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NATIONAL TRANSPORT COMMISSION ACT 2003 - NOTES

No. 81, 2003

Compilation No. 7

Compilation date:    5 March 2016

Includes amendments up to: Act No. 10, 2015

Registered:    3 May 2016

 

About this compilation

This compilation

This is a compilation of the National Transport Commission Act 2003 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Purpose of Act

4 Definitions

Part 2--Establishment, functions and powers of Commission

5 Establishment of National Transport Commission

6 Functions and powers of Commission

7 Regulations setting out model legislation and road transport legislation

8 Reports and advice to be provided to the Australian Transport Council

9 Consultation

10 Noise and emission standards--consultation with the National Environment Protection Council

Part 3--Constitution of Commission

Division 1--General membership provisions

11 Membership of Commission

12 Appointment of ordinary members

13 Chair and Deputy Chair of Commission

Division 2--Provisions relating to members

14 Ordinary members hold office on part-time basis

15 Term of appointment not to exceed 3 years

16 Remuneration and allowances of ordinary members

17 Ordinary members may receive other benefits

18 Resignation

19 Termination of appointment

20 Leave of absence

21 Terms and conditions not provided for by Act

22 Acting appointments

Part 4--Operations of Commission

Division 1--Corporate plans

23 Draft corporate plan

25 Approval of draft corporate plan

Division 2--Meetings and committees

26 Convening of meetings

27 Procedure at meetings

28 Resolutions without meetings

29 Quorum

30 Voting at meetings

32 Committees

Part 5--Finance

33 Payments to Commission by Commonwealth

34 Payments to Commission by States or Territories

35 Money of Commission

36 Application of money of Commission

37 Estimates

38 Annual report

Part 6--Chief Executive Officer, staff and consultants

Division 1--Chief Executive Officer

39 Chief Executive Officer

40 Remuneration and allowances

41 Chief Executive Officer may receive other benefits

42 Leave of absence

43 Terms and conditions not provided for by Act

Division 2--Staff and consultants

44 Non-Public Service staff

45 Public Service staff of Commission

46 Staff seconded to the Commission

47 Consultants

Part 7--Miscellaneous

48 Delegation by Commission

49 Delegation by Australian Transport Council

50 Acts done by Australian Transport Council

51 Review of operation of Act and Agreement

52 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

National Transport Commission Act 2003

81, 2003

6 Sept 2003

ss. 3-52: 15 Jan 2004 (see Gazette 2003, No. GN47)
Remainder: Royal Assent

 

Financial Framework Legislation Amendment Act 2010

148, 2010

17 Dec 2010

Schedule 9: 1 July 2011

--

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 833-835) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 10 (items 190-204) and Sch 14: 1 July 2014 (s 2(1) item s 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

--

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

--

Acts and Instruments (Framework Reform) Act 2015

10, 2015

5 Mar 2015

Sch 3 (items 309, 310): 5 Mar 2016 (s 2(1) item 2)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 2

 

s 5.....................

am No 148, 2010; No 62, 2014

s 7.....................

am No 10, 2015

Part 3

 

Division 2

 

s 19....................

am No 148, 2010; No 62, 2014

s 22....................

am No. 46, 2011

Part 4

 

Division 1

 

Division 1 heading..........

rs No 62, 2014

s 23....................

rs No 62, 2014

s 24....................

rep No 62, 2014

s 25....................

am No 62, 2014

Division 2

 

s. 31....................

rep No 148, 2010

Part 5

 

s 33....................

am No 62, 2014

s 37....................

am No 62, 2014

s. 38....................

rs No 148, 2010

 

am No 62, 2014

 


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