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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation Amendment Bill
2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport Act 2013 No 18 3
Schedule 2 Amendment of Road Transport (Vehicle Registration) Regulation
2017 5
Schedule 3 Amendment of Motor Vehicles Taxation Act 1988 No 111 8
Schedule 4 Amendment of Motor Vehicles Taxation Regulation 2016 10
Schedule 5 Minor and consequential amendments 14
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Road Transport Legislation Amendment Bill
2021
Act No , 2021
An Act to amend the Road Transport Act 2013 and the Motor Vehicles Taxation Act 1988
concerning the fixing of registration charges and motor vehicle taxation amounts; to make minor
miscellaneous amendments to legislation administered by the Minister for Transport and Roads
and Minister for Regional Transport and Roads; and to make minor consequential amendments.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Road Transport Legislation Amendment Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Road Transport Legislation Amendment Act 2021.
2 Commencement
(1) Subject to subsections (2) and (3), this Act commences on assent.
(2) Except as provided by subsection (3), Schedule 5 commences on--
(a) if section 15 of the Road Vehicle Standards Act 2018 of the Commonwealth
commences before the date of assent to this Act--on the date of assent to this
Act, or
(b) otherwise--on the day on which section 15 of the Road Vehicle Standards Act
2018 of the Commonwealth commences.
(3) Schedule 5.5 commences, or is taken to have commenced, on the day on which
section 15 of the Road Vehicle Standards Act 2018 of the Commonwealth
commences.
Page 2
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Schedule 1 Amendment of Road Transport Act 2013 No 18
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
primary producer means a person who--
(a) is a primary producer as defined by the statutory rules, and
(b) meets the eligibility criteria for a primary producer, if any, prescribed
by the statutory rules.
primary producer's vehicle means a vehicle prescribed by the statutory rules.
[2] Section 69
Omit the section. Insert instead--
69 False statements
(1) A person must not fraudulently attempt to--
(a) register, or renew the registration of, a registrable vehicle, or
(b) obtain, or renew, an unregistered vehicle permit for a registrable
vehicle, or
(c) obtain an exemption from, a concession on, or a reduction of a
registration charge, fee or tax under the road transport legislation.
(2) A person must not, without lawful authority, possess a device, plate or
document obtained fraudulently.
(3) Transport for NSW may--
(a) decide a device, plate or document obtained fraudulently is void, and
(b) make consequential amendments to the NSW registrable vehicles
register.
Maximum penalty for subsections (1) and (2)--
(a) for an individual--20 penalty units, and
(b) for a corporation--100 penalty units.
[3] Section 169B
Insert after section 169A--
169B Power to require production of information
(1) An authorised officer may require a relevant person for a vehicle to give the
authorised officer information the authorised officer reasonably requires to
assess--
(a) the eligibility of a person to receive a concessional charge for the
vehicle, or
(b) whether or not the registered operator of the vehicle has paid the correct
registration charge, fee or tax under the road transport legislation for the
vehicle, or
(c) the compliance of the registered operator of the vehicle with the
following--
(i) vehicle registration requirements and conditions applying to the
vehicle,
Page 3
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(ii) conditions, however described, attached to a concessional charge
for the vehicle.
(2) The information must be given in the form specified by the authorised officer.
(3) A person must comply with a requirement under subsection (1) unless the
person has a reasonable excuse for not complying.
Maximum penalty--
(a) for an individual--20 penalty units, and
(b) for a corporation--50 penalty units.
(4) In this section--
concessional charge means the following--
(a) a registration charge for a vehicle reduced in accordance with the
statutory rules,
(b) an exemption, or partial exemption, granted under this Act or the
statutory rules, from payment under the road transport legislation of a
registration charge, fee or tax.
relevant person, for a vehicle, means--
(a) the registered operator of the vehicle, or
(b) another person the authorised officer reasonably believes has control or
possession of the information.
[4] Schedule 2 Registration charges for heavy vehicles
Omit clause 3. Insert instead--
3 Registration charge for primary producer's vehicles
The statutory rules may prescribe the amounts of registration charges
applicable to primary producer's vehicles.
