EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 386
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT
Subject: Interstate Road Transport Act 1985 - Interstate Road Transport Regulations (Amendments)
Sub-section 56(1) of the Interstate Road Transport Act 1985 (‘the Act’) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Interstate Road Transport Regulations (‘the existing Regulations’) are made pursuant to that sub-section.
The Act, as amended by the Statute Law (Miscellaneous Provisions) Act (No 1) 1986, provides in part for the establishment of a Federal interstate registration scheme for vehicles engaged solely in interstate trade and commerce. The scheme is designed to remove a longstanding anomaly under existing State arrangements which allows interstate vehicles to avoid making a reasonable contribution to road damage costs.
The Act has recently been amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 1986 (No assented to 19 ). The existing Regulations have been amended to reflect these changes to the Act as well as correct minor drafting anomalies.
Details of the amending Regulations are set out in the attachment. The majority of amendments cover the inclusion in the Act of a definition of insurance which incorporates motor vehicle accident compensation schemes as well as third party insurance. These schemes are currently operating in the Northern Territory and Tasmania and will be commencing in Victoria from 1 January 1987. In addition, the amending Regulations allow for the use of certain types of charge monitoring devices which are now provided for in the Act.
Provisions of the Act relating to the Federal interstate registration scheme are to be proclaimed to come into effect on 1 January 1987. The principal and amending Regulations will also come into operation from that date.
ATTACHMENT
EXPLANATORY STATEMENT
INTERSTATE ROAD TRANSPORT REGULATIONS (AMENDMENTS)
DETAILS OF AMENDING REGULATIONS
Regulation 1 cites the Principal Regulations.
Regulation 2 replaces existing Regulation 6 so as to include in the definition of approved insurers the Victorian insurer for trailers. This is necessary due to changed insurance arrangements commencing in Victoria from 1 January 1987.
Regulation 3 amends existing Regulation 8 by substituting a reference to ‘third party insurance’ with a broader insurance description to include motor vehicle accident compensation schemes. It also corrects a minor drafting error.
Regulation 4 repeals existing Regulation 9 and replaces it with the requirement that a registered vehicle is covered either by a motor vehicle accident compensation scheme or a third party insurance policy during the period of registration.
Regulation 5 amends existing sub-regulation 10(1) to remove the need for third-party insurance to be taken out in those States or Territories which operate motor vehicle accident compensation schemes.
Regulation 6 amends existing Regulation 12 so as to cover Victorian insurance arrangements for the registration of trailers under the Federal scheme (see amending Regulation 2). It also corrects a minor drafting error.
Regulation 7 corrects a minor drafting error in existing sub-regulation 33(1) and clarifies the meaning of sub-regulation 33(7) to ensure consistency with the Act.
Regulation 8 corrects a minor drafting error in existing Regulation 45.
Regulation 9 amends existing Regulation 47 to accommodate the use of certain types of charge monitoring devices provided for under an amendment to section 39 of the Act. It also omits a reference to Schedule 3 which has been deleted from the Regulations.
Regulation 10 amends existing Regulation 48 to provide for the use of certain types of charge monitoring devices in a similar manner to the changes to Regulation 47. (See amending Regulation 9)
Regulation 11 amends existing Schedule 1 by omitting references to approved third-party insurers in those States and Territories which operate or will operate motor vehicle accident compensation schemes viz. Victoria, Tasmania and the Northern Territory.
Regulation 12 amends those clauses of existing Schedule 2 relating to the use of certain types of charge monitoring devices in a similar manner to the changes to Regulation 47. (See amending Regulation 9)
Regulation 13 repeals existing Schedule 3 reflecting an amendment to section 39 of the Act which replaces the use of a prescribed form with an approved form.