Interstate Road Transport Charge Regulations 2006

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

Legislation au F2006L01945 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 163

 

Issued by Authority of the Minister for Transport and Regional Services

 

Interstate Road Transport Charge Act 1985

 

Interstate Road Transport Charge Regulations 2006

 

 

Section 7 of the Interstate Road Transport Charge Act 1985 (IRTCA) provides, in part, that the Governor-General may make regulations for the purposes of section 6.  Section 6 provides that regulations may decrease the amounts of charge that apply under sections 5 and 5A in relation to a year.  Section 5 provides for the amount of annual charge for the registration of heavy vehicles under the Federal Interstate Registration Scheme (FIRS).  Section 5A provides for an automatic annual adjustment of the amounts of charge.  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.

The Interstate Road Transport Act 1985 and Interstate Road Transport Regulations 1986 provide for the operation of FIRS vehicles, and the IRTCA and the Interstate Road Transport Charge Regulations 2001 (the Principal Regulations) provide for the registration charges for those vehicles. 

The Regulations repeal the Principal Regulations which had been put in place to establish baseline figures for annual automatic adjustments from 1 July 2002 as under section 5A of the IRTCA.  The annual adjusted charges are published in the Commonwealth of Australia Gazette each year as required under subsection 5A(3) of the IRTCA.

The Regulations in addition off-set the effect of the annual automatic adjustment to the FIRS heavy vehicle charges which came into effect on 1 July 2006 under subsection 5A(2) of the IRTCA.  Subsection 5A(2) references section 3A of the Road Transport Charges (Australian Capital Territory) Act 1993 (the ACT Act) which provides for a formula for annual automatic adjustments to heavy vehicle charges, agreed by Australian Transport Council Ministers.  Details of the calculation of the adjustment were published by the National Transport Commission as required under section 3A of the ACT Act, on 1 May 2006.  The Regulations give effect to the Australian Government’s decision to not increase the current heavy vehicle registration charges for FIRS vehicles.  Instead, they decrease the amounts of registration charges to apply in financial year 2006-07; the decrease is within the maximum 5% permitted under the IRTCA.

Schedule 1 to the Regulations sets out the registration charges for FIRS vehicles with effect from 1 July 2006 .  These charges match those published in the Commonwealth of Australia Gazette of 1 June 2005 for the financial year 1 July 2005 to 30 June 2006. 

The Regulations aim to deliver financial relief to FIRS operators at a time when petrol prices are high.

Details of the Regulations are provided in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced immediately after the annual automatic adjustment for the year beginning on 1 July 2006.

 


ATTACHMENT

Details of the Interstate Road Transport Charge Regulations 2006

Regulation 1 – Name of Regulations

This Regulation provides that the title of the Regulations is the Interstate Road Transport Charge Regulations 2006.

Regulation 2 – Commencement

This Regulation provides for the Regulations to commence immediately after the annual automatic adjustment for the year beginning on 1 July 2006, as provided for under subsection 5A(2) of the Interstate Road Transport Charge Act 1985, so as to nullify the effect of that increase.

Regulation 3 – Repeal

This regulation provides that the Interstate Road Transport Charge Regulations 2001 are repealed.

Regulation 4 – Definition

This Regulation provides that references in these Regulations to ‘Act’ mean the Interstate Road Transport Charge Act 1985.

Regulation 5 – Decrease of amount of charge

This Regulation provides for a decrease in the registration charges to off-set the annual automatic increase to heavy vehicle registration charges by inserting new registration charges in Schedule 1.  The effect of the decrease is to maintain the charges at the 2005-06 level.

Schedule 1   Annual registration charges

The Schedule identifies, in three parts, the heavy vehicle registration charges, to the nearest dollar, for vehicles registered under the Federal Interstate Registration Scheme.

Part 1 – Load carrying vehicles

Provides annual registration charges for load carrying vehicles for 2006-07. 