[5] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Road
Transport Legislation Amendment Act 2021
Device, plate or document obtained by false statement
Section 69, as substituted by the Road Transport Legislation Amendment Act
2021, extends to a device, plate or document fraudulently obtained before the
substitution.
Power to require production of information
The power of an authorised officer under section 169B to require a person to
give the officer information extends to information about a charge, fee or tax
incurred or paid before the commencement of that section.
Page 4
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Road Transport (Vehicle Registration) Regulation 2017
Schedule 2 Amendment of Road Transport (Vehicle
Registration) Regulation 2017
[1] Part 8, Division 1A
Insert after clause 127A--
Division 1A Registration charges for primary producer's vehicles
127B Eligibility criteria for primary producers
For the purposes of the Act, section 4(1), definition of primary producer,
paragraph (b), the eligibility criteria for a primary producer is that the primary
producer must earn at least 50 per cent of the primary producer's total income
from primary production activities.
127C Registration charges for primary producer's vehicles
For the purposes of the Act, Schedule 2, clause 3, the amounts specified in
Schedule 4A as the registration charges for primary producer's vehicles are
prescribed.
[2] Schedule 4 Registration charges for chargeable heavy vehicles
Insert ", subject to Schedule 4A," after "is" in clause 1(1).
[3] Schedule 4A
Insert after Schedule 4--
Schedule 4A Registration charges for primary producer's
vehicles
clause 127B
1 Registration charges
The registration charge for a primary producer's vehicle is the lesser of the
following amounts--
(a) the amount calculated in accordance with Schedule 4,
(b) the amount specified in the table to this Schedule.
Page 5
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Road Transport (Vehicle Registration) Regulation 2017
Table--Registration charges for primary producer's vehicles
Column 1 Column Column Column Column Column Column Column Column
2 3 4 5 6 7 8 9
Load carrying Special purpose Tractor Bus
vehicle vehicle, other
than a tractor
Weight of Not Lower Not Lower Not Lower Not Lower
vehicle lower charged lower charged lower charged lower charged
charged vehicle charged vehicle charged vehicle charged vehicle
vehicle vehicle vehicle vehicle
More Not Registration charge $
than more
kg than
kg
-- 975 197 197 359 359 197 197 359 359
975 1,150 225 222 409 403 225 222 409 403
1,150 1,500 272 259 495 471 272 259 495 471
1,500 2,500 410 389 745 707 410 389 745 707
2,500 2,790 637 637 1,207 1,207 684 663 695 695
2,790 3,050 724 724 1,372 1,372 684 663 790 790
3,050 3,300 793 793 1,503 1,503 684 663 865 865
3,300 3,560 863 863 1,635 1,635 684 663 941 941
3,560 3,810 926 926 1,755 1,755 684 663 1,010 1,010
3,810 4,060 996 996 1,889 1,889 684 663 1,087 1,087
4,060 4,320 1,063 1063 2,014 2,014 684 663 1,160 1,160
4,320 4,500 1,131 1,131 2,142 2,142 684 663 1,234 1,234
4,500 4,830 1,196 1,196 2,142 2,142 684 663 1,304 1,304
4,830 5,080 1,263 1,263 2,142 2,142 684 663 1,378 1,378
5,080 5,330 1,335 1,335 2,142 2,142 684 663 1,456 1,456
5,330 5,590 1,400 1,400 2,142 2,142 684 663 1,527 1,527
5,590 5,840 1,469 1,469 2,142 2,142 684 663 1,602 1,602
5,840 6,100 1,535 1,535 2,142 2,142 684 663 1,675 1,675
6,100 6,350 1,603 1,603 2,142 2,142 684 663 1,748 1,748
6,350 6,600 1,668 1,668 2,142 2,142 684 663 1,819 1,819
6,600 6,860 1,739 1,739 2,142 2,142 684 663 1,897 1,897
6,860 7,110 1,803 1,803 2,142 2,142 684 663 1,967 1,967
7,110 -- 1,803 plus 1,803 2,142 2,142 684 663 1,967 1,967
$65 for plus $65 plus $71 plus $71
each 254 for each for each for each
kg or part 254 kg or 254 kg or 254 kg or
by which part by part by part by
the weight which the which the which the
exceeds weight weight weight
7,110 kg exceeds exceeds exceeds
7,110 kg 7,110 kg 7,110 kg
Page 6
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Road Transport (Vehicle Registration) Regulation 2017
[4] Dictionary
Insert in alphabetical order--
load carrying vehicle has the meaning given by Schedule 4, clause 12(2).
