EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 157
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 were enacted to provide a consistent set of Australian Road Rules across the country, addressing the need for uniformity in road transport legislation. These regulations, issued under the National Transport Commission Act 2003, were developed by the Minister for Infrastructure, Transport, Regional Development and Local Government to meet the commitment set forth in Clause 14 of the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport. The primary objectives of these regulations are to reflect current operational needs, remove ambiguities in traffic law, update the rules to promote safer road behaviour, simplify traffic laws to reduce confusion among road users, and amend specific provisions concerning seatbelts, scooters, and general traffic rules. The development of these regulations involved extensive consultations with various road safety, traffic, and enforcement authorities across the Commonwealth, States, and Territories.
Scope and Application
The National Transport Commission (Road Transport Legislation - Australian Road Rules) Amendment Regulations 2008 (No. 1, No. 2 and No. 3) apply to all persons, vehicles, and road users across Australia, including the Commonwealth, states, and territories. These regulations aim to establish a consistent set of road rules across the nation, reflecting current operational needs, removing ambiguities, updating road rules, and improving road safety. The regulations are developed in accordance with the National Transport Commission Act 2003 and the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport. The model provisions outlined in these regulations are designed to be implemented by individual jurisdictions through their respective legislative processes, allowing for tailored application while maintaining a national standard. Although the model regulations themselves do not have the force of law, their adoption by jurisdictions ensures a cohesive approach to road transport legislation across Australia. The regulations are not subject to disallowance or sunsetting provisions, ensuring their continued relevance and application.
Key Provisions
The National Transport Commission (Road Transport Legislation - Australian Road Rules) Amendment Regulations 2008, which are issued under Section 52 of the National Transport Commission Act 2003, aim to provide consistent road transport legislation across Australia. These Regulations, particularly the three amendment packages, serve to align and update the Australian Road Rules with the changing needs and experiences of all jurisdictions. Section 7 of the Act allows for the creation of model legislation, which is developed by the National Transport Commission (NTC) and ratified by the Australian Transport Council (ATC). These model forms of regulations are not legally binding themselves but are intended to be incorporated into the laws of individual states and territories as amendments or new provisions.
The Regulations impose specific obligations on the entities they govern. Primarily, these are the state and territory governments, which are required to adopt and implement the model provisions in a manner that suits their own legislative processes. The Regulations aim to ensure a uniform approach to road safety and traffic management across the country, thereby simplifying the application and enforcement of road rules. They also require these jurisdictions to consult with relevant authorities, including road safety and transport agencies, in the process of adopting the model legislation.
Breaches of the Australian Road Rules, as updated by these Regulations, can lead to various civil and criminal consequences. For instance, failure to comply with seatbelt requirements can result in fines and demerit points. The severity of penalties can vary depending on the jurisdiction, but generally, they aim to deter unsafe behaviours on the roads. Offences such as driving without a seatbelt or using a scooter in prohibited areas can lead to infringement notices, court appearances, and potentially heavier fines for repeated or more serious breaches. In some cases, especially where there is a significant risk to public safety, the breaches can lead to criminal charges, resulting in more severe penalties, including imprisonment. The exact penalties are typically outlined in the implementing legislation of each state or territory, but they are intended to be consistent with the spirit and purpose of the Regulations.