Interstate Road Transport Charge Regulations (Amendment) 1991 No. 344
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 344
Issued by the authority of the Minister for Land Transport Interstate Road Transport Charge Act 1985
Interstate Road Transport Charge Regulations (Amendment)
Section 7 of the Interstate Road Transport Charge Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of subsections 4(2) and 5(2) of the Act. The Interstate Road Transport Charge Regulations (the regulations) are made under that section. Subsections 4(2) and 5(2) of the Act provide that the regulations may fix the actual charge payable by the owner of a motor vehicle or trailer.
The Act was amended in 1991 by the Interstate Road Transport Charge Amendment Act 1991 (the Amendment Act) to remove limits on the amount of charge that may be fixed by regulations under the Act. The amounts fixed by the regulations exceed those formerly able to be imposed and the regulations therefore depend on the coming into force of the Amendment Act. The Amendment Act received Royal Assent on 2 September 1991 and was, under subsection 2(1), to commence on a day to be fixed by Proclamation. His Excellency the Governor-General in Council fixed 15 November 1991 as the date on which the Amendment Act came into force.
Under the Act and the Interstate Road Transport Act 1985, owners may elect to pay registration charges either at a flat rate or on the basis of distance travelled. The flat registration charge is determined for a vehicle of a particular class by multiplying the charge per kilometre in column 4 of the Schedule ("Rate of Charge and Imputed Distance)" by the imputed distance set out in column 5. The cents per kilometre figures in column 4 are also used in determining registration charges according to distance travelled.
The Schedule has been amended by the insertion of proposed new items 4A and 4B to provide for registration charges for prime movers to be operated in a B-double combination having up to 7 axles and having 8 axles.
The regulations commenced on 15 November 1991.
Overview
The Interstate Road Transport Charge Regulations (Amendment) 1991 No. 344, issued under the Interstate Road Transport Charge Act 1985, were enacted to amend the existing Interstate Road Transport Charge Regulations and respond to the Interstate Road Transport Charge Amendment Act 1991. The purpose of this amendment was to remove the previous limitations on the amount of charge that could be fixed by regulations under the Act, allowing for increased charges to be imposed. The Interstate Road Transport Charge Act 1985 was initially introduced to provide for the payment of a charge by the owner of a motor vehicle or trailer used on an interstate road, with the option to pay registration charges either at a flat rate or based on distance travelled. The 1991 Amendment Act was passed by the Australian Parliament to facilitate the increase in charges, with Royal Assent received on 2 September 1991 and the regulations coming into effect on 15 November 1991. The policy objective of this legislative change was to provide the necessary flexibility to adjust the charges according to the needs of interstate road transport, without being restricted by the previous limitations.
Scope and Application
The Interstate Road Transport Charge Regulations (Amendment) 1991 No. 344 applies to the owners of motor vehicles and trailers engaged in interstate transport, particularly those who opt for distance-based registration charges. This amendment extends to vehicles with specified axle configurations, notably prime movers used in B-double combinations. Geographically, the regulations pertain to the entire Commonwealth of Australia, as they are made under the Interstate Road Transport Charge Act 1985, which has a national scope. The Amendment Act, which came into effect on 15 November 1991, removes previous limitations on the amount of charge that can be fixed by the regulations, allowing for higher charges. The regulations depend on the Amendment Act and thus, the new charges are applicable from the date the Amendment Act commenced. The regulations also incorporate changes to the Schedule to include new items for vehicles with up to 7 axles and 8 axles in B-double combinations. Any additional application or exclusion criteria are defined within the regulations and any subordinate instruments issued under the Act.
Key Provisions
The primary operative sections of the Interstate Road Transport Charge Regulations (Amendment) 1991 No. 344 are sections 4(2) and 5(2) of the Interstate Road Transport Charge Act 1985. These sections empower the Governor-General to establish regulations for determining the actual charges payable by owners of motor vehicles or trailers. Specifically, the regulations now allow for higher charges than previously permitted, reflecting amendments introduced by the Interstate Road Transport Charge Amendment Act 1991. The Amendment Act, which received Royal Assent on 2 September 1991, removed prior limitations on the amounts that could be fixed by regulations. The Amendment Act came into force on 15 November 1991, as proclaimed by the Governor-General. The regulations thus provide for increased charges based on either a flat rate or distance travelled, with new items added to the Schedule for specific vehicle types.
The Interstate Road Transport Charge Regulations (Amendment) impose several obligations on the parties involved. Owners of motor vehicles or trailers must now comply with the new charges as stipulated in the regulations. They have the option to pay either a flat registration fee or a charge based on the distance travelled, with the flat fee determined by the applicable rate per kilometre multiplied by the imputed distance. Additionally, new items in the Schedule cater to specific vehicle types, ensuring that appropriate charges are applied to vehicles such as prime movers in B-double combinations with up to 7 or 8 axles.
Breach of the Interstate Road Transport Charge Regulations (Amendment) may result in various consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance could lead to civil or criminal liabilities under the Act. Typically, such breaches might result in fines or other penalties as prescribed by the legislation. The maximum penalties for such offences are not explicitly stated in the explanatory statement, but they would generally align with the provisions outlined in the Interstate Road Transport Charge Act 1985. These could include monetary fines or other legal repercussions, depending on the severity and frequency of the breach.