lower charged vehicle means--
(a) a motor vehicle designated, for the purposes of this definition, by
Transport for NSW as a kind of energy efficient motor vehicle in a list--
(i) maintained by Transport for NSW, and
(ii) published on its website or in another way Transport for NSW
considers appropriate, or
(b) a trailer.
special purpose vehicle has the meaning given by Schedule 4, clause 15.
Page 7
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Motor Vehicles Taxation Act 1988 No 111
Schedule 3 Amendment of Motor Vehicles Taxation Act 1988
No 111
[1] Transferred provision--section 3(1), definition of "primary producer"
The definition of primary producer is transferred to the Road Transport (Vehicle
Registration) Regulation 2017, Dictionary and is a transferred provision to which the
Interpretation Act 1987, section 30A applies.
[2] Section 3(1), definition of "primary producer's vehicle"
Omit "(not being a motor vehicle which is used for let or hire):".
Insert instead ", other than a motor vehicle used for let or hire or a heavy vehicle used for
carting goods for use in the household of a primary producer--".
[3] Transferred provision--section 3(1), definition of "primary producer's vehicle"
The definition of primary producer's vehicle is transferred to the Road Transport (Vehicle
Registration) Regulation 2017, Dictionary and is a transferred provision to which the
Interpretation Act 1987, section 30A applies.
[4] Section 3(1)
Insert in alphabetical order--
primary producer has the same meaning as in the Road Transport Act 2013.
primary producer's vehicle has the same meaning as in the Road Transport
Act 2013.
[5] Section 3(2)(b) and (4)
Omit the provisions.
[6] Section 3B Relationship with Schedule 2 to Road Transport Act 2013
Omit "specified in Schedule 1" from section 3B. Insert instead "prescribed".
[7] Section 3B(b)
Omit "unless otherwise expressly provided in Schedule 1,".
[8] Section 4 Tax on motor vehicles
Insert after section 4(1)--
(1A) The regulations may prescribe the amount of tax applicable to a motor vehicle
for a year or part of a year.
[9] Section 4(2)
Insert "or the regulations" after "Act".
[10] Section 4(3) and (4)
Insert after section 4(2)--
(3) The regulations may provide for the annual indexation for inflation of the
amounts of tax applicable to motor vehicles.
(4) The Minister must consult with the Treasurer before recommending the
making of a regulation under subsection (3).
Page 8
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Motor Vehicles Taxation Act 1988 No 111
[11] Section 5, heading
Omit the heading. Insert instead--
5 Amounts of tax--pro-rata reductions and rounding
[12] Section 5(1)-(1E)
Omit the subsections.
[13] Transferred provision--Section 7 Determination of weight
Section 7 is transferred to the Motor Vehicles Taxation Regulation 2016, as clause 8 of the
Regulation, and is a transferred provision to which the Interpretation Act 1987, section 30A
applies.
[14] Section 17 Exemptions granted by Minister
Omit the section.
[15] Schedule 1 Motor vehicle tax for 2010
Omit the Schedule.
[16] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate clause numbering--
Provision consequent on enactment of Road Transport Legislation
Amendment Act 2021
An exemption from the payment of motor vehicle tax granted by the Minister
under section 17 before the commencement of the Road Transport Legislation
Amendment Act 2021 continues in force as if it were a declaration by the
Minister under the Road Transport Act 2013, section 19 until--
(a) it is rescinded, revoked or repealed under the Road Transport Act 2013,
section 19(2), or
(b) if the exemption is expressed to operate for a fixed period of time, the
expiry of the period.
