EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 155
Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
National Transport Commission Act 2003
National Transport Commission (Road Transport Legislation- Australian Road Rules) Amendment Regulations 2008 (No. 1)
National Transport Commission (Road Transport Legislation- Australian Road Rules) Amendment Regulations 2008 (No. 2)
National Transport Commission (Road Transport Legislation- Australian Road Rules) Amendment Regulations 2008 (No. 3)
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 seatbelts, scooters and general traffic rules.
The Australian Road Rules 5th 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 5th Amendment Package 2005 for consideration by Transport Agency Chief Executives (TACE) and the Australian Transport Council (ATC).
The model Regulations were circulated for public comment in July 2005 along with a draft Regulation Impact Statement (RIS). The RIS was assessed and approved by the Commonwealth Office of Regulation Review. The Regulations and RIS were approved by the Australian Transport Council (ATC) on 29 June 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 (Road Transport Legislation – Australian Road Rules) Amendment Regulations 2008 (No. 1), (No. 2) and (No. 3) were enacted in 2008 to address the need for nationally consistent road rules in Australia, in line with the National Transport Commission Act 2003. This legislation was introduced to streamline and modernise the Australian Road Rules, ensuring they reflect contemporary needs and operational experiences across all jurisdictions. The policy objective of these regulations is to enhance road safety by removing ambiguities, updating rules to improve on-road behaviour, and simplifying traffic laws to reduce confusion among road users. Developed through extensive consultations with road safety, traffic, road transport, and enforcement authorities from the Commonwealth, states, and territories, these regulations provide model provisions that can be implemented by individual jurisdictions in a manner most suitable to their regulatory frameworks. The regulations were subject to public consultation and approved by the Australian Transport Council, ensuring broad stakeholder support and alignment with national road safety objectives.
Scope and Application
The National Transport Commission (Road Transport Legislation - Australian Road Rules) Amendment Regulations 2008 apply to all road users across Australia, including individuals, entities, and local governing bodies responsible for road transport. These Regulations are designed to ensure consistent implementation of road rules in every state and territory, supporting the broader objectives of the National Transport Commission Act 2003. The scope of the Regulations extends to providing model provisions that each jurisdiction can adapt and incorporate into their own legislative frameworks, thus facilitating a cohesive approach to road transport legislation across the nation. The Regulations aim to address contemporary needs, clarify ambiguities, enhance road safety, and update road rules based on operational experiences and feedback from various jurisdictions. Exclusions or exemptions are not explicitly stated in the text, and the Regulations do not impose direct legal force but rather serve as a model for jurisdictions to adopt in their own laws. The inter-governmental nature of the Regulations is underscored by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport, which formalises cooperative arrangements and delineates roles and responsibilities among the Commonwealth, states, and territories.
Key Provisions
The National Transport Commission (Road Transport Legislation- Australian Road Rules) Amendment Regulations 2008 (Nos. 1, 2, and 3) are legislative instruments made under Section 52 of the National Transport Commission Act 2003. These Regulations aim to update and refine the Australian Road Rules, ensuring that they reflect contemporary needs, address ambiguities, and enhance road safety. They include provisions related to seatbelts, scooters, and general traffic rules. The Regulations are in model form, allowing each state and territory to adopt them in a manner that suits their regulatory frameworks.
These Regulations impose several obligations on the parties and entities they govern. Firstly, they require states and territories to implement the model provisions into their respective road laws, ensuring consistency across the nation. The Regulations demand that jurisdictions review and, where necessary, amend their existing legislation to incorporate the new provisions. Additionally, they mandate the National Transport Commission and other relevant authorities to maintain ongoing consultations and provide updates on road safety issues and enforcement practices.
Failure to comply with the provisions set out in these Regulations can result in various consequences. While the Regulations themselves do not carry the force of law, the states and territories are obligated to enact them into their local laws. Non-compliance by a jurisdiction in implementing the model provisions could lead to inconsistencies in road rules and potentially impact road safety. Furthermore, failure to adhere to the updated road rules could result in fines, demerit points, or other penalties as prescribed by the respective state or territory legislation.
The maximum penalties for breaches of the Australian Road Rules, as amended by these Regulations, vary depending on the jurisdiction. Generally, penalties can include fines, court appearances, and the accumulation of demerit points on a driver's license. For example, offences such as driving without a seatbelt or improper use of a scooter could incur fines ranging from AUD 150 to AUD 500, depending on the jurisdiction and the specific circumstances of the offence. In some cases, repeat offenders or those involved in more serious infractions may face additional penalties, including suspension of their driving licence.
In summary, these Regulations serve to provide a framework for the implementation of updated road rules across Australia. They require states and territories to adopt the model provisions into their local laws, ensuring uniformity and improved road safety. While the Regulations themselves do not impose direct penalties, non-compliance by jurisdictions or individuals can result in fines, demerit points, or other legal consequences as outlined in the respective state or territory legislation.