INTERSTATE ROAD TRANSPORT CHARGE AMENDMENT BILL (NO. 2) 2008

i Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nts

Interstate Road Transport Charge Act 1985

Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008 1

A Bill for an Act to amend the Interstate Road

Transport Charge Act 1985, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Interstate Road Transport Charge

Amendment Act (No. 2) 2008.

2 Commence ment

(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.

2 Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008

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.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence with in 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.

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repealed as set out in the applicable items in the Schedule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.

Amend ments Schedule 1

Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008 3

Schedule 1

Amendments

Interstate Road Transport Charge Act 1985

1 Title

Omit "motor vehicle or trailer", substitute "vehicle".

2 After section 3

Insert:

3A Definitions

In this Act:

articulated bus means a bus consisting of more than one rigid

section with passenger access between the sections and the sections

connected to one another so as to allow rotary movement between

the sections.

Australian Transport Council has the meaning given by section 4

of the National Transport Commission Act 2003.

axle means one or more shafts positioned in a line across a vehicle,

on which one or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group,

twinsteer axle group, tri-axle group or quad-axle group.

B-double combination means a combination consisting of a prime

mover towing 2 semi trailers.

B-double lead trailer means a semi trailer that is nominated for use

as the lead trailer in a B-double combination.

B-triple combination means a combination consisting of a prime

mover towing 3 semi trailers.

B-triple lead trailer means a semi trailer that is nominated for use

as the lead trailer in a B-triple combination.

B-triple middle trailer means a semi trailer that is nominated for

use as the second trailer in a B-triple combination.

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4 Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008

bus means a motor vehicle, built mainly to carry people, that seats

more than 9 adults (including the driver).

bus (type 1) means a rigid bus that has 2 axles and an MRC not

exceeding 12 tonnes.

bus (type 2) means:

(a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes;

(b) a rigid bus that has 3 or 4 axles.

compliance plate means a plate authorised to be placed on a

vehicle, or taken to have been placed on a vehicle, under the Motor

Vehicle Standards Act 1989.

converter dolly means a trailer with a fifth wheel coupling

designed to support a semi trailer for hauling purposes.

dog trailer means a trailer with:

(a) a single axle group or single axle at the front that is steered

by connection to the towing vehicle by a drawbar; and

(b) a single axle group or single axle at the rear.

drawbar means a part of a trailer (other than a semi trailer) that

connects the trailer body to a coupling for towing purposes.

driver means the person driving or in control of a motor vehicle.

fifth wheel coupling means a device, other than the upper rotating

element and the kingpin (which are parts of a semi trailer), used

with a prime mover, semi trailer or a converter dolly to permit

quick coupling and uncoupling and to provide for articulation.

lead trailer, in a combination, means the trailer that is, or that is to

be, attached to the prime mover.

load carrying vehicle means a vehicle designed and constructed to

haul or carry goods and wares in addition to any fuel, water,

lubricants, tools and any other equipment or accessories necessary

for normal operation of the vehicle.

loaded mass, in relation to a vehicle, means the sum of the mass of

the vehicle and the mass of the load on the vehicle that is imposed

on the surface on which the vehicle is standing or running.

Amend ments Schedule 1

Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008 5

long combination truck means a truck nominated to haul 2 or

more trailers.

low loader means a gooseneck semi trailer with a loading deck no

more than one metre above the ground.

low loader dolly means a mass-distributing device that:

(a) is usually coupled between a prime mover and low loader;

and

(b) consists of a gooseneck rigid frame; and

(d) is equipped with one or more axles, a kingpin and a fifth

wheel coupling.

medium combination truck means a truck, other than a short

combination truck, nominated to haul one trailer.

MRC (short for Mass Rating for Charging), in relation to a vehicle,

means:

(a) the maximum mass of the vehicle, including any load,

recorded on the compliance plate as the Gross Vehicle Mass,

Gross Trailer Mass Rating or Aggregate Trailer Mass of the

vehicle; or

(b) in relation to a vehicle for which there is no compliance

plate--its operating mass.

multi-combination prime mover means a prime mover nominated

to haul 2 or more trailers.

nominated means nominated by the person applying for

registration.

operating mass, in relation to a vehicle, means the maximum mass

of the vehicle, including any load, as determined by the

Registration Authority having regard to the design and construction

of the vehicle or of any of its components.

pig trailer means a trailer with a single axle group or single axle

near the middle of its load-carrying surface, and connected to the

towing vehicle by a drawbar.

pole type trailer means a trailer that:

Schedule 1 A mendments

6 Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008

(a) is attached to a towing vehicle by means of a pole or an

attachment fitted to a pole; and

(b) is ordinarily used for transporting loads, such as logs, pipes,

structural members or other long objects, that are generally

capable of supporting themselves like beams between

supports.

prime mover means a motor vehicle designed to haul a semi trailer.

quad-axle group means a group of 4 axles, in which the horizontal

distance between the centre-lines of the outermost axles is more

than 3.2 metres but not more than 4.9 metres.

Registration Authority means the authority that is responsible for

registering vehicles.

semi trailer means a trailer (including a pole type trailer) that has:

(a) a single axle group or single axle towards the rear; and

(b) a means of attachment to a prime mover or a converter dolly

that results in some of the load being imposed on the prime

mover, or the converter dolly, as the case may be.

short combination prime mover means a prime mover nominated

to haul one semi trailer.

short combination truck means a truck nominated to haul one

trailer where, according to the nomination:

(a) the combination has 6 axles or fewer; and

(b) the maximum total mass that is legally allowable for the

combination is 42.5 tonnes or less.

single axle means an axle not forming part of an axle group.

single axle group means a group of 2 or more axles, in which the

horizontal distance between the centre-lines of the outermost axles

is less than one metre.

tandem axle group means a group of at least 2 axles, in which the

horizontal distance between the centre-lines of the outermost axles

is at least one metre but not more than 2 metres.

trailer means a vehicle that is built to be towed, or is towed, by a

motor vehicle, but does not include a motor vehicle that is being

towed.