Page 9
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Motor Vehicles Taxation Regulation 2016
Schedule 4 Amendment of Motor Vehicles Taxation
Regulation 2016
Clause 7 and Schedule 1
Insert after clause 6--
7 Motor vehicle tax
For the purposes of the Act, section 4, the amounts of motor vehicle tax
specified in Schedule 1 are prescribed.
Schedule 1 Motor vehicle tax
clause 7
1 Amount of tax for 2021
If registration or renewal of registration of a motor vehicle is effected for 1
year commencing on a date during the calendar year 2021, the amount of
motor vehicle tax applicable to the vehicle is the amount specified for the
vehicle in the table to this Schedule.
2 Tractors--special arrangements
Despite any other provision in this Schedule, the maximum amount of tax
payable for a tractor is as follows--
(a) if the tractor is both a primary producer's vehicle and a lower taxed
motor vehicle--$663,
(b) if the tractor is a primary producer's vehicle but is not a lower taxed
motor vehicle--$684,
(c) if the tractor is not a primary producer's vehicle but is a lower taxed
motor vehicle--$1,207,
(d) if the tractor is neither a primary producer's vehicle nor lower taxed
motor vehicle--$1,243.
3 Additional tax--motor vehicle over 3,560kg
(1) This clause applies to a motor vehicle--
(a) weighing more than 3,560kg, and
(b) not used substantially for private purposes.
(2) The tax payable for a motor vehicle to which this clause applies is increased
by--
(a) if the vehicle is a bus--$167, or
(b) if the vehicle is not a bus--$278.
4 Tax to increase by CPI for years after 2021
(1) If registration or renewal of registration of a motor vehicle of a class described
in the table to this Schedule is effected for 1 year commencing on a date (the
registration date) after the calendar year 2021, the amount of motor vehicle
tax applicable to the vehicle on registration or renewal of registration is--
(a) if the registration date occurs in the calendar year 2022--the amount of
the tax specified in Schedule 1 for a motor vehicle of that class, adjusted
by the prescribed proportion, or
Page 10
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Motor Vehicles Taxation Regulation 2016
(b) if the registration date occurs in a subsequent calendar year--the
amount of the tax for which a motor vehicle of that class was liable
during the previous year, adjusted by the prescribed proportion.
(2) The prescribed proportion is calculated by subtracting the CPI number for the
first previous financial year from the CPI number for the second previous
financial year, and expressing the difference obtained as a percentage of the
CPI number for the first previous financial year, rounded down to 2 decimal
places.
(3) In this clause--
CPI number means the Consumer Price Index (All Groups Index) for Sydney
issued by the Australian Bureau of Statistics.
first previous financial year means the financial year immediately preceding
the second previous financial year.
second previous financial year means the financial year immediately
preceding the financial year that ends on 30 June of the calendar year that
includes the registration date.
