National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003
No. 82, 2003
An Act to repeal the National Road Transport Commission Act 1991, to deal with consequential and transitional matters arising from the repeal of that Act and the enactment of the National Transport Commission Act 2003, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments and repeal
National Environment Protection Council Act 1994
National Road Transport Commission Act 1991
Road Transport Charges (Australian Capital Territory) Act 1993
Schedule 2—Transitional matters
National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003
No. 82, 2003
An Act to repeal the National Road Transport Commission Act 1991, to deal with consequential and transitional matters arising from the repeal of that Act and the enactment of the National Transport Commission Act 2003, and for related purposes
[Assented to 6 September 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 6 September 2003 |
2. Schedule 1, items 1 and 2 | At the same time as section 3 of the National Transport Commission Act 2003 commences | 15 January 2004 |
3. Schedule 1, item 3 | The day on which this Act receives the Royal Assent | 6 September 2003 |
4. Schedule 1, items 4 to 8 | At the same time as section 3 of the National Transport Commission Act 2003 commences | 15 January 2004 |
5. Schedule 2 | At the same time as section 3 of the National Transport Commission Act 2003 commences | 15 January 2004 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments and repeal
National Environment Protection Council Act 1994
1 Paragraph 14(2)(a)
Omit “Road”.
2 Paragraph 14(2)(b)
Omit “National Road Transport Commission Act 1991”, substitute “National Transport Commission Act 2003”.
National Road Transport Commission Act 1991
3 Section 46
Repeal the section.
4 The whole of the Act
Repeal the Act.
Road Transport Charges (Australian Capital Territory) Act 1993
5 Subsection 3A(3)
Omit “Road”.
6 Subclause 5(2) of Part 4 of the Schedule (definition of most recent annual report)
Omit “Road”.
7 Paragraph 5(4)(a) of Part 4 of the Schedule
Omit “Road” (second occurring).
8 Subclause 5(5) of Part 4 of the Schedule
Omit “Road”.
Schedule 2—Transitional matters
1 Transfer of assets and liabilities
On the commencement of sections 3 to 52 of the National Transport Commission Act 2003, the assets and liabilities of the National Road Transport Commission become the assets and liabilities of the National Transport Commission.
2 Annual report for the financial year in which this item commenced
To avoid doubt, the obligations imposed on the members of the Commission by:
(a) section 9 of the Commonwealth Authorities and Companies Act 1997; and
(b) section 38 of the National Transport Commission Act 2003;
to prepare an annual report on the Commission for the financial year in which this item commenced extend, in relation to the operations of the National Road Transport Commission, to so much of the financial year as occurred before this item commenced.
3 Road transport reform legislation unaffected
After the commencement of this item, references in:
(a) the Road Transport Reform (Dangerous Goods) Act 1995; or
(b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997; or
(c) the Road Transport Reform (Vehicles and Traffic) Act 1993;
to the National Road Transport Commission Act 1991 are taken to be references to that Act as in force immediately before the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 4 June 2003
Senate on 14 August 2003]
Overview
The National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 (C2004A01167) was enacted by the Parliament of Australia to address the consequential and transitional matters arising from the repeal of the National Road Transport Commission Act 1991 and the enactment of the National Transport Commission Act 2003. This Act ensures a seamless transition in the regulation and management of national transport by transferring the assets and liabilities of the former commission to the new National Transport Commission while also adjusting related legislative provisions to reflect this change. The policy objective is to facilitate the efficient implementation of national transport reforms by providing clarity and continuity in the legislative framework governing transport in Australia.
The Act repeals the National Road Transport Commission Act 1991 and makes consequential amendments to other related Acts to ensure consistency with the new legislative regime. Transitional provisions are included to manage the shift in responsibilities from the National Road Transport Commission to the National Transport Commission, including the transfer of assets, liabilities, and obligations such as the preparation of annual reports. This legislative framework ensures that the reform process is orderly and that there are no gaps in the regulation of national transport during the transition period.
Scope and Application
The National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 applies to various entities and legislative instruments in response to the repeal of the National Road Transport Commission Act 1991 and the introduction of the National Transport Commission Act 2003. This Act affects the National Road Transport Commission, the National Environment Protection Council, and specific Acts concerning road transport charges in the Australian Capital Territory. The provisions address the transfer of assets, liabilities, and responsibilities from the National Road Transport Commission to the National Transport Commission, ensuring a smooth transition and continuity in regulatory functions. This Act applies nationally across Australia, with specific amendments made to federal and territory legislation to reflect the new regulatory framework. Certain exclusions and transitional provisions are outlined to ensure clarity and minimal disruption during the legislative changeover. The Act also extends its application through subordinate instruments to cover related consequential amendments, ensuring comprehensive legislative alignment with the new transport commission's role.
Key Provisions
The National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 (C2004A01167) primarily serves to repeal the National Road Transport Commission Act 1991 and address the consequential and transitional issues arising from this repeal and the enactment of the National Transport Commission Act 2003. The operative sections of the Act, detailed in Schedule 1, focus on amending and repealing various provisions in related legislation to reflect the new legal framework established by the National Transport Commission Act 2003. For instance, section 1(1) of Schedule 1 amends the National Environment Protection Council Act 1994 by omitting the word "Road" and substituting the "National Road Transport Commission Act 1991" with the "National Transport Commission Act 2003" in certain paragraphs. Similarly, section 3 of Schedule 1 repeals section 46 and the entire National Road Transport Commission Act 1991, and makes corresponding changes to the Road Transport Charges (Australian Capital Territory) Act 1993.
The Act imposes several obligations on parties and entities governed by the repealed and amended legislation. For instance, Schedule 2 mandates the transfer of assets and liabilities from the National Road Transport Commission to the National Transport Commission upon the commencement of sections 3 to 52 of the National Transport Commission Act 2003. Furthermore, it specifies that the obligations of the Commission members to prepare an annual report extend to cover the operations of the National Road Transport Commission for the portion of the financial year that occurred before the commencement of this item. This ensures a smooth transition and continuity of operations.
The Act also outlines penalties and consequences for breaches of its provisions. While specific penalties are not detailed in the Act itself, it is implied that breaches of the amended or repealed Acts could incur penalties under the respective original Acts. For instance, under the National Road Transport Commission Act 1991, certain offences could result in fines, imprisonment, or both, depending on the severity of the breach. Similarly, other related Acts might impose their own sanctions for non-compliance. The exact penalties would need to be referred to in the respective original Acts.