Commonwealth Numbered Regulations - Explanatory Statements

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DISABILITY DISCRIMINATION AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 43

This Regulation replaced reference to the National Transport Secretariat (the NTS) with reference to the Accessible Public Transport Jurisdictional Committee (the Jurisdictional Committee) as a body that the Human Rights and Equal Opportunity Commission (the Commission) must consult when considering applications for exemptions from the Disability Standards for Accessible Public Transport 2002 (the Transport Standards).

Subsection 132(1) of the Disability Discrimination Act 1992 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Disability Standards for Accessible Public Transport 2002 (the Transport Standards) were formulated under section 31 of the Act and came into effect on 23 October 2003. The Transport Standards apply to operators and providers of public transport services, and set out requirements for accessibility of the premises, conveyances and infrastructure that are used to provide those services.

Subsection 55(1C) of the Act provides that if the regulations prescribe a body as a body that the Commission must consult in relation to the kinds of public transportation services or facilities that will be dealt with in an application for exemption under subsection 55(1A), the Commission must consult that body before granting an exemption.

Regulation 5 of the Disability Discrimination Regulations 1996 (the Principal Regulations) formerly prescribed the NTS as a body to be consulted in relation to all kinds of public transportation services and facilities. The NTS ceased to formally exist on 8 May 2003.

This Regulation amended the Principal Regulations to substitute the existing reference to the NTS with reference to the Jurisdictional Committee as a body that the Commission must consult before granting an exemption to public transport service operators from the operation of the Transport Standards.

The Jurisdictional Committee is comprised of representatives of the Commonwealth, State and Territory transport or equivalent departments. It provides a forum on accessible public transport issues being considered by the Accessible Public Transport National Advisory Committee and reports to the Standing Committee on Transport and the Australian Transport Council on jurisdictional implementation of the Transport Standards.

The regulation commenced upon gazettal.