EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 276
Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
National Transport Commission Act 2003
National Transport Commission (Model Amendments Regulations: Australian Road Rules– Package No. 6) Regulations 2008
Section 52 of the National Transport Commission Act 2003 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all 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 provisions of the Act are supported by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport (IGA), which serves to formalise the cooperative arrangements between the Commonwealth, States and Territories and define the roles and responsibilities of the National Transport Commission, the Australian Transport Council and the jurisdictions. Clause 14 of the IGA requires the Commonwealth to submit model legislation for inclusion in schedules to regulations under the Act. The proposed Regulations would implement this commitment.
The Regulations provide Australian Road Rule provisions for nationally consistent implementation in each State and Territory. The Regulations are in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available – for instance, the provisions may be incorporated into the law of a jurisdiction by way of amendment of existing legislation.
The objects of the Regulations are to:
(a) reflect current needs, based on operational experience in all jurisdictions;
(b) remove ambiguities that will facilitate the enforcement and administration of traffic law;
(c) update the road rules to help achieve the desired changes to on-road behaviour;
(d) simplify and clarify traffic laws to reduce confusion amongst road users and improve road safety; and
(e) amend the Australian Road Rules with respect to bicycle storage areas, painted islands, hand-held stop signs and formatting.
The Australian Road Rules 6th Amendment Package Regulations were developed and refined through extensive consultations with the Commonwealth, State and Territory road safety, traffic, road transport and enforcement authorities. The Australian Road Rule maintenance process commenced in 2003 and continued in 2004 and 2005, during which a number of issues with the road rules were identified. Following face to face deliberations and discussions with the Australian Road Rules Maintenance Group, the NTC developed the 6th Amendment Package 2006 for consideration by Transport Agency Chief Executives (TACE) and the Australian Transport Council (ATC).
The model Regulations were circulated for public comment in October 2006 along with a draft Regulation Impact Statement (RIS). The RIS was assessed and approved by the Commonwealth Office of Regulation Review. The Regulations were approved by the Australian Transport Council (ATC) on 11 May 2007.
Section 7 of the Act provides that the regulations may set out model legislation, being legislation developed by the NTC in accordance with the IGA. Paragraph 7(2)(a) provides that model legislation does not have the force of law. The schedules to the regulations serve only as a repository for nationally agreed reforms, which may then be implemented by jurisdictions.
Item 44 of the table to subsection 44(2) of the Legislative Instruments Act 2003 together with item 7 of Schedule 2 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to disallowance. In addition, item 51 of the table to subsection 54(2) of the Legislative Instruments Act 2003 together with item 4 of Schedule 3 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to sunsetting.
Overview
The National Transport Commission (Model Amendments Regulations: Australian Road Rules– Package No. 6) Regulations 2008 were enacted to address issues and gaps identified in the Australian Road Rules through nationally consistent implementation. This legislation, under the National Transport Commission Act 2003, was introduced to enhance road safety, reduce ambiguities in traffic laws, and facilitate better enforcement and administration of traffic regulations. The enacting body for these Regulations is the Australian Government, as authorised by the Minister for Infrastructure, Transport, Regional Development and Local Government. The primary policy objective of these Regulations is to reflect current operational needs, remove ambiguities in traffic laws, update road rules to promote safer on-road behaviour, simplify and clarify traffic laws, and amend specific aspects of the Australian Road Rules such as bicycle storage areas, painted islands, hand-held stop signs, and formatting.
Scope and Application
The National Transport Commission (Model Amendments Regulations: Australian Road Rules– Package No. 6) Regulations 2008, pursuant to Section 52 of the National Transport Commission Act 2003, establish a framework for nationally consistent implementation of road rules across all Australian jurisdictions. These regulations aim to reflect contemporary needs, remove ambiguities, update road rules to influence on-road behaviour, and simplify traffic laws to enhance road safety. They apply to all road users, including drivers, cyclists, and pedestrians, within the Commonwealth, states, and territories, ensuring a unified approach to road safety legislation. The model form of these regulations allows each jurisdiction to adopt them in the manner most suitable to its existing legislative framework, thereby facilitating efficient and effective implementation. While the regulations themselves do not have the force of law, they serve as a repository for reforms that jurisdictions can enact into their own laws. Additionally, these regulations are exempt from disallowance and sunsetting provisions, ensuring their stability and continued application without the need for periodic renewal.
Key Provisions
The National Transport Commission (Model Amendments Regulations: Australian Road Rules – Package No. 6) Regulations 2008 (Regulations) provide a set of amendments to the Australian Road Rules to ensure they are consistent across all states and territories. These amendments are based on operational experience, aim to remove ambiguities, update the road rules to change on-road behaviour, simplify and clarify traffic laws, and make specific changes to bicycle storage areas, painted islands, hand-held stop signs, and formatting. The Regulations are made under section 52 of the National Transport Commission Act 2003 (Act), which allows the Governor-General to make regulations necessary for carrying out or giving effect to the Act. These Regulations serve as a model that can be adapted by individual jurisdictions for implementation into their local laws.
The Regulations impose obligations on the National Transport Commission (NTC) to develop and refine the model provisions through consultations with relevant authorities across the Commonwealth, states, and territories. The NTC must ensure that the model amendments reflect current needs, remove ambiguities, update rules to achieve desired behavioural changes, simplify and clarify traffic laws, and amend specific aspects of the road rules as outlined in the objects of the Regulations. Jurisdictions are required to adopt these model provisions in a manner that is convenient and effective for their regulatory frameworks, potentially through amendments to existing legislation.
Breaching the provisions of the Australian Road Rules as amended by these Regulations may result in civil or criminal consequences depending on the nature and severity of the breach. The specific penalties for breaches are determined by the laws of the relevant jurisdiction, as the Regulations themselves do not impose penalties. However, the Regulations serve as a model, and any amendments made to the road rules by the jurisdictions must be consistent with the intent of the model provisions. Jurisdictions may impose fines, demerit points, or even criminal penalties for serious breaches, such as dangerous driving or failure to comply with traffic signals. The exact penalties will depend on the local laws of the jurisdiction where the breach occurred.
The Regulations, as they are in model form, do not have the force of law themselves but are intended to be implemented by individual jurisdictions. This means that while the Regulations themselves do not provide for specific penalties, their adoption into local laws will carry the penalties prescribed by those laws. The Regulations are not subject to disallowance or sunsetting, as specified by items 44 and 51 of the Legislative Instruments Act 2003 and the corresponding items in the Legislative Instruments Regulations 2004. This ensures that the model provisions remain in effect unless and until they are formally amended or repealed by the jurisdictions.