National Transport Commission (Road Transport Legislation—Alternative Compliance Schemes) Regulations 2006
Select Legislative Instrument No. 11, 2006
made under the
National Transport Commission Act 2003
Compilation No. 1
Compilation date: 5 March 2016
Includes amendments up to: F2016L00170
Registered: 27 May 2016
About this compilation
This compilation
This is a compilation of the National Transport Commission (Road Transport Legislation—Alternative Compliance Schemes) Regulations 2006 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Commencement
3 Road transport legislation—alternative compliance schemes
Schedule 1—Alternative Compliance Schemes
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
1 Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Alternative Compliance Schemes) Regulations 2006.
2 Commencement
These Regulations commence on the day after they are registered.
3 Road transport legislation—alternative compliance schemes
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of outline primary and secondary legislation, about alternative measures regarding compliance with, and enforcement of, road law.
Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of a legislative model prepared for the former National Road Transport Commission and approved by the Australian Transport Council on 22 September 1999, but not enacted. The text has been formatted (as far as possible) in accordance with current drafting practice but is otherwise unaltered.
Schedule 1—Alternative Compliance Schemes
(regulation 3)
Contents
A Primary legislation
1 Purpose of alternative compliance schemes
2 Approval of alternative compliance schemes
3 Designation of alternative compliance schemes
4 Australian Transport Council may approve principles, standards, guidelines and business rules
5 Accrediting agency to observe business rules
6 Application for accreditation under an alternative compliance scheme
7 Accreditation
8 Matters to be considered in deciding whether to accredit a person
9 Delegation of accreditation power
10 Term of membership
11 Commencement of membership
12 Conditions of membership
13 Membership administration fees
14 Obligations and benefits of membership of an approved alternative compliance scheme
15 Immediate suspension of accreditation
16 Suspension, cancellation or variation of accreditation—general
17 Recognition of schemes
18 Offence of making false statement, etc.
19 Offence of false representation that a person is accredited
20 Definitions
21 Other matters to be included in the Bill
B Secondary legislation
A Primary legislation
A Bill should include the following matters:
1 Purpose of alternative compliance schemes
The purpose of alternative compliance schemes is to enable efficiency improvements in road transport by placing the onus on operators to develop management and operating systems, which can be audited to assure authorities of compliance with the relevant aspects of road transport law.
2 Approval of alternative compliance schemes
The accrediting agency[1] may approve in writing an alternative compliance scheme for:
(a) fatigue management;
(b) mass management; or
(c) maintenance management; or
(d) another matter about road transport that is prescribed by the regulations.
Note: This refers to another scheme or module.
3 Designation of alternative compliance schemes
An alternative compliance scheme (approved by the accrediting agency) that is consistent with the principles of National Heavy Vehicle Accreditation Scheme (NHVAS) approved by the Australian Transport Council may be designated as a national alternative compliance scheme.
4 Australian Transport Council may approve principles, standards, guidelines and business rules
(1) The Australian Transport Council may:
(a) approve written principles to be considered in deciding whether alternative compliance schemes should be approved by the accrediting agency;
(b) approve written standards and guidelines to be considered by an accrediting agency in deciding whether a person should be accredited as a member of a national alternative compliance scheme.
(2) The accrediting agency must cause a copy of principles, guidelines or standards adopted by it under subsection (1) to be published in the Government Gazette.
(3) The Australian Transport Council may also approve business rules to be observed in the administration of NHVAS national alternative compliance schemes.
5 Accrediting agency to observe business rules
The accrediting agency must administer NHVAS alternative compliance schemes in accordance with any business rules approved by the Australian Transport Council.
6 Application for accreditation under an alternative compliance scheme
(1) A person may apply to the accrediting agency for accreditation or renewal of accreditation as a member of an approved alternative compliance scheme.
(2) A person who is a member of a partnership may make an application for accreditation or renewal on behalf of the partnership.
(3) An application must:
(a) be in the form required by the business rules; and
(b) be accompanied by the documents required by the business rules or prescribed in the regulations; and
(c) contain the name and telephone number, fax number or e‑mail address of an individual as the contact point between the applicant and the accrediting agency.
7 Accreditation
(1) Subject to the regulations, the accrediting agency may accredit a person as a member of an approved alternative compliance scheme in accordance with this section.
(2) For an approved alternative compliance scheme about mass management, the accrediting agency may accredit the applicant if it is satisfied that the applicant has in place a management and operating system that allows nominated drivers and nominated vehicles to comply and to demonstrate continuing compliance with mass limits determined:
(a) for a national scheme[2]—by the Australian Transport Council; or
(b) for a non‑national scheme[3]—by the accrediting agency.
