Commonwealth Numbered Regulations - Explanatory Statements

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ROAD TRANSPORT CHARGES (AUSTRALIAN CAPITAL TERRITORY) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 88

Statutory Rules 2000 No. 88

Issued by Authority of The Minister for Transport and Regional Services

Road Transport Charges (Australian Capital Territory) Act 1993

Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1)

Section 5 of the Road Transport Charges (Australian Capital Territory) Act 1993 (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 Road Transport Charges (Australian Capital Territory) Amendment Act 2000 amends the definition of "special purpose vehicle" contained in Part 1 of the Schedule to the Act to provide that regulations may declare a vehicle not to be a special purpose vehicle, or declare a vehicle to be a special purpose vehicle, for the purposes of the definition.

The Act and the Road Transport Charges (Australian Capital Territory) Regulations (the Principal Regulations) provide for the determination of registration charges for heavy vehicles (vehicles weighing over 4.5 tonnes) by the Australian Capital Territory Government.

The purpose of the Regulations is to prescribe that certain vehicles are to be special purpose vehicles, and certain other vehicles are not to be special purpose vehicles, for the purpose of determining their registration charges.

The Regulations make provision for policies that have been agreed by the Australian Transport Council. These policies are being concurrently implemented in all States and Territories.

The Regulations:

*       Re-name the Principal Regulations to align the title with current Schedule 1

       Commonwealth practice;

*       Declare certain vehicles not to be special purpose vehicles for the Schedule 2

       purpose of determining their registration charges; Item 1

*       Declare certain other vehicles to be special purpose vehicles for the Schedule 2

       purpose of determining their registration charges; and Item 1

*       Make consequential amendments to the Regulations following changes Schedule 2

       in definitions of terms used in the Act. Item 2

Details of the Regulations are set out in the Attachment.

Regulations 1, 2 and 3 and Schedule 1 commence on gazettal, and Schedule 2 on the commencement of the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 which will commence on a date to be fixed by Proclamation or if not proclaimed by then, on 1 January 200 1.

ATTACHMENT

Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1)

The amendments to the Regulations contain the following features:

Regulation 1 cites the name of the Regulations as the Road Transport Charges (Australian Capital Territory) Amendment Regulations 2000 (No. 1).

Regulation 2 provides that regulations 1, 2 and 3, and Schedule 1, commence on gazettal, and Schedule 2 commences at the same time as the commencement of the Road Transport Charges (Australian Capital Territory) Amendment Act 2000.

Regulation 3 provides that the Road Transport Charges (Australian Capital Territory) Regulations are to be amended as set out in Schedules 1 and 2.

Schedule 1 - Amendment commencing on gazettal

Item 1 - Regulation 1

New regulation 1 amends the name of the regulations, to the Road Transport Charges (Australian Capital Territory) Regulations 1995, to align the citation with current naming conventions.

Schedule 2 - Amendments commencing on the commencement of the Road Transport Charges (Australian Capital Territory) Amendment Act 2000

Item 1 - After regulation 2

New regulation 2A provides that specified vehicles are declared not to be special purpose vehicles. This means that for the purposes of calculating the appropriate registration charges for a caravan, a mobile home, a mobile library, a mobile workshop, a mobile laboratory and a mobile billboard under the Road Transport Charges (Australian Capital Territory) Act 1993, the charges for load carrying trailers apply,. rather than the charges for special purpose vehicles.

New regulation 2B provides that the vehicles specified are declared to be special purpose vehicles. This means that for the purposes of calculating the appropriate registration charges for a forklift, a straddle carrier, a mobile cherry picker and a mobile crane under the Road Transport Charges (Australian Capital Territory) Act 1993, the charges for special purpose vehicles apply.

Item 2 - Regulation 3

Because the types of special purpose vehicles defined under the Road Transport Charges (Australian Capital Territory) Act 1993 are changed by the Road Transport Charges (Australian Capital Territory) Amendment Act 2000, Item 2 consequentially amends regulation 3 to substitute the redundant references with the relevant references for the new types of special purpose vehicles.