EXPLANATORY STATEMENT
STATUTORY RULES NO. 292 OF 1986
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT
INTERSTATE ROAD TRANSPORT CHARGE ACT 1985
INTERSTATE ROAD TRANSPORT CHARGE REGULATIONS
Section 7 of the Interstate Road Transport Charge Act 1985 (‘the Act’) provides that the Governor-General may make regulations for the purposes of sub-sections 4(2) and 5(2) of the Act. The Interstate Road Transport Charge Regulations were made pursuant to section 7.
The purpose of the Regulations is to specify registration charges for vehicles registered under the Interstate Road Transport Act 1985. Two options are provided, namely:
• a charge based on the actual distance travelled by a vehicle; or
• a fixed annual charge based on an imputed average distance travelled by a class of vehicle.
The Regulations will come into force with the introduction of the Federal registration scheme. It is intended to proclaim the relevant provisions of the Act and the Interstate Road Transport Act 1985 to come into operation on 1 January 1987.
Details of the Regulations are set out in the Attachment.
ATTACHMENT
EXPLANATORY STATEMENT
INTERSTATE ROAD TRANSPORT CHARGE REGULATIONS
DETAILS OF REGULATIONS
These regulations are provided for under section 7 of the Act.
Regulation 1 is a formal provision which provides for the regulations to be called the Interstate Road Transport Charge Regulations.
Regulation 2 specifies that the terms used in these regulations have the same meanings as they do in the Interstate Road Transport Regulations. It also includes the definition of a ‘bus’ for the purposes of the regulations.
Regulation 3 in conjunction with the Schedule specifies rates of charge for particular vehicle classes.
Regulation 4 prescribes how the actual distance amount for a vehicle is to be calculated for the purposes of paragraph 5(2)(a) of the Act.
Regulation 5 prescribes how the imputed distance amount for a vehicle is to be calculated for the purposes of paragraph 5(2)(b) of the Act.
Regulation 6 in conjunction with the Schedule specifies imputed distances for particular vehicle classes.
The Schedule specifies rates of charge and imputed distances for vehicle categories for the purposes of regulations 3 and 6. A summary of charges for all classes of vehicles is provided in the attached table.
TABLE
REGISTRATION CHARGES
| Class of vehicle | Charge per kilometre | Imputed distance | Annual Registration Charge |
| | Cent | Kms | Dollars |
1. | Buses having 2 single axles and no other axles | 0.114 | 175,000 | 200 |
2. | Buses other than buses to which item 1 relates | 0.114 | 350,000 | 400 |
3. | Prime movers having 2 single axles and no other axles | 0.406 | 86,000 | 350 |
4. | Prime movers other than prime movers to which item 3 relates | 0.469 | 128,000 | 600 |
5. | Motor vehicles, other than prime movers, the gross vehicle mass of which does not exceed 4.5 tonnes | 0.469 | 16,000 | 75 |
6. | Motor vehicles, other than prime movers and buses, the gross vehicle mass of which exceeds 4.5 tonnes, being motor vehicles having 2 single axles and no other axles | 0.484 | 31,000 | 150 |
7. | Motor vehicles, other than prime movers and buses, the gross vehicle mass of which exceeds 4.5 tonnes, not being motor vehicles to which item 6 relates | 0.673 | 52,000 | 350 |
8. | Trailers | 0.063 | 119,000 | 75 |
Overview
The Interstate Road Transport Charge Regulations were enacted in 1986 under the Interstate Road Transport Charge Act 1985, with the authority of the Minister of State for Transport. This regulatory framework was introduced to address the need for a structured and consistent method of imposing charges on vehicles involved in interstate road transport. The Interstate Road Transport Charge Act 1985 provided the legislative foundation, while the regulations were crafted to implement specific charge structures in line with the policy objectives of the Act. The regulations aim to facilitate the smooth operation of the federal registration scheme by establishing clear guidelines for vehicle registration charges, which can either be based on the actual distance travelled by a vehicle or a fixed annual charge derived from an imputed average distance for a class of vehicle. This regulatory approach ensures that the charges are fair and aligned with the use of interstate roads.
Scope and Application
The Interstate Road Transport Charge Regulations, made under the Interstate Road Transport Charge Act 1985, apply to vehicles registered under the Interstate Road Transport Act 1985, providing specific registration charge options for interstate road transport. These regulations cater to various vehicle classes, including buses, prime movers, and motor vehicles, by offering either a charge based on the actual distance travelled or a fixed annual charge predicated on an imputed average distance travelled. The regulations are designed to commence with the introduction of the Federal registration scheme, intended to take effect on 1 January 1987. They specify the rates of charge and the calculation methods for both actual and imputed distances, ensuring clarity and consistency in the application of the charges. The regulations also extend their application through the Schedule, which lists detailed rates and imputed distances for each vehicle class, ensuring that all relevant stakeholders are aware of the applicable charges.
Key Provisions
The Interstate Road Transport Charge Act 1985, as supplemented by the Interstate Road Transport Charge Regulations, sets forth the regulatory framework for charging interstate road transport. Section 7 of the Act empowers the Governor-General to make regulations for specific purposes outlined in subsections 4(2) and 5(2). These regulations, which are detailed in the attached document, establish two primary options for calculating charges: a distance-based charge and a fixed annual charge based on an imputed average distance for a class of vehicle. The regulations are designed to be implemented alongside the Federal registration scheme, with the provisions of the Act and the Interstate Road Transport Act 1985 set to take effect on 1 January 1987.
The regulations impose specific obligations on parties subject to the Interstate Road Transport Charge Act 1985. For instance, Regulation 3 in conjunction with the Schedule details the rates of charge for various vehicle classes, ensuring that these charges are applied correctly. Regulation 4 outlines the method for calculating the actual distance charge for vehicles, while Regulation 5 provides the formula for calculating the imputed distance charge. Furthermore, Regulation 6, along with the Schedule, specifies the imputed distances for different vehicle classes. These regulations ensure that all parties involved understand their financial obligations under the Act and that charges are calculated consistently and fairly.
Breach of the provisions set out in the Interstate Road Transport Charge Regulations can lead to various civil or criminal consequences, depending on the severity and intent of the violation. While the explanatory statement does not detail specific penalties, it is reasonable to infer that penalties could include fines or other sanctions for non-compliance. The exact penalties would likely be outlined in other sections of the Act or in related legislation, but the intent is clear: to enforce compliance with the established regulations and ensure that all parties adhere to the prescribed charges. The regulatory framework is designed to maintain fairness and consistency in the application of charges across different vehicle classes and transport operations.