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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Interstate Road Transport Legislation
(Repeal) Bill 2018
No. , 2018
(Infrastructure, Regional Development and Cities)
A Bill for an Act to repeal the Interstate Road
Transport Act 1985 and the Interstate Road
Transport Charge Act 1985, and for related
purposes
No. , 2018
Interstate Road Transport Legislation (Repeal) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Interstate Road Transport Act 1985
3
Part 2--Application provisions
4
Schedule 2--Repeals and related provisions
5
Part 1--Repeals
5
Interstate Road Transport Act 1985
5
Interstate Road Transport Charge Act 1985
5
Part 2--Consequential amendments
6
COAG Reform Fund Act 2008
6
Part 3--Transitional provisions
7
No. , 2018
Interstate Road Transport Legislation (Repeal) Bill 2018
1
A Bill for an Act to repeal the Interstate Road
1
Transport Act 1985 and the Interstate Road
2
Transport Charge Act 1985, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Interstate Road Transport Legislation (Repeal) Act
7
2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Interstate Road Transport Legislation (Repeal) Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
1 July 2019.
1 July 2019
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Amendments Part 1
No. , 2018
Interstate Road Transport Legislation (Repeal) Bill 2018
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Interstate Road Transport Act 1985
3
1 After subsection 9(2)
4
Insert:
5
(2A) A Registration Authority must not register a motor vehicle or
6
trailer if the registration would come into force on or after 1 July
7
2018.
8
Note:
This subsection applies only to registrations granted on or after the
9
day this subsection takes effect (see Part 2 of Schedule 1 to the
10
Interstate Road Transport Legislation (Repeal) Act 2018).
11
(2B) If the registration of a motor vehicle or trailer would come into
12
force on or after 1 July 2018, the registration is valid until it is
13
cancelled.
14
Note:
This subsection applies only to registrations granted before this
15
subsection takes effect (see Part 2 of Schedule 1 to the Interstate Road
16
Transport Legislation (Repeal) Act 2018).
17
2 At the end of subsection 9(4)
18
Add:
19
Note:
A motor vehicle or trailer must not be re-registered if the
20
re-registration would come into force on or after 1 July 2018 (see
21
subsection (2A)).
22
3 At the end of paragraphs 11(1)(a) to (e)
23
Add "or".
24
4 At the end of subsection 11(1)
25
Add:
26
; or (g) the registration would expire on or after 1 July 2019.
27
Schedule 1 Amendments
Part 2 Application provisions
4
Interstate Road Transport Legislation (Repeal) Bill 2018
No. , 2018
Part 2--Application provisions
1
5 Application provisions
2
(1)
Subsection 9(2A) of the Interstate Road Transport Act 1985, as inserted
3
by this Schedule, applies in relation to a registration granted on or after
4
the commencement of this item.
5
(2)
Subsection 9(2B) of the Interstate Road Transport Act 1985, as inserted
6
by this Schedule, applies in relation to a registration granted before the
7
commencement of this item.
8
Repeals and related provisions Schedule 2
Repeals Part 1
No. , 2018
Interstate Road Transport Legislation (Repeal) Bill 2018
5
Schedule 2--Repeals and related provisions
1
Part 1--Repeals
2
Interstate Road Transport Act 1985
3
1 The whole of the Act
4
Repeal the Act.
5
Interstate Road Transport Charge Act 1985
6
2 The whole of the Act
7
Repeal the Act.
8
Schedule 2 Repeals and related provisions
Part 2 Consequential amendments
6
Interstate Road Transport Legislation (Repeal) Bill 2018
No. , 2018
Part 2--Consequential amendments
1
COAG Reform Fund Act 2008
2
3 Subsection 5(2) (note 4)
3
Repeal the note.
4
4 Paragraph 7(1)(c)
5
Repeal the paragraph.
6
5 Subsection 7(3) (note 2)
7
Repeal the note.
8
Repeals and related provisions Schedule 2
Transitional provisions Part 3
No. , 2018
Interstate Road Transport Legislation (Repeal) Bill 2018
7
Part 3--Transitional provisions
1
6 Arrangements with States etc.
2
Despite the repeal of section 6 of the Interstate Road Transport Act
3
1985 by this Schedule:
4
(a) an arrangement that is in force under that section
5
immediately before this item commences is taken, after that
6
commencement, to continue in force in relation to the
7
exercise after that commencement of functions under that Act
8
as a result of this Part; and
9
(b) subsection 6(5) of that Act (amounts received by an officer or
10
authority of a State) continues to apply in relation to amounts
11
received after this item commences as a result of this Part.
12
7 Cancellation of registration
13
If, but for the repeal of the Interstate Road Transport Act 1985 by this
14
Schedule, the registration of a motor vehicle or trailer would expire
15
after this item commences, the registration is taken to be cancelled
16
immediately before that commencement.
17
8 Refund of charges etc.
18
Refund of charge on cancellation or surrender of registration
19
(1)
Despite the repeal by this Schedule of section 18 of the Interstate Road
20
Transport Act 1985, that section continues to apply, after this item
21
commences, in relation to the cancellation or surrender of the
22
registration of a motor vehicle or trailer if:
23
(a) the cancellation or surrender occurs before that
24
commencement; and
25
(b) a refund is not given before that commencement in relation to
26
the cancellation or surrender.