(3) For an approved alternative compliance scheme about fatigue management, the accrediting agency may accredit the applicant if it is satisfied that the applicant has in place, for its nominated drivers, a management and operating system that will result in the effective management of driver fatigue (other than through compliance with the driving hours and record keeping requirements of the relevant law in each jurisdiction).
(3A) For an approved alternative compliance scheme about maintenance management, the accrediting agency may accredit the applicant if it is satisfied that the applicant has in place for its nominated vehicles management and operating systems that allow the applicant to comply, and to demonstrate continuing compliance, with relevant standards prescribed by the relevant law in each jurisdiction.
(4) For an approved alternative compliance scheme relating to a prescribed matter about road transport, the accrediting agency may accredit the applicant in circumstances prescribed in the regulations.
8 Matters to be considered in deciding whether to accredit a person
(1) In deciding whether to accredit an applicant as a member of an approved alternative compliance scheme under the NHVAS, the accrediting agency may have regard to:
(a) a relevant audit report compiled by a person who, in the opinion of the accrediting agency, is appropriately qualified to provide the report; and
(b) the skills and training of the applicant’s nominated drivers; and
(c) the characteristics and capabilities of the applicant’s nominated vehicles; and
(d) the impact on road safety or the road infrastructure that may arise as a result of accrediting the applicant; and
(e) other matters relevant to accrediting the applicant.
(2) In deciding whether to renew an applicant’s accreditation as a member of an alternative compliance scheme, the accrediting agency may have regard to:
(a) the matters specified in subsection (1); and
(b)
(i) the compliance history of the applicant in complying with relevant laws[4], whether in or outside the jurisdiction, during any period when the person was accredited as a member of an alternative compliance scheme; or
(ii) if the person was accredited as a member of a fatigue management alternative compliance scheme, the effectiveness of the management and operating systems in managing fatigue.
9 Delegation of accreditation power
The accrediting agency may, by signed instrument, delegate to an accrediting agency in another jurisdiction its power to accredit a person as a member of an approved alternative compliance scheme.
10 Term of membership
The accrediting agency may accredit a person as a member of an approved alternative compliance scheme or renew a person’s accreditation for the period prescribed in the regulations.
11 Commencement of membership
A person’s accreditation as a member of an approved alternative compliance scheme commences on the later of:
(a) a time specified by the accrediting agency; or
(b) if the regulations prescribe a membership administration fee for the person—when the fee, or the first instalment of the fee, is paid.
12 Conditions of membership
(1) The accrediting agency may accredit a person as a member of an approved alternative compliance scheme or renew a person’s accreditation subject to specified conditions.
(2) A condition may relate to things to be done by, or that are expected of, a nominated driver of the person.
13 Membership administration fees
(1) The regulations may prescribe fees to be paid if the accrediting agency accredits a person as a member of an approved alternative compliance scheme for the administrative expense that will be incurred by the accrediting agency in implementing the person’s accreditation.
(2) If the regulations prescribe fees, the accrediting agency must, before the time of accreditation, notify the person of the amount of the fees and of the arrangements for payment.
14 Obligations and benefits of membership of an approved alternative compliance scheme
If the accrediting agency accredits a person as a member of an alternative compliance scheme, the accrediting agency must enter into an agreement with the person that specifies the obligations of the person, the requirements applicable to the person’s nominated drivers and vehicles and any benefits received, under the scheme.
15 Immediate suspension of accreditation
(1) The accrediting agency may, by notice given to a person who is accredited as a member of an alternative compliance scheme, suspend the person’s accreditation from a particular date for a period specified in the notice if it is satisfied that the suspension is necessary in the interests of public safety.
(2) The notice must:
(a) state the accrediting agency’s reasons for giving the notice; and
(b) state that the accreditation will be cancelled on a specified date for a period specified in the notice, unless the person satisfies the accrediting agency that the notice should be withdrawn.
(3) If the person does not satisfy the accrediting agency that the notice should be withdrawn, the accrediting agency must cancel the person’s accreditation.
16 Suspension, cancellation or variation of accreditation—general
(1) The accrediting agency may, if subsection (2) applies, give to a person who is accredited as a member of an alternative compliance scheme a notice stating that:
(a) it proposes to cancel or suspend the accreditation, or cancel or suspend the accreditation so far as it relates to specified nominated drivers or vehicles of the person; or
(b) it proposes to vary the accreditation in the way specified in the notice.