Table--Motor vehicle tax for 2021
Column 1 Column 2 Column 3 Column 4
Vehicle type Vehicle Vehicle weight Tax
characteristics
Exceeding kg Not $
exceeding kg
Motor cycle N/A N/A 66
Motor vehicle not Not a lower taxed 0 975 221
exceeding 2,500kg motor vehicle and
weight used substantially 975 1,150 257
for private purposes 1,150 1,500 313
1,500 2,500 479
Motor vehicle not Not a lower taxed 0 975 359
exceeding 2,500kg motor vehicle and
weight not used 975 1,150 409
substantially for 1,150 1,500 495
private purposes
1,500 2,500 745
Motor vehicle not Lower taxed motor 0 975 221
exceeding 2,500kg vehicle used
weight substantially for 975 1,150 251
private purposes 1,150 1,500 289
1,500 2,500 441
Motor vehicle not Lower taxed motor 0 975 359
exceeding 2,500kg vehicle not used
weight substantially for 975 1,150 403
private purposes 1,150 1,500 471
1,500 2,500 707
Page 11
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Motor Vehicles Taxation Regulation 2016
Column 1 Column 2 Column 3 Column 4
Vehicle type Vehicle Vehicle weight Tax
characteristics
Exceeding kg Not $
exceeding kg
Motor vehicle Not used 2,500 2,790 1,158
exceeding 2,500kg substantially for
weight private purposes 2,790 3,050 1,316
and not a bus, a 3,050 3,300 1,442
motor lorry or
self-propelled plant 3,300 3,560 1,569
3,560 3,810 1,684
3,810 4,060 1,811
4,060 4,320 1,933
4,320 4,500 2,056
Motor vehicle Used substantially 2,500 2,790 695
exceeding 2,500kg for private
weight purposes, or a bus 2,790 3,050 790
3,050 3,300 865
3,300 3,560 941
3,560 3,810 1,010
3,810 4,060 1,087
4,060 4,320 1,160
4,320 4,500 1,234
Motor lorry 2,500 4,500 707
Light self-propelled 2,500 2,790 1,207
plant
2,790 3,050 1,372
3,050 3,300 1,503
3,300 3,560 1,635
3,560 3,810 1,755
3,810 4,060 1,889
4,060 4,320 2,014
4,320 4,500 2,142
Primary producer's Not a lower taxed 0 975 197
vehicle that is a motor vehicle
tractor or a motor 975 1,150 225
lorry, other than a 1,150 1,500 272
station wagon
1,500 2,500 410
2,500 2,790 637
2,790 3,050 724
3,050 4,500 745
Page 12
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Motor Vehicles Taxation Regulation 2016
Column 1 Column 2 Column 3 Column 4
Vehicle type Vehicle Vehicle weight Tax
characteristics
Exceeding kg Not $
exceeding kg
Primary producer's Lower taxed motor 0 975 197
vehicle that is a vehicle
tractor, a trailer or a 975 1,150 222
motor lorry, other 1,150 1,500 259
than a station
wagon 1,500 2,500 389
Primary producer's Exceeding 2,500 kg 2,500 2,790 637
vehicle that is a in weight
trailer 2,790 3,050 724
3,050 4,500 745
Primary producer's Not a lower taxed 0 975 221
vehicle that is a motor vehicle
motor car or a 975 1,150 257
station wagon 1,150 1,500 313
1,500 2,500 479
2,500 2,790 695
2,790 3,050 790
3,050 3,300 865
3,300 3,560 941
3,560 3,810 1,010
3,810 4,060 1,087
4,060 4,320 1,160
4,320 4,500 1,234
Primary producer's Lower taxed motor 0 975 221
vehicle that is a vehicle
motor car or a 975 1,150 251
station wagon 1,150 1,500 289
1,500 2,500 441
Page 13
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 5 Minor and consequential amendments
Schedule 5 Minor and consequential amendments
5.1 Crimes Act 1900 No 40
[1] Section 154E Definitions
Insert "as in force immediately before its repeal" after "of the Commonwealth" in
paragraph (c) of the definition of motor vehicle in section 154E(1).
[2] Section 154J Possession of identification plate not attached to motor vehicle or
trailer
Insert "as in force immediately before its repeal" after "of the Commonwealth" in the
definition of identification plate in section 154J(3).
5.2 Interpretation Act 1987 No 15
Section 30A Transferred provisions
Omit "to another Act and an Act" from section 30A(1).
Insert instead "to another Act or statutory rule and an Act or statutory rule".
5.3 Motor Accident Injuries Regulation 2017
[1] Clause 5 Motor vehicles subject to unregistered vehicle permits (section 2.4 (1) (c))
Omit "in respect of which approval for the placement of identification plates has not been
given under section 10A of the Motor Vehicle Standards Act 1989 of the Commonwealth"
from clause 5(a).
Insert instead "that comply with subclause (2)".