Part 2 – Load carrying trailer, converter dolly and low loader dolly

Provides annual registration charges for load carrying trailers, converter dollies and low loader dollies for 2006-07. 

Part 3 – Buses

Provides annual registration charges for buses for 2006-07. 

 

 

 

Overview

The Interstate Road Transport Charge Regulations 2006 were enacted under the Interstate Road Transport Charge Act 1985 to address the problem of an automatic annual adjustment in the registration charges for heavy vehicles operating under the Federal Interstate Registration Scheme (FIRS). This automatic adjustment was set to increase charges as per section 5A of the Interstate Road Transport Charge Act 1985. However, the Regulations were introduced to counteract this increase, ensuring that the registration charges for the financial year 2006-07 did not rise, instead maintaining them at the 2005-06 level. The policy objective behind these Regulations was to provide financial relief to FIRS operators amidst high petrol prices. The Interstate Road Transport Charge Regulations 2006 were issued by the Minister for Transport and Regional Services and commenced immediately after the automatic adjustment for the year beginning on 1 July 2006, effectively nullifying the increase and setting new registration charges as outlined in Schedule 1. These Regulations repealed the Interstate Road Transport Charge Regulations 2001, which had previously established the baseline figures for annual automatic adjustments.

Scope and Application

The Interstate Road Transport Charge Regulations 2006 apply to entities and persons involved in the registration of heavy vehicles under the Federal Interstate Registration Scheme (FIRS) and are subject to the provisions of the Interstate Road Transport Charge Act 1985 (IRTCA). The Act governs the registration charges for vehicles that operate across state and territory borders, with the Regulations specifically targeting the annual registration fees for these vehicles. These regulations came into effect immediately following the annual automatic adjustment for the financial year commencing 1 July 2006, thereby nullifying the otherwise applicable increase in charges. The Regulations aim to reduce the financial burden on FIRS operators by decreasing the registration charges to match those of the previous financial year, thereby maintaining the charges at the 2005-06 level. The decreased charges are detailed in Schedule 1, which outlines the annual registration fees for load carrying vehicles, trailers, and buses for the 2006-07 financial year. The scope of the regulations is confined to Commonwealth jurisdiction, and they do not include any exclusions or exemptions beyond what is specified within the Act and the Regulations themselves.

Key Provisions

The Interstate Road Transport Charge Regulations 2006 (Regulations) implement provisions of the Interstate Road Transport Charge Act 1985 (IRTCA). Section 7 of the IRTCA permits the Governor-General to make regulations, including those that decrease the amounts of charge applicable under sections 5 and 5A of the Act in relation to a year. Section 5 of the IRTCA specifies the annual charge for the registration of heavy vehicles under the Federal Interstate Registration Scheme (FIRS), while section 5A provides for an automatic annual adjustment of the amounts of charge. The Regulations decrease the amounts of charge by up to 5% of the amount that would apply in relation to the year, in line with the IRTCA’s provisions. The Regulations impose specific obligations and requirements on the entities governed by them. They primarily pertain to the registration charges for heavy vehicles under the FIRS. These charges are detailed in Schedule 1 of the Regulations, which sets out the registration charges for FIRS vehicles effective from 1 July 2006. The Regulations aim to provide financial relief to FIRS operators by maintaining the registration charges at the 2005-06 level, thereby offsetting the annual automatic increase. The decrease in charges is within the 5% limit allowed under section 5A of the IRTCA. Breach of the Interstate Road Transport Charge Regulations 2006 could result in various civil and criminal consequences, depending on the nature and severity of the violation. The IRTCA and associated regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance with the Regulations. However, non-compliance with transport-related regulations can potentially lead to fines, penalties, or other legal actions as prescribed by relevant legislation. The specific penalties would be determined by the courts based on the circumstances of each case and the applicable laws. It is important for entities governed by the Regulations to adhere to the specified registration charges and comply with all relevant provisions to avoid any legal repercussions.

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