Motor Vehicle Standards Regulations (Amendment) 1991 No. 330
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 330
Issued by the authority of the Minister for Land Transport
Motor Vehicle Standards Act 1989
Motor Vehicle Standards Regulations (Amendment)
Section 48 of the Motor Vehicle Standards Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 24 of the Act provides that the regulations may prescribe fees, or a method of calculating fees, to be paid to the Commonwealth in respect of the placing, or approval of the placing, of compliance plates on a vehicle. The Schedule to the Motor Vehicle Standards Regulations sets out fees presently payable for the various services provided by the Commonwealth pursuant to the Act.
It is intended that the fees for the granting of an authority to place a compliance plate on a vehicle that is not a motor cycle, and on a motor cycle, should be increased so that the fees continue to represent full recovery of the cost of the service. The Regulations therefore increase the fees payable for these two services in line with inflation.
The fee for an authority to place a compliance plate on a motor vehicle that is not a motor cycle was formerly $5.00, and for an authority to place a compliance plate on a motor cycle, $2.50. The Regulations increase these fees to $6.50 and $3.25 respectively. The Regulations also insert the word "motor" in Item 2 of the Schedule for reasons of consistency with Item 1.
The regulations commenced on 1 November 1991.
Overview
The Motor Vehicle Standards Regulations (Amendment) 1991 No. 330, issued under the authority of the Minister for Land Transport, amends the Motor Vehicle Standards Regulations 1990 to update the fees associated with placing compliance plates on vehicles. Enacted to address the need for fee adjustments in line with inflation, these amendments ensure that the fees for the services provided under the Motor Vehicle Standards Act 1989 continue to reflect the full cost of these services. The regulations specifically increase the fees for placing compliance plates on motor vehicles and motorcycles from $5.00 and $2.50 to $6.50 and $3.25 respectively. These changes, which took effect on 1 November 1991, aim to maintain the financial integrity of the regulatory framework while providing a transparent and consistent fee structure.
Scope and Application
The Motor Vehicle Standards Regulations (Amendment) 1991 No. 330 applies to the Motor Vehicle Standards Act 1989, governing the fees associated with the placement and approval of placing compliance plates on vehicles. Specifically, it targets both motor vehicles and motor cycles, ensuring the fees charged for these services continue to cover the full cost of the services provided by the Commonwealth. This regulation amendment alters the fees prescribed under the Act, reflecting necessary adjustments to account for inflation. The amendments adjust the fee for placing a compliance plate on a motor vehicle from $5.00 to $6.50, and for a motor cycle from $2.50 to $3.25. These changes were implemented to maintain the financial equilibrium between the costs incurred by the Commonwealth and the fees charged. The regulations commenced on 1 November 1991 and extend to the entire Commonwealth, encompassing all states and territories within Australia. There are no specific exclusions or exemptions mentioned in the explanatory statement, and the application of these regulations is confined to the adjustments outlined in the Schedule.
Key Provisions
The Motor Vehicle Standards Regulations (Amendment) 1991 No. 330 (the Regulations) amends the fees for the placing of compliance plates on motor vehicles under the Motor Vehicle Standards Act 1989 (the Act). Specifically, Section 48 of the Act allows the Governor-General to make regulations for the purposes of the Act, and Section 24 specifies that these regulations can prescribe fees for certain services related to compliance plates. The Schedule to the Motor Vehicle Standards Regulations sets out these fees, which the Regulations now update. The amendments increase the fees to reflect the cost of the services provided, ensuring that the fees continue to cover the full cost incurred by the Commonwealth.
The Regulations impose updated fee structures for two main services: placing a compliance plate on a motor vehicle that is not a motorcycle, and placing a compliance plate on a motorcycle. Previously, the fee for the former was $5.00, and for the latter, $2.50. These fees have been increased to $6.50 and $3.25 respectively. Additionally, the Regulations introduce consistency in terminology by inserting the word "motor" in Item 2 of the Schedule, aligning it with Item 1.
The obligations imposed by the Regulations on the parties involved include the requirement to pay the updated fees as specified in the Schedule. Entities responsible for placing compliance plates on vehicles must adhere to these new fee structures when seeking an authority to do so. This includes ensuring that all applications and payments are made in accordance with the updated fees to avoid any non-compliance with the Act.
The Regulations provide for civil and criminal consequences for non-compliance. Any party failing to pay the updated fees as required by the Regulations may be subject to fines or other penalties as prescribed under the Act. While the specific penalties are not detailed in the explanatory statement, it is implied that non-compliance could lead to enforcement actions, including potential legal proceedings under the Motor Vehicle Standards Act 1989.