbar.

pole type trailer means a trailer that:

 (a) is attached to a towing vehicle by means of a pole or an attachment fitted to a pole; and

 (b) is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports.

prime mover means a motor vehicle designed to haul a semi trailer.

quad‑axle group means a group of 4 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

Registration Authority means the authority that is responsible for registering vehicles.

semi trailer means a trailer (including a pole type trailer) that has:

 (a) a single axle group or single axle towards the rear; and

 (b) a means of attachment to a prime mover or a converter dolly that results in some of the load being imposed on the prime mover, or the converter dolly, as the case may be.

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

short combination truck means a truck nominated to haul one trailer where, according to the nomination:

 (a) the combination has 6 axles or fewer; and

 (b) the maximum total mass that is legally allowable for the combination is 42.5 tonnes or less.

single axle means an axle not forming part of an axle group.

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre‑lines of the outermost axles is less than one metre.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre‑lines of the outermost axles is at least one metre but not more than 2 metres.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

tri‑axle group means a group of at least 3 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 2 metres, but not more than 3.2 metres.

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

truck (type 1) means a truck that has:

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

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

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

truck (type 2) means a truck that has:

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

 (b) 3 axles and an MRC exceeding 16.5 tonnes; or

 (c) 4 or more axles and an MRC exceeding 20 tonnes.

twinsteer axle group means a group of 2 axles:

 (a) with single tyres; and

 (b) fitted to a motor vehicle; and

 (c) connected to the same steering mechanism; and

 (d) the horizontal distance between the centre‑lines of which is at least one metre, but not more than 2 metres.

vehicle includes a trailer.

3B  Close‑spaced axles

 (1) For the purposes of this Act (other than the definitions of single axle group, tandem axle group, twinsteer axle group, tri‑axle group and quad‑axle group):

 (a) 2 axles less 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.

 (2) A reference to a distance in subsection (1) is a reference to the horizontal distance between the centre‑lines of:

 (a) in the case of paragraph (1)(a)—the 2 axles; and

 (b) in any other case—the outermost axles.

3C  Determination of number of trailers

 (1) For the purposes of determining the number of trailers that a prime mover or truck is nominated to haul:

 (a) a converter dolly and a semi trailer when used together are to be regarded as one trailer; and

 (b) a low loader dolly and a low loader when used together are to be regarded as one trailer.

 (2) To avoid doubt, nothing in this section affects a requirement that a separate annual registration charge be paid for each converter dolly or low loader dolly and for each semi trailer.

3  Subsection 4(1)

Repeal the subsection, substitute:

 (1) Subject to subsections (2) and (3), a charge is imposed on the registration of a vehicle in a category mentioned in subsection (1A).

 (1A) For the purposes of subsection (1), a charge is payable in relation to the registration of the following categories of vehicle:

 (a) a truck (type 1);

 (b) a truck (type 2);

 (c) a short combination truck;

 (d) a medium combination truck;

 (e) a long combination truck;

 (f) a short combination prime mover;

 (g) a multi‑combination prime mover;

 (h) a pig trailer;

 (i) a dog trailer;

 (j) a semi trailer;

 (k) a B‑double lead trailer;

 (l) a B‑triple lead trailer;

 (m) a B‑triple middle trailer;

 (n) a converter dolly;

 (o) a low loader dolly;

 (p) a bus (type 1);

 (q) a bus (type 2);

 (r) an articulated bus.

4  Subsection 4(2)

Omit “motor vehicles or trailers” (wherever occurring), substitute “vehicles”.

5  At the end of section 4

Add:

 (3) Subsection (1) does not apply to vehicles that have an MRC of less than or equal to 4.5 tonnes.

6  Subsection 5

Repeal the section, substitute:

5  Amount of charge

 (1) The amount of charge in respect of the registration of a vehicle in a category referred to in subsection 4(1A) is the amount applicable under subsection (2) or (4), as the case may be.

 (2) If the registration is for a full year, the amount of the charge is the amount for vehicles in that category in relation to the financial year in which the registration comes into force.

Note: For the definition of financial year, see paragraph 22(1)(e) of the Acts Interpretation Act 1901.

 (3) For the purposes of subsection (2), the amount of the charge is the amount worked out in accordance with regulations made for the purposes of this section.

 (4) If the registration is for less than a full year, the amount of the charge is the amount worked out using the formula:

where:

charge for one year means the amount that would be the charge in respect of the registration under subsection (2).

period of registration means the number of days in the period of the registration.

 (5) If a vehicle falls within 2 or more categories of vehicle under subsection 4(1A), the charge in respect of the registration of the vehicle is the higher or highest of the charges that could apply in respect of that registration of that vehicle.

