EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 163

 

Issued by Authority of the Minister for Transport and Regional Services

 

Interstate Road Transport Charge Act 1985

 

Interstate Road Transport Charge Regulations 2006

 

 

Section 7 of the Interstate Road Transport Charge Act 1985 (IRTCA) provides, in part, that the Governor-General may make regulations for the purposes of section 6.  Section 6 provides that regulations may decrease the amounts of charge that apply under sections 5 and 5A in relation to a year.  Section 5 provides for the amount of annual charge for the registration of heavy vehicles under the Federal Interstate Registration Scheme (FIRS).  Section 5A provides for an automatic annual adjustment of the amounts of charge.  Such regulations must not decrease any amount of charge by more than 5% of the amount of charge that would apply in relation to the year.

The Interstate Road Transport Act 1985 and Interstate Road Transport Regulations 1986 provide for the operation of FIRS vehicles, and the IRTCA and the Interstate Road Transport Charge Regulations 2001 (the Principal Regulations) provide for the registration charges for those vehicles. 

The Regulations repeal the Principal Regulations which had been put in place to establish baseline figures for annual automatic adjustments from 1 July 2002 as under section 5A of the IRTCA.  The annual adjusted charges are published in the Commonwealth of Australia Gazette each year as required under subsection 5A(3) of the IRTCA.

The Regulations in addition off-set the effect of the annual automatic adjustment to the FIRS heavy vehicle charges which came into effect on 1 July 2006 under subsection 5A(2) of the IRTCA.  Subsection 5A(2) references section 3A of the Road Transport Charges (Australian Capital Territory) Act 1993 (the ACT Act) which provides for a formula for annual automatic adjustments to heavy vehicle charges, agreed by Australian Transport Council Ministers.  Details of the calculation of the adjustment were published by the National Transport Commission as required under section 3A of the ACT Act, on 1 May 2006.  The Regulations give effect to the Australian Government's decision to not increase the current heavy vehicle registration charges for FIRS vehicles.  Instead, they decrease the amounts of registration charges to apply in financial year 2006-07; the decrease is within the maximum 5% permitted under the IRTCA.

Schedule 1 to the Regulations sets out the registration charges for FIRS vehicles with effect from 1 July 2006 .  These charges match those published in the Commonwealth of Australia Gazette of 1 June 2005 for the financial year 1 July 2005 to 30 June 2006. 

The Regulations aim to deliver financial relief to FIRS operators at a time when petrol prices are high.

Details of the Regulations are provided in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced immediately after the annual automatic adjustment for the year beginning on 1 July 2006.

 

ATTACHMENT

Details of the Interstate Road Transport Charge Regulations 2006

Regulation 1 -- Name of Regulations

This Regulation provides that the title of the Regulations is the Interstate Road Transport Charge Regulations 2006.

Regulation 2 -- Commencement

This Regulation provides for the Regulations to commence immediately after the annual automatic adjustment for the year beginning on 1 July 2006, as provided for under subsection 5A(2) of the Interstate Road Transport Charge Act 1985, so as to nullify the effect of that increase.

Regulation 3 -- Repeal

This regulation provides that the Interstate Road Transport Charge Regulations 2001 are repealed.

Regulation 4 -- Definition

This Regulation provides that references in these Regulations to 'Act' mean the Interstate Road Transport Charge Act 1985.

Regulation 5 -- Decrease of amount of charge

This Regulation provides for a decrease in the registration charges to off-set the annual automatic increase to heavy vehicle registration charges by inserting new registration charges in Schedule 1.  The effect of the decrease is to maintain the charges at the 2005-06 level.

Schedule 1   Annual registration charges

The Schedule identifies, in three parts, the heavy vehicle registration charges, to the nearest dollar, for vehicles registered under the Federal Interstate Registration Scheme.

Part 1 -- Load carrying vehicles

Provides annual registration charges for load carrying vehicles for 2006-07. 

Part 2 -- Load carrying trailer, converter dolly and low loader dolly

Provides annual registration charges for load carrying trailers, converter dollies and low loader dollies for 2006-07. 

Part 3 -- Buses

Provides annual registration charges for buses for 2006-07.