27
Refund of charge in relation to intra-state operations
28
(2)
Despite the repeal by this Schedule of section 19 of the Interstate Road
29
Transport Act 1985, that section continues to apply, after this item
30
commences, in relation to the use of a registered motor vehicle or trailer
31
in accordance with paragraphs 19(1)(a) and (b) of that Act if:
32
(a) that use occurs before that commencement; and
33
Schedule 2 Repeals and related provisions
Part 3 Transitional provisions
8
Interstate Road Transport Legislation (Repeal) Bill 2018
No. , 2018
(b) a refund is not given before that commencement in relation to
1
that use.
2
Offence against section 137.1 of the Criminal Code
3
(3)
Despite the repeal by this Schedule of subsection 19(3) of the Interstate
4
Road Transport Act 1985, that subsection continues to apply, after this
5
item commences, in relation to a proceeding commenced before or after
6
this item commences.
7
9 Arrangements relating to the Interstate Road Transport
8
Account and COAG Reform Fund
9
(1)
Despite the repeal by this Schedule of Part IV of the Interstate Road
10
Transport Act 1985 and paragraph 7(1)(c) of the COAG Reform Fund
11
Act 2008, those provisions and any related instruments continue to
12
apply, after this item commences, in accordance with this item.
13
Crediting amounts to special accounts
14
(2)
An amount must be credited to the Interstate Road Transport Account in
15
accordance with Part IV of the Interstate Road Transport Act 1985 until
16
20 October 2019.
17
(3)
If, but for the repeal of that Part by this Schedule, an amount would
18
have been credited to that Account between 21 October 2019 and
19
31 October 2019, the amount is to be credited to the COAG Reform
20
Fund:
21
(a) for the purposes of making grants of financial assistance to a
22
State, the Australian Capital Territory or the Northern
23
Territory for expenditure by the State or Territory on the
24
maintenance and upkeep of roads in the State or Territory
25
that are used by registered motor vehicles or trailers; and
26
(b) in accordance with a determination under subsection 23(1) of
27
the Interstate Road Transport Act 1985 as if the amount were
28
standing to the credit of the Interstate Road Transport
29
Account on the 20th day of the month.
30
Debiting and crediting arrangements after repeal
31
(4)
Section 23 of the Interstate Road Transport Act 1985 and
32
paragraph 7(1)(c) of the COAG Reform Fund Act 2008, and any related
33
instruments, continue to apply, after this item commences, to:
34
Repeals and related provisions Schedule 2
Transitional provisions Part 3
No. , 2018
Interstate Road Transport Legislation (Repeal) Bill 2018
9
(a) any amounts credited to the Interstate Road Transport
1
Account between 21 June 2019 and 20 October 2019; and
2
(b) any amounts credited to the COAG Reform Fund under the
3
Interstate Road Transport Act 1985 between 21 June 2019
4
and 31 October 2019; and
5
(c) any amounts credited to the COAG Reform Fund under
6
subitem (3).
7
Interpretation
8
(5)
For the purposes of this item, a reference in section 23 of the Interstate
9
Road Transport Act 1985 to an amount credited to the COAG Reform
10
Fund under subsection 23(1) of that Act is taken to include a reference
11
to an amount credited to that Fund under subitem (3).
12
(6)
In this item:
13
related instruments means any of the following (as in force
14
immediately before this item commences):
15
(a) any instruments made by the Minister under section 23 of the
16
Interstate Road Transport Act 1985;
17
(b) any regulations made under section 56 of that Act for the
18
purposes of section 23 of that Act.
19
10 Delegation
20
Despite the repeal of section 50 of the Interstate Road Transport Act
21
1985 by this Schedule:
22
(a) any instruments that are in force under that section
23
immediately before this item commences are taken, after that
24
commencement, to continue in force in relation to the
25
exercise after that commencement of powers as a result of
26
this Part; and
27
(b) subsections 50(2) and (3) of that Act continue to apply in
28
relation to those instruments.
29
11 Reconsideration and review of certain decisions
30
Despite the repeal of section 51 of the Interstate Road Transport Act
31
1985 by this Schedule, the section continues to apply, after this item
32
commences, in relation to a decision made before this item commences.
33
Schedule 2 Repeals and related provisions
Part 3 Transitional provisions
10
Interstate Road Transport Legislation (Repeal) Bill 2018
No. , 2018
12 Transitional rules
1
(1)
The Minister may, by legislative instrument, make rules prescribing
2
matters of a transitional nature (including prescribing any saving or
3
application provisions) relating to the amendments and repeals made by
4
this Act.
5
(2)
However, to avoid doubt, the rules may not do the following:
6
(a) create an offence or civil penalty;
7
(b) provide powers of:
8
(i) arrest or detention; or
9
(ii) entry, search or seizure;
10
(c) impose a tax;
11
(d) set an amount to be appropriated from the Consolidated
12
Revenue Fund under an appropriation in this Act;
13
(e) directly amend the text of this Act.
14
(3)
This Act (other than subitem (2)) does not limit the rules that may be
15
made for the purposes of subitem (1).
16
(4)
Rules made for the purposes of this item that are registered under the
17
Legislation Act 2003 before 1 July 2020:
18
(a) may be expressed to take effect from a date before the rules
19
are registered; and
20
(b) apply despite subsection 12(2) (retrospective application of
21
legislative instruments) of that Act.
22