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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Interstate
Road Transport Amendment Bill 1998
No.
, 1998
(Transport and Regional
Development)
A Bill for an Act to amend the
Interstate Road Transport Act 1985, and for related
purposes
9804420—652/30.3.1998—(44/98)
Cat. No. 97 2866 X ISBN 0644 519150
Contents
A Bill for an Act to amend the Interstate Road
Transport Act 1985, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Interstate Road Transport Amendment Act
1998.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Subsection 3(1)
Insert:
carriage of passengers or goods between prescribed places
means carriage of passengers or goods, in trade or commerce, between a place in
a State and a place in another State.
2 Subsection 3(1) (definition of
insurance)
Omit “or Territory”.
3 Subsection 3(1) (definition of
State)
After “includes”, insert “the Australian Capital
Territory and”.
4 Subsection 3(1) (definition of State
operator’s licence)
Omit “or the Australian Capital Territory”.
5 Subsection 3(1) (definition of
Territory)
Repeal the definition.
6 Paragraph 3(10)(a)
Omit “, of a Regulatory Authority in respect of the Australian
Capital Territory or of the Minister”.
7 Subsection 3A(2)
Omit “or Territory”.
8 Section 4
Repeal the section.
9 After subsection 6(4)
Insert:
(4A) For the purposes of the application of the above subsections in
relation to the Australian Capital Territory:
(a) references to the Governor-General are taken to be references to the
Prime Minister; and
(b) references to the Governor of a State are taken to be references to
the Chief Minister of the Territory.
10 Subsections 7(1) and (2)
Omit “and the Australian Capital Territory”.
11 Subsection 7(5)
Repeal the subsection, substitute:
(5) For the purposes of the application of subsections (3) and (4) in
relation to the Australian Capital Territory, references to the Governor of the
State are taken to be references to the Chief Minister of the
Territory.
12 Paragraph 8(1)(e)
Omit “or of the Australian Capital Territory”.
13 Subsection 8(1)
(penalty)
Repeal the penalty, substitute:
Penalty: 10 penalty units.
Note: If a body corporate is convicted of the offence,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine
of an amount that is not greater than 5 times the maximum fine that could be
imposed by the court on an individual convicted of the same
offence.
14 After subsection 8(2)
Insert:
(2A) For the purposes of the application of subsection (2) in relation to
the Australian Capital Territory, the reference in that subsection to the
commencement of this section is taken to be a reference to the commencement of
this subsection.
15 Subsection 10(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for one year.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court to impose an appropriate fine instead of, or in addition to, a term of
imprisonment. If a body corporate is convicted of the offence, subsection 4B(3)
of that Act allows a court to impose a fine of an amount that is not greater
than 5 times the maximum fine that could be imposed by the court on an
individual convicted of the same offence.
16 Subsection 10(3)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court to impose an appropriate fine instead of, or in addition to, a term of
imprisonment. If a body corporate is convicted of the offence, subsection 4B(3)
of that Act allows a court to impose a fine of an amount that is not greater
than 5 times the maximum fine that could be imposed by the court on an
individual convicted of the same offence.
17 Subsection 10(5)
Repeal the subsection.
18 Section 12A
Omit “or Territory”.
19 Section 12C
Omit “or Territory” (wherever occurring).
20 Section 12D
Omit “$4,000” (wherever occurring), substitute “40
penalty units”.
21 At the end of section
12D
Add:
Note: If a body corporate is convicted of the offence,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine
of an amount that is not greater than 5 times the maximum fine that could be
imposed by the court on an individual convicted of the same
offence.
22 Paragraph 19(1)(b)
Omit “or the Australian Capital Territory”.
23 Subsection 23(2)
Repeal the subsection.
24 Subsection 23(3)
Repeal the subsection, substitute:
(3) The Minister, in exercising the power to make determinations under
subsection (1), must, as far as practicable, ensure that the allocation of
payments under this section among the States reflects the distribution of damage
done to roads by registered motor vehicles and trailers operating as mentioned
in subsection 8(1).
25 Subsections 24(2) and
(3)
Omit “or Territory”.
26 Section 25 (penalty)
Repeal the penalty, substitute:
Penalty: 50 penalty units.
Note: If a body corporate is convicted of the offence,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine
of an amount that is not greater than 5 times the maximum fine that could be
imposed by the court on an individual convicted of the same
offence.
27 Section 41
Omit “$1,000”, substitute “10 penalty
units”.
28 Subsection 44(2)
Omit “$1,000”, substitute “10 penalty
units”.
29 Subsection 44(5)
Omit “$100”, substitute “1 penalty unit”.
30 Subsection 44(6)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court to impose an appropriate fine instead of, or in addition to, a term of
imprisonment.
31 Subsection 45(2)
(penalty)
Repeal the penalty, substitute:
Penalty: 10 penalty units.
Note: If a body corporate is convicted of the offence,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine
of an amount that is not greater than 5 times the maximum fine that could be
imposed by the court on an individual convicted of the same
offence.
32 Subsection 45(3)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court to impose an appropriate fine instead of, or in addition to, a term of
imprisonment. If a body corporate is convicted of the offence, subsection 4B(3)
of the Crimes Act 1914 allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
33 Subsection 47(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court to impose an appropriate fine instead of, or in addition to, a term of
imprisonment.
34 Subsection 47A(7)
Omit “or Territory”.
35 After paragraph 49(1)(a)
Insert:
(aa) trade, commerce or intercourse between the Australian Capital
Territory and a State is not absolutely free within the meaning of section 69 of
the Australian Capital Territory (Self-Government) Act 1988.
36 Subsection 49(2)
After “include”, insert “the Australian Capital Territory
or”.
37 Section 52
Omit “or Territory” (wherever occurring).
Note: The heading to section 52 is altered by omitting
“and Territory”.
38 Paragraph 56(2)(d)
Omit “$3,000”, substitute “30 penalty
units”.
39 Paragraph 56(2)(da)
Omit “$400” and “$3,000”, substitute “4
penalty units” and “20 penalty units” respectively.
40 Paragraph 56(2)(e)
Omit “$1,000”, substitute “10 penalty
units”.
41 Paragraph 56(2)(f)
Omit “$100” and “$500”, substitute “1 penalty
unit” and “5 penalty units” respectively.