EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 154

 

Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

National Transport Commission Act 2003

 

National Transport Commission (Model Amendments Regulations: Australian Road Rules – Package No. 7) Regulations 2008

 

Section 52 of the National Transport Commission Act 2003 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all 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 provisions of the Act are supported by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport (IGA), which serves to formalise the cooperative arrangements between the Commonwealth, States and Territories and define the roles and responsibilities of the National Transport Commission, the Australian Transport Council and the jurisdictions. Clause 14 of the IGA requires the Commonwealth to submit model legislation for inclusion in schedules to regulations under the Act. The proposed Regulations would implement this commitment.

 

The purpose of the Regulations is to make various amendments to the Australian Road Rules for nationally consistent implementation in each State and Territory. The Regulations are in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available – for instance, the provisions may be incorporated into the law of a jurisdiction by way of amendment of existing legislation.

 

The objects of the Regulations are to:

 

(a)    exclude roundabouts from the operation of rule 63 (giving way at an intersection with traffic lights not operating or only partly operating);

(b)   make further provision for the crossing of level crossings by pedestrians;

(c)    make changes concerning the seating and restraining of children under 7 years old in motor vehicles; and

(d)   make other changes of a minor nature to improve the operation of those Rules.

 

The Australian Road Rules 7^th Amendment Package Regulations were developed and refined through extensive consultations with the Commonwealth, State and Territory road safety, traffic, road transport and enforcement authorities. The Australian Road Rule maintenance process commenced in 2003 and was tasked with identifying issues with the road rules and creating amendment packages to ensure the road rules retain their contemporaneousness. Following face to face deliberations and discussions with the Australian Road Rules Maintenance Group, the NTC developed the 7^th Amendment Package 2007 for consideration by Transport Agency Chief Executives (TACE) and the Australian Transport Council (ATC).

 

The model Regulations were circulated for public comment on 15 May 2007 along with a draft Regulation Impact Statement (RIS). The RIS was assessed and approved by the Commonwealth Office of Regulation Review. The Regulations and RIS were approved unanimously by the ATC on 21 November 2007.

 

Section 7 of the Act provides that the regulations may set out model legislation, being legislation developed by the NTC in accordance with the IGA. Paragraph 7(2)(a) provides that model legislation does not have the force of law. The schedules to the regulations serve only as a repository for nationally agreed reforms, which may then be implemented by jurisdictions.

 

Item 44 of the table to subsection 44(2) of the Legislative Instruments Act 2003 together with item 7 of Schedule 2 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to disallowance. In addition, item 51 of the table to subsection 54(2) of the Legislative Instruments Act 2003 together with item 4 of Schedule 3 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to sunsetting.