Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL TRANSPORT COMMISSION (ROAD TRANSPORT LEGISLATION -- COMPLIANCE AND ENFORCEMENT REGULATIONS) REGULATIONS 2006 (SLI NO 315 OF 2006)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 315

 

Issued by the Authority of the Minister for Transport and Regional Services

 

National Transport Commission Act 2003

 

National Transport Commission (Road Transport Legislation — Compliance and Enforcement Regulations) Regulations 2006

 

 

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 provision in Schedule 1 for road transport legislation, in the form of Regulations, about compliance with, and enforcement of, road law.

 

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.

 

Details of the Regulations are set out in the Attachment.

 


ATTACHMENT

 

Details of the National Transport Commission (Road Transport Legislation — Compliance and Enforcement Regulations) Regulations 2006

 

 

Regulation 1 – Name of Regulations

 

This Regulation provides that the title of the Regulations is the National Transport Commission (Road Transport Legislation — Compliance and Enforcement Regulations) Regulations 2006.

 

Regulation 2 – Commencement

 

This Regulation provides for the Regulations to commence on the day after they are registered.

 

Regulation 3 – Road transport legislation — compliance and enforcement

 

This Regulation provides that for the purposes of section 7 of the National Transport Commission Act 2003, Schedule 1 to the Regulations sets out road transport legislation, in the form of Regulations, about compliance with, and enforcement of, road law. The model legislation relates to setting out minimum model regulations required to support the Compliance and Enforcement legislation.

 

Schedule 1- Text of the draft Road Transport Reform (Compliance and Enforcement) Regulations 2006

 

The text set out in Schedule 1 sets out the model legislation, in the form of draft Regulations, about compliance with, and enforcement of, road law. The model legislation is developed by the National Transport Commission, and relates to setting out minimum model regulations required to support the model Road Transport Reform (Compliance and Enforcement) Act 2003. The Bill for this Act is found in Schedule 1 to the National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006, one of the 28 regulations approved by the Governor-General on the advice of the Executive Council on 15 February 2006.

 

Clause 1 provides that the Regulations are the Road Transport Reform (Compliance and Enforcement) Regulations 2006.

 

Clause 2 provides that the Regulations will commence on a date fixed by each jurisdiction. For each jurisdiction implementing these Regulations, a day of commencement will be appointed in accordance with the rules of the jurisdiction that relate to the commencement of regulations.

 

Clause 3 provides that the definition of the term ‘Act’ in these Regulations refers to the Road Transport Reform (Compliance and Enforcement) Act 2003. The Bill for this Act is found in Schedule 1 to the National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006, one of the 28 regulations approved by the Governor‑General on the advice of the Executive Council on 15 February 2006.

 

Clause 4 provides that in regard to the definition of approved road transport compliance

scheme in subsection 6 (1) of the Act, the National Heavy Vehicle Accreditation Scheme approved in November 1997 (including any changes to that Scheme approved from time to

time) is prescribed as such an approved road transport compliance scheme. The effect of prescribing schemes as such is that it applies specified powers, duties and liabilities under the Act to the prescribed scheme.

 

Clause 5 makes provision for a template clause for jurisdictions to use in their regulations to declare what laws are, in relation to paragraph (b) of the definition of ‘corresponding law’ in subsection 6(1) of the Act, to be considered ‘corresponding laws’. Jurisdictions need to prescribe corresponding laws of other jurisdictions in order to provide for reciprocal powers for interstate enforcement officers (section 21 of the Act) and to give effect to a transfer of liability across jurisdictions (section 170 and 171 of the Act).

 

Clause 6 makes provisions for determining what are or are not to be treated as corresponding provisions of the road laws of other jurisdictions, as permitted by subsection 132(7) of the Act.

 

Clause 7 details the statutory declaration provisions relating to subsection 150(4) of the Act. That subsection allows the registered operator to give the relevant jurisdictional Authority (as defined in subsection 6(1)) a statutory declaration containing prescribed information, as a defence to liability arising under subsection 150(2). This clause details this prescribed information.

 

Clause 8 prescribes the administrative actions under the Act, to which section 175 of the Act applies mutual recognition across jurisdictions.

 

Clause 9 lists the kinds of court orders under the Act, to which section 176 of the Act applies mutual recognition across jurisdictions.

 

 

 

 


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