Road Transport Reform (Dangerous Goods) Repeal Act 2009
No. 104, 2009
An Act to repeal the Road Transport Reform (Dangerous Goods) Act 1995, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Repeal etc.
Part 1—Repeal
Road Transport Reform (Dangerous Goods) Act 1995
Part 2—Transitional provisions
Road Transport Reform (Dangerous Goods) Repeal Act 2009
No. 104, 2009
An Act to repeal the Road Transport Reform (Dangerous Goods) Act 1995, and for related purposes
[Assented to 8 October 2009]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Road Transport Reform (Dangerous Goods) Repeal Act 2009.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 8 October 2009 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 5 April 2010 (see F2010L00647) |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Repeal etc.
Part 1—Repeal
Road Transport Reform (Dangerous Goods) Act 1995
1 The whole of the Act
Repeal the Act.
Part 2—Transitional provisions
2 Transitional—pre‑commencement offences
(1) Despite the repeal of the Road Transport Reform (Dangerous Goods) Act 1995 by this Schedule, that Act continues to apply, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if that repeal had not happened.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
3 Transitional—recovery of costs of government action
Despite the repeal of the Road Transport Reform (Dangerous Goods) Act 1995 by this Schedule, section 44 of that Act continues to apply, in relation to an incident that occurred before the commencement of this item, as if that repeal had not happened.
4 Transitional—liability for pre‑commencement acts and omissions
Despite the repeal of the Road Transport Reform (Dangerous Goods) Act 1995 by this Schedule, sections 48 and 49 of that Act continue to apply, in relation to an act or omission that occurred before the commencement of this item, as if that repeal had not happened.
5 Transitional—laws of the Australian Capital Territory
To avoid doubt, a law of the Australian Capital Territory may make provision in relation to transitional matters arising out of the repeal of the Road Transport Reform (Dangerous Goods) Act 1995.
[Minister’s second reading speech made in—
House of Representatives on 22 June 2009
Senate on 17 August 2009]
Overview
The Road Transport Reform (Dangerous Goods) Repeal Act 2009 was enacted by the Parliament of Australia to address the need for updating and modernising the regulatory framework concerning dangerous goods transported by road. This Act serves to repeal the Road Transport Reform (Dangerous Goods) Act 1995, reflecting advancements in safety standards, changes in industry practices, and the integration of new national and international regulations. The policy objective is to ensure that the legislation governing the transport of dangerous goods aligns with contemporary safety requirements and operational practices, thereby enhancing the protection of public safety, the environment, and property. The Act provides for transitional arrangements to ensure continuity in the application of the repealed provisions in relation to offences, recovery of costs, and liability for acts or omissions occurring before the repeal took effect.
Scope and Application
The Road Transport Reform (Dangerous Goods) Repeal Act 2009 serves to repeal the Road Transport Reform (Dangerous Goods) Act 1995, effective from a date specified by proclamation but no later than six months after receiving Royal Assent. This Act applies to the entire Commonwealth of Australia, impacting entities and individuals involved in the transportation of dangerous goods by road. It specifically includes provisions to ensure that any offences committed, proceedings initiated, or matters arising from actions taken under the repealed Act before the commencement of this Act are still subject to the repealed provisions. Additionally, it allows for the recovery of government costs related to incidents occurring before the repeal and maintains liability for acts or omissions that happened prior to the repeal date. The Act does not include specific exclusions or thresholds, but it does permit the Australian Capital Territory to enact laws addressing transitional issues stemming from the repeal. Subordinate instruments may further define or extend the application of the repealed provisions, ensuring continuity in legal accountability for actions taken under the previous legislation.
Key Provisions
The Road Transport Reform (Dangerous Goods) Repeal Act 2009 (Cth) primarily serves to repeal the Road Transport Reform (Dangerous Goods) Act 1995 (Cth). Section 1 of the Act allows it to be cited as the Road Transport Reform (Dangerous Goods) Repeal Act 2009. The commencement provisions (section 2) specify that most of the Act, including sections 1 to 3, commenced on 8 October 2009, the day it received Royal Assent. The repeal and transitional provisions, outlined in Schedule 1, have a later commencement date, set to be proclaimed but not later than 5 April 2010.
The Act imposes specific obligations and requirements on parties and entities it governs. Despite the repeal of the Road Transport Reform (Dangerous Goods) Act 1995, certain provisions continue to apply to offences committed, proceedings for offences, and matters connected with such proceedings that occurred before the repeal. Specifically, transitional provisions ensure that the repealed Act continues to apply to pre-commencement offences (Schedule 1, item 2(1)) and to the recovery of costs of government action related to incidents that occurred before the repeal (Schedule 1, item 3). Furthermore, liability for acts and omissions that occurred before the repeal remains governed by the repealed Act (Schedule 1, items 4 and 5).
The Act also includes specific provisions regarding offences, penalties, and consequences for breach. Although the Act primarily serves to repeal the Road Transport Reform (Dangerous Goods) Act 1995, it ensures that any offences committed under the repealed Act before its repeal are still subject to the law as if the repeal had not occurred (Schedule 1, item 2(1)). The Act does not explicitly outline new penalties or consequences for breach within its text but ensures continuity in the application of the previous law for certain transitional matters. Any existing penalties or consequences for breaches under the repealed Act would therefore remain applicable unless otherwise specified by subsequent legislation.