EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 156
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 amend the Australian Road Rules, providing for nationally consistent implementation in each State and Territory. The amendments were developed under the authority of the National Transport Commission Act 2003, supported by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport. The objective of these Regulations is to address current operational needs, remove ambiguities, update road rules to encourage safer on-road behaviour, simplify and clarify traffic laws, and incorporate specific changes regarding seatbelts, scooters, and general traffic rules. The Regulations were formulated through extensive consultations with road safety and enforcement authorities from across the Commonwealth, States, and Territories, and underwent public consultation and regulatory review before being approved by the Australian Transport Council. The Regulations are in model form to allow for flexible implementation in each jurisdiction.
Scope and Application
The National Transport Commission (Road Transport Legislation - Australian Road Rules) Amendment Regulations 2008 concern the Australian Road Rules and apply to all road users, entities, and industries involved in road transport across Australia. These regulations, established under the National Transport Commission Act 2003, are designed to ensure a nationally consistent approach to road transport legislation. They are developed in accordance with the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport, which formalises the cooperative arrangements between the Commonwealth, states, and territories. The regulations reflect current needs, aim to remove ambiguities, update rules to encourage safer on-road behaviour, and simplify traffic laws. The model nature of these regulations allows individual jurisdictions to implement them in a manner that suits their regulatory frameworks. Notably, the regulations are not laws themselves but serve as a repository for nationally agreed reforms that jurisdictions can adopt and enforce. The regulations are not subject to disallowance or sunsetting, ensuring their continued application and relevance.
Key Provisions
The National Transport Commission (Road Transport Legislation- Australian Road Rules) Amendment Regulations 2008 are instrumental in updating the Australian Road Rules to meet contemporary needs and enhance road safety. Section 52 of the National Transport Commission Act 2003 empowers the Governor-General to create regulations that align with the Act and facilitate its execution. These Regulations, structured in model form, enable individual states and territories to adopt and implement the provisions through their respective legislative frameworks. The overarching objectives of these Regulations, as outlined in the explanatory statement, include reflecting current operational experiences, eliminating ambiguities, updating rules to influence on-road behaviour, simplifying traffic laws, and specifically amending rules related to seatbelts, scooters, and general traffic regulations.
The Regulations impose obligations on road safety, traffic, road transport, and enforcement authorities across the Commonwealth, states, and territories. These entities are required to ensure that the updated Australian Road Rules are incorporated into their respective jurisdictions' laws, thereby promoting uniformity and consistency in road regulations nationwide. The development and refinement of these Regulations involved extensive consultations with relevant authorities to address identified issues and improve the overall effectiveness of traffic law enforcement. The Australian Road Rules Maintenance Group played a crucial role in this process, collaborating with the National Transport Commission to create a comprehensive amendment package that was subsequently reviewed and approved by the Australian Transport Council.
Breaching the provisions outlined in the Regulations can result in various consequences, depending on the nature and severity of the violation. While the Regulations themselves do not have the force of law, the amendments they facilitate are enforceable under state and territory laws. Offences under these updated road rules may incur fines, demerit points, or other penalties as prescribed by the respective jurisdictions. The maximum penalties can vary significantly, reflecting the seriousness of the offence, and can include financial penalties, court appearances, or in severe cases, imprisonment. It is important for all road users to be aware of and comply with the updated road rules to avoid these potential consequences and to contribute to improved road safety.
In summary, the National Transport Commission (Road Transport Legislation- Australian Road Rules) Amendment Regulations 2008 aim to enhance the consistency, clarity, and enforceability of road regulations across Australia. These Regulations, developed through collaborative efforts and extensive consultations, seek to address contemporary road safety challenges and improve the overall effectiveness of traffic law enforcement. Compliance with these Regulations is essential for all road users, and non-compliance can result in penalties and legal consequences as defined by state and territory laws.