Interstate Road Transport Charge Regulations (Repeal) 1995 No. 150
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 150
Issued by the Authority of the Minister for Transport Interstate Road Transport Charge Act 1965
Interstate Road Transport Charge Regulations (Repeal)
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.
Amendments to the interstate Road Transport Act 1985 (IRT Act) and the Interstate Road Transport Charge Act 1985 provide for the application of national heavy vehicle registration charges determined through the National Road Transport Commission process to apply to vehicles registered under the Federal Interstate Registration Scheme (FIRS). The new charges form a Schedule to the Interstate Road Transport Charge Amendment Act 1995.
The amendments to the IRT Act also provide for the removal of the option to pay, a registration charge based on actual distance travelled using a charge monitoring device.
Money collected from registration charges is paid to the States and Territories for expenditure on the maintenance and upkeep of roads that are used by vehicles registered under FIRS.
As a consequence of these amendments, there are no provisions remaining in the Regulations.
The amendment repeals the Interstate Road Transport Charge Regulations as amended.
The Regulations commenced on 1 July 1995.
Overview
The Interstate Road Transport Charge Regulations (Repeal) 1995 No. 150, issued under the authority of the Minister for Transport, aims to repeal the Interstate Road Transport Charge Regulations, which were originally made under the Interstate Road Transport Charge Act 1965. This repeal was necessitated by amendments introduced by the Interstate Road Transport Charge Amendment Act 1995. These amendments introduced a national heavy vehicle registration charge determined through the National Road Transport Commission process, which applies to vehicles registered under the Federal Interstate Registration Scheme. Consequently, the registration charge based on actual distance travelled, previously fixed by the Regulations, is no longer applicable. The Interstate Road Transport Charge Regulations were consequently rendered redundant and were repealed on 1 July 1995. The policy objective of these amendments is to streamline and modernise the interstate road transport regulatory framework, ensuring it aligns with contemporary national transport policies.
Scope and Application
The Interstate Road Transport Charge Regulations (Repeal) 1995 No. 150, issued under the authority of the Minister for Transport, repeals the existing Interstate Road Transport Charge Regulations made under the Interstate Road Transport Charge Act 1985. The repealed Regulations, which originally fixed the actual charge payable by the owner of a motor vehicle or trailer, are no longer necessary due to amendments to both the Interstate Road Transport Act 1985 and the Interstate Road Transport Charge Act 1985. These amendments introduce national heavy vehicle registration charges determined by the National Road Transport Commission and applicable to vehicles registered under the Federal Interstate Registration Scheme (FIRS). The new charges are detailed in a Schedule to the Interstate Road Transport Charge Amendment Act 1995. Additionally, the amendments remove the option to pay a registration charge based on actual distance travelled using a charge monitoring device. Funds collected from the registration charges are directed to the States and Territories for the maintenance and upkeep of roads used by vehicles registered under the FIRS. The repeal of the Regulations reflects the new regulatory framework which is intended to streamline and modernise the system of charges for interstate road transport.
Key Provisions
The Interstate Road Transport Charge Regulations (Repeal) 1995 No. 150 represents a significant legislative change, primarily affecting the administration of road transport charges across Australian states. Section 7 of the Interstate Road Transport Charge Act 1985 (the Act) empowers the Governor-General to create regulations, and the Repeal Regulations are established under this authority. Specifically, subsections 4(2) and 5(2) of the Act, which previously allowed the regulations to specify the actual charge payable by the owner of a motor vehicle or trailer, are rendered obsolete by the recent amendments to the Interstate Road Transport Act 1985 and the Interstate Road Transport Charge Act 1985.
These amendments introduce a new national heavy vehicle registration charge system, which is determined through the National Road Transport Commission process and applies to vehicles registered under the Federal Interstate Registration Scheme (FIRS). The new charges are detailed in a Schedule to the Interstate Road Transport Charge Amendment Act 1995, effectively replacing the previously applicable regulations. Furthermore, the Interstate Road Transport Act 1985 amendments also eliminate the option for vehicle owners to pay a registration charge based on the actual distance travelled, using a charge monitoring device. This change simplifies the registration process and aligns it with the new national charge system.
The obligations and requirements imposed by the Interstate Road Transport Charge Regulations (Repeal) 1995 No. 150 primarily revolve around the transition to the new national heavy vehicle registration charges. Road transport operators must now comply with the new charges outlined in the Schedule of the Interstate Road Transport Charge Amendment Act 1995. This includes registering their vehicles under the FIRS and paying the specified registration fees, which are earmarked for road maintenance and upkeep. The repeal of the existing regulations means that transport operators no longer need to adhere to the previous charge structures and monitoring methods.
Breaches of the new regulatory requirements may have both civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of similar legislation typically result in fines and potential legal action. The exact penalties would be prescribed in the Interstate Road Transport Charge Amendment Act 1995 or related statutes. It is crucial for road transport operators to ensure compliance with the new regulations to avoid any legal ramifications or financial penalties associated with non-compliance.