Amend ments Schedule 1

Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008 7

tri-axle group means a group of at least 3 axles, in which the

horizontal distance between the centre-lines of the outermost axles

is more than 2 metres, but not more than 3.2 metres.

truck means a rigid motor vehicle that is principally constructed as

a load carrying vehicle.

truck (type 1) means a truck that has:

(a) 2 axles and an MRC not exceeding 12 tonnes; or

(b) 3 axles and an MRC not exceeding 16.5 tonnes; or

truck (type 2) means a truck that has:

(a) 2 axles and an MRC exceeding 12 tonnes; or

(b) 3 axles and an MRC exceeding 16.5 tonnes; or

twinsteer axle group means a group of 2 axles:

(a) with single tyres; and

(b) fitted to a motor vehicle; and

(d) the horizontal distance between the centre-lines of which is at

least one metre, but not more than 2 metres.

vehicle includes a trailer.

3B Close-spaced axles

(1) For the purposes of this Act (other than the definitions of single

axle group, tandem axle group, twinsteer axle group, tri-axle

group and quad-axle group):

(a) 2 axles less than one metre apart are to be regarded as one

axle; and

(b) 3 axles not more than 2 metres apart are to be regarded as 2

axles; and

axles.

(2) A reference to a distance in subsection (1) is a reference to the

horizontal distance between the centre-lines of:

(a) in the case of paragraph (1)(a)--the 2 axles; and

Schedule 1 A mendments

8 Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008

(b) in any other case--the outermost axles.

3C Determination of numbe r of traile rs

(1) For the purposes of determining the number of trailers that a prime

mover or truck is nominated to haul:

(a) a converter dolly and a semi trailer when used together are to

be regarded as one trailer; and

(b) a low loader dolly and a low loader when used together are to

be regarded as one trailer.

(2) To avoid doubt, nothing in this section affects a requirement that a

separate annual registration charge be paid for each converter dolly

or low loader dolly and for each semi trailer.

3 Subsection 4(1)

Repeal the subsection, substitute:

(1) Subject to subsections (2) and (3), a charge is imposed on the

registration of a vehicle in a category mentioned in

subsection (1A).

(1A) For the purposes of subsection (1), a charge is payable in relation

to the registration of the following categories of vehicle:

(a) a truck (type 1);

(b) a truck (type 2);

(d) a medium combination truck;

(e) a long combination truck;

(f) a short combination prime mover;

(g) a multi-combination prime mover;

(h) a pig trailer;

(i) a dog trailer;

(j) a semi trailer;

(k) a B-double lead trailer;

(l) a B-triple lead trailer;

(m) a B-triple middle trailer;

(n) a converter dolly;

(o) a low loader dolly;

(p) a bus (type 1);

Amend ments Schedule 1

Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008 9

(q) a bus (type 2);

(r) an articulated bus.

4 Subsection 4(2)

Omit "motor vehicles or trailers" (wherever occurring), substitute

"vehicles".

5 At the end of section 4

Add:

(3) Subsection (1) does not apply to vehicles that have an MRC of less

than or equal to 4.5 tonnes.

6 Subsection 5

Repeal the section, substitute:

5 Amount of charge

(1) The amount of charge in respect of the registration of a vehicle in a

category referred to in subsection 4(1A) is the amount applicable

under subsection (2) or (4), as the case may be.

(2) If the registration is for a full year, the amount of the charge is the

amount for vehicles in that category in relation to the financial year

in which the registration comes into force.

Note:

For the definition of financial year, see paragraph 22(1)(e) of the Acts

Interpretation Act 1901.

(3) For the purposes of subsection (2), the amount of the charge is the

amount worked out in accordance with regulations made for the

purposes of this section.

(4) If the registration is for less than a full year, the amount of the

charge is the amount worked out using the formula:

Period of registration

Charge for one year

365

where:

charge for one year means the amount that would be the charge in

respect of the registration under subsection (2).

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10 Interstate Road Transport Charge Amendment Bill (No. 2) 2008 No. , 2008

period of registration means the number of days in the period of

the registration.

(5) If a vehicle falls within 2 or more categories of vehicle under

subsection 4(1A), the charge in respect of the registration of the

vehicle is the higher or highest of the charges that could apply in

respect of that registration of that vehicle.

(6) Regulations made for the purposes of this section must not take

effect earlier than the first day after the end of the period in which

the regulations may be disallowed under Part 5 of the Legislative

Instruments Act 2003.

7 Sections 5A and 6

Repeal the sections.

8 Section 7

Omit "section 6", substitute "section 5".

9 Schedule

Repeal the Schedule.

10 Application of amendments

(1)

Despite the repeal of section 5 of the Interstate Road Transport Charge

Act 1985 made by item 6 of this Schedule, the amount of the charge

under that section, immediately before this Schedule commences,

continues to apply in relation to registrations of vehicles that come into

force after this Schedule commences until regulations made for the

purposes of section 5 of that Act, as in force immediately after this

Schedule commences, take effect.

(2)

Once those regulations take effect, the amendments made by this

Schedule apply in relation to registrations of vehicles in a category

referred to in subsection 4(1A) of the Interstate Road Transport Charge

Act 1985 (as inserted by item 3 of this Schedule) that come into force

after this Schedule commences.

Commonwealth of Australia Bills

INTERSTATE ROAD TRANSPORT CHARGE AMENDMENT BILL (NO. 2) 2008