 (6) Regulations made for the purposes of this section must not take effect earlier than the first day after the end of the period in which the regulations may be disallowed under Part 5 of the Legislative Instruments Act 2003.

7  Sections 5A and 6

Repeal the sections.

8  Section 7

Omit “section 6”, substitute “section 5”.

9  Schedule

Repeal the Schedule.

10  Application of amendments

(1) Despite the repeal of section 5 of the Interstate Road Transport Charge Act 1985 made by item 6 of this Schedule, the amount of the charge under that section, immediately before this Schedule commences, continues to apply in relation to registrations of vehicles that come into force after this Schedule commences until regulations made for the purposes of section 5 of that Act, as in force immediately after this Schedule commences, take effect.

(2) Once those regulations take effect, the amendments made by this Schedule apply in relation to registrations of vehicles in a category referred to in subsection 4(1A) of the Interstate Road Transport Charge Act 1985 (as inserted by item 3 of this Schedule) that come into force after this Schedule commences.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 September 2008

Senate on 10 November 2008]

(183/08)

 

Overview

The Interstate Road Transport Charge Amendment Act (No. 2) 2008 was enacted by the Parliament of Australia to amend the Interstate Road Transport Charge Act 1985 and address certain deficiencies in the existing legislative framework. This Act aims to update the definitions and categories of vehicles subject to interstate road transport charges, providing clearer guidelines and ensuring the application of the charge is more accurate and equitable. The policy objective behind this amendment is to improve the administration and enforcement of interstate road transport charges, reflecting changes in vehicle classifications and technological advancements. The Act received Royal Assent on 11 December 2008 and its provisions commenced on 12 February 2009. The Interstate Road Transport Charge Amendment Act (No. 2) 2008 introduces several amendments to the Interstate Road Transport Charge Act 1985, including the redefinition of various vehicle categories to reflect modern transport practices and the introduction of new definitions for terms such as "articulated bus" and "converter dolly". It also revises the application of the charge to ensure that only relevant vehicles are subject to the charge, excluding those with a maximum recorded chargeable mass of 4.5 tonnes or less. By refining the scope and application of the charge, the Act aims to enhance the efficiency and fairness of the interstate road transport charge system, ensuring that it remains relevant to contemporary transport needs.

Scope and Application

The Interstate Road Transport Charge Amendment Act (No. 2) 2008 amends the Interstate Road Transport Charge Act 1985 to introduce changes in the application and scope of the Interstate Road Transport Charge. The Act applies to the registration of various categories of vehicles, including trucks, trailers, and buses, that are used for interstate transport. The categories of vehicles subject to the charge are expanded and defined more clearly in the Act. Notably, the Act imposes a charge on the registration of vehicles with a maximum mass exceeding 4.5 tonnes. The charge is determined based on the category of vehicle and the period of registration. The Act also repeals certain sections of the Interstate Road Transport Charge Act 1985 and replaces them with new provisions to align with the amended definitions and charge structure. The amendments apply to vehicle registrations that come into force after the Act commences, with transitional provisions ensuring continuity in the charge amount until new regulations are made. The Act extends its reach to the Commonwealth jurisdiction, impacting entities and individuals involved in interstate road transport within Australia.

Key Provisions

The Interstate Road Transport Charge Amendment Act (No. 2) 2008 introduces significant changes to the Interstate Road Transport Charge Act 1985. The Act amends the definitions and scope of certain vehicle categories, redefines the types of vehicles subject to interstate road transport charges, and modifies the amount and calculation of these charges. Specifically, section 3A of the Act redefines the categories of vehicles subject to the charge, including the introduction of articulated buses and various types of trailers and combinations. Section 3B outlines the close-spaced axle rules, which affect how axles are counted for charge purposes. The amount of the charge is detailed in section 5, which sets out the formula for calculating the charge based on the registration period and the full-year charge. The Act imposes obligations on several parties. Primarily, it requires vehicle owners and operators to correctly identify the category of their vehicles and to ensure that their vehicles comply with the definitions provided in the Act. Vehicle registration authorities must apply the new definitions and charge calculations when registering vehicles. The Act also requires that separate annual registration charges be paid for each specific component of a combination, such as a converter dolly or a low loader dolly, even if these components are considered together as one trailer for certain purposes. Breaching the provisions of this Act can result in various consequences. While the Act itself does not explicitly outline criminal or civil penalties, the failure to comply with the new definitions and charge requirements could lead to disputes or legal actions related to incorrect charges being applied. The Interstate Road Transport Charge Act 1985, as amended, may include provisions for penalties or enforcement actions for non-compliance, which would need to be adhered to. Such penalties might include fines or other civil remedies for incorrect registration or non-payment of charges. It is important for parties to ensure they understand and comply with the new legislative requirements to avoid any potential legal or financial repercussions.

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