(2) This subsection applies if:
(a) the accrediting agency is satisfied that the person was accredited as a member on the basis of fraud or misrepresentation; or
(b) the accrediting agency is satisfied that the person or a nominated driver has contravened a condition that applies to the person under section 12; or
(c) the person or a nominated driver has been found guilty of contravening a relevant law (or proceeded against by way of infringement notice) and that the accrediting agency is satisfied that the contravention:
(i) is serious; or
(ii) is part of a persistent series of contraventions; or
(iii) taking into account the behaviour of all nominated drivers of the person, amounts to a pattern of contravening behaviour; or
(d) the accrediting agency is no longer satisfied that the person and its nominated drivers and vehicles continue to meet the requirements set out in section 7; or
(e) a fee prescribed by the regulations is due but has not been paid; or
(f) the person requests or agrees to the suspension or cancellation.
(3) The notice:
(a) must state the accrediting agency’s reasons for giving the notice; and
(b) must state that the accreditation will be cancelled or suspended so far as it relates to specified nominated drivers or vehicles of the person or varied on a specified day unless the person satisfies the accrediting agency that the notice should be withdrawn; and
(c) may state a period of suspension of the accreditation; and
(d) if the person does not satisfy the accrediting agency that the notice should be withdrawn, the accrediting agency may take the action specified in the notice.
17 Recognition of schemes
(1) The accrediting agency must recognise each national scheme and give effect to decisions made, and agreements entered into, by another accrediting agency for the purposes of the scheme.
(2) The accrediting agency may recognise a non‑national scheme approved by another accrediting agency and give effect to decisions made, and agreements entered into, by the other accrediting agency for the purposes of the scheme.
18 Offence of making false statement, etc.
A person who, in connection with an alternative compliance scheme, makes a statement or provides information that the person knows to be false or misleading in a material particular is guilty of an offence.
19 Offence of false representation that a person is accredited
A person, who by any means falsely represents himself or herself to be accredited as a member of an alternative compliance scheme or to be a person on whom a benefit under an alternative compliance scheme has been conferred, is guilty of an offence.
20 Definitions
Relevant terms should be defined in the Bill as follows:
Accrediting agency means the authority responsible for administering alternative compliance schemes.
national scheme means an alternative compliance scheme designated by the Australian Transport Council as a national alternative compliance scheme under section 3.
non‑national scheme means an alternative compliance scheme other than a national scheme.
relevant law means a road transport law to which an alternative compliance scheme relates.
21 Other matters to be included in the Bill
The regulations are to provide a system for review of decisions of the accrediting agency identified in the regulations.
The Bill should provide that information kept in relation to the administration of Alternative Compliance schemes that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the regulations or under another law.
B Secondary legislation
Regulations to support the operation of the primary legislation should be made and should prescribe the following types of matters:
any transport matter (if applicable) other than fatigue management, mass management or maintenance management which is to be subject of an Alternative Compliance scheme;
the documents which must accompany an application to be a member of an Alternative Compliance scheme including proof of identity requirements;
the term of a person’s initial membership and renewed membership of an Alternative Compliance scheme;
transfer of information between accrediting agencies which must be treated in accordance with the Information Privacy Principles in section 14 of the Privacy Act 1988 of the Commonwealth;
matters to do with review rights including notification of review rights, decisions subject to internal review or reconsideration and decisions subject to external review and associated procedural matters;
notification requirements and return of identification items issued to the accredited operator. eg changes to nominated vehicles and drivers;
any standard conditions or “contract” to be applied to be members which could be referenced in the regulations or set out in full in the regulations.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
National Transport Commission (Road Transport Legislation—Alternative Compliance Schemes) Regulations 2006 (SLI No. 11, 2006) | 20 Feb 2006 (F2006L00256) | 21 Feb 2006 (r 2) |
|
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 44): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
r 3..................... | am F2016L00170 |
Schedule 1 |
|
s 7..................... | ed C1 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Section 7 of Schedule 1
Kind of editorial change
Renumbering of provisions
Details of editorial change
Section 7 of Schedule 1 contains two subsection (3)s and a subsection (4).
This compilation was editorially changed by renumbering the second occurring subsection (3) to subsection (3A).
[1] See the definition of accrediting agency on page 7 of this attachment
[2] See the definition of national scheme on page 7 of this attachment
[3] See the definition of non-national scheme on page 7 of this attachment
[4] See the definition of relevant law on page 7 of this attachment