EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 34
Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
National Transport Commission Act 2003
National Transport Commission (Model Rail Safety (Amendment No. 1) Bill) 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 purpose of the proposed Regulations is to amend the model Rail Safety Bill to better reflect the intended policy underpinning the Bill. The amendments do not impose a regulatory change; they are minor and non-controversial changes arising from unintended errors and inconsistencies. 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) clarify the intended policy underpinning the model Rail Safety Bill; and
(b) remove inconsistencies and unintended errors in the model Rail Safety Bill.
The National Transport Commission (Model Rail Safety (Amendment No. 1) Bill) Regulations 2008 were developed as a result of consultations between the Parliamentary Counsel Committee (PCC) and the National Transport Commission (NTC). The amending Bill provides for a number of minor amendments and clarifications to the model Rail Safety Bill, which was approved by the Australian Transport Council (ATC) on 2 June 2006. The Bill did not require a Regulatory Impact Statement (RIS) as it did not provide for any changes to the regulatory environment. The NTC utilized the expedited approvals process pursuant to the ATC’s Approval Procedures for Reforms Addressing Administrative Processes or Minor Amendments to Agreed Reforms, which provides for delegated approval for proposals that are minor and non-controversial and which are agreed to unanimously by Transport Agency Chief Executive (TACE) members. This process also removed the need for the usual two-month, formal voting arrangements set out in the Agreements scheduled to the National Transport Commission Act 2003.
The draft model Rail Safety Amendment Bill No 1 was sent to TACE members in October 2006. TACE members unanimously endorsed the draft Amendment Bill, with the exception of clause 15(1) which was subsequently omitted from the National Transport Commission (Model Rail Safety (Amendment No. 1) Bill) Regulations 2008. The model Regulations were approved by TACE members on 24 November 2006.
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 Rail Safety (Amendment No. 1) Bill) Regulations 2008 were enacted to amend the model Rail Safety Bill, which was initially approved by the Australian Transport Council on 2 June 2006. This legislation addresses unintended errors and inconsistencies within the model Rail Safety Bill, thereby ensuring it better reflects the intended policy underpinning the Bill. Developed in consultation between the Parliamentary Counsel Committee and the National Transport Commission, these regulations aim to clarify the intended policy and remove minor, non-controversial errors without imposing any significant regulatory changes. The regulations are in model form to facilitate implementation across various jurisdictions, allowing each to adopt the amendments in the most effective manner.
The National Transport Commission Act 2003, supported by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport, provides the framework for these regulations. Under section 52 of the Act, the Governor-General is empowered to make regulations not inconsistent with the Act to carry out or give effect to it. The objects of these regulations are to clarify the intended policy underpinning the model Rail Safety Bill and to remove inconsistencies and unintended errors. The expedited approvals process was used, as the proposed changes were minor and non-controversial, with unanimous agreement from Transport Agency Chief Executive members. These regulations are not subject to disallowance or sunsetting provisions, ensuring their continued effectiveness.
Scope and Application
The National Transport Commission (Model Rail Safety (Amendment No. 1) Bill) Regulations 2008, made under the National Transport Commission Act 2003, apply to entities and persons involved in rail transport activities across Australia. These regulations aim to amend the model Rail Safety Bill to better reflect the intended policy and remove inconsistencies and unintended errors. The regulations, developed in model form, allow each jurisdiction to incorporate the amendments into their respective laws in the most effective manner. While the regulations themselves do not impose any direct legal obligations, they serve as a guide for jurisdictions to implement the necessary changes in their local rail safety legislation.
The scope of these regulations extends to all rail transport activities within the Commonwealth, states, and territories of Australia, as they are based on the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport. The regulations do not impose any new regulatory changes, but rather provide clarifications and corrections to the existing model Rail Safety Bill. The National Transport Commission and the Australian Transport Council played key roles in the development of these regulations, which were endorsed by Transport Agency Chief Executive members. The regulations are not subject to disallowance or sunsetting, as specified in the Legislative Instruments Act 2003 and the Legislative Instruments Regulations 2004.
Key Provisions
The National Transport Commission (Model Rail Safety (Amendment No. 1) Bill) Regulations 2008 provide minor amendments and clarifications to the model Rail Safety Bill, which was approved by the Australian Transport Council on 2 June 2006 (sections 1 and 2). These Regulations were developed following consultations between the Parliamentary Counsel Committee and the National Transport Commission, aimed at rectifying unintended errors and inconsistencies in the original model Bill. The amendments do not alter the regulatory environment but rather serve to refine and clarify the policy intent behind the model Rail Safety Bill (section 1).
These Regulations impose certain obligations on the parties and entities governed by them. Specifically, they require the National Transport Commission to develop model legislation that reflects the intended policy and corrects errors and inconsistencies in the original model Bill (section 1). The Transport Agency Chief Executive members play a crucial role in endorsing and approving these amendments. Once the model legislation is approved, jurisdictions are responsible for implementing these amendments in their respective laws, ensuring they align with the nationally agreed reforms (section 2).
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breaches of these Regulations. The Regulations themselves do not have the force of law, but rather serve as a repository for nationally agreed reforms that jurisdictions may choose to implement (section 7). The legislative instruments act ensures that these Regulations are not subject to disallowance or sunsetting (sections 44 and 54). Therefore, the primary focus of these Regulations is on the procedural and cooperative aspects of implementing the model Rail Safety Bill amendments across various jurisdictions.