[2] Clause 5(2) and (3)
Insert at the end of clause 5--
(2) A motor vehicle complies with this subclause if--
(a) the vehicle is not required to be entered on the RAV by the Road Vehicle
Standards Act 2018 of the Commonwealth or rules made under that Act,
and
(b) if applicable--approval for the placement of identification plates was
not given in relation to the vehicle under the Motor Vehicle Standards
Act 1989 of the Commonwealth, section 10A, as in force from time to
time before its repeal.
(3) In this clause--
RAV means the Register of Approved Vehicles kept under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 14(1).
5.4 Motor Accidents Compensation Regulation 2020
[1] Clause 21 Motor vehicles subject to unregistered vehicle permits
Omit ", in respect of which approval for the placement of identification plates has not been
given under section 10A of the Motor Vehicle Standards Act 1989 of the Commonwealth"
from clause 21(a).
Insert instead "that comply with subclause (2)".
Page 14
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 5 Minor and consequential amendments
[2] Clause 21(2) and (3)
Insert at the end of clause 21--
(2) A motor vehicle complies with this subclause if--
(a) the vehicle is not required to be entered on the RAV by the Road Vehicle
Standards Act 2018 of the Commonwealth or rules made under that Act,
and
(b) if applicable--approval for the placement of identification plates was
not given in relation to the vehicle under the Motor Vehicle Standards
Act 1989 of the Commonwealth, section 10A, as in force from time to
time before its repeal.
(3) In this clause--
RAV means the Register of Approved Vehicles kept under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 14(1).
5.5 National Environment Protection Council (New South Wales) Act 1995
No 4
Section 14 Council may make national environment protection measures
Omit "Motor Vehicle Standards Act 1989" from section 14(2)(b).
Insert instead "Road Vehicle Standards Act 2018".
5.6 Passenger Transport (General) Regulation 2017
Clause 80 Management information system
Omit "Australian Design Rules under the Motor Vehicle Standards Act 1989 of the
Commonwealth" from the definition of vehicle identification number in clause 80(2).
Insert instead "national road vehicle standards under the Road Vehicle Standards Act 2018
of the Commonwealth, section 12".
5.7 Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
Section 136 Nature of proceedings for offences
Insert after section 136(5)--
(6) The Commissioner is taken to be a public officer for the purposes of the
Criminal Procedure Act 1986.
5.8 Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017
Clause 21 Motor cycles--hire vehicles
Omit "the Australian Design Rules (under the Motor Vehicle Standards Act 1989 of the
Commonwealth) vehicle category definition" from clause 21(1).
Insert instead "a vehicle category definition, contained in a national road vehicle standard
under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12,".
5.9 Protection of the Environment Operations (Clean Air) Regulation 2010
Clause 14 Definitions
Omit "national standard under the Motor Vehicle Standards Act 1989 of the
Commonwealth" from the definition of ADR.
Page 15
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 5 Minor and consequential amendments
Insert instead "national road vehicle standard under the Road Vehicle Standards Act 2018
of the Commonwealth, section 12".
5.10 Protection of the Environment Operations (Noise Control) Regulation
2017
[1] Schedule 1 Prescribed stationary noise levels
Omit the definitions of ADR 83/00, certified to ADR 83/00 and compliance plate date from
clause 1.
Insert in alphabetical order--
ADR 83/00 means the national road vehicle standard made under the Road
Vehicle Standards Act 2018 of the Commonwealth, section 12, entitled
Australian Design Rule 83/00--External Noise.
identification plate means the plate authorised to be placed on a motor vehicle,
or taken to have been placed on a motor vehicle, under the Motor Vehicle
Standards Act 1989 of the Commonwealth as in force immediately before its
repeal.
identification plate date, in relation to a motor vehicle, means the date
appearing on the identification plate for the motor vehicle.
RAV means the Register of Approved Vehicles kept under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 14(1).
[2] Schedule 1, clause 1A
Insert after clause 1--
1A Certified to ADR 83/00
For this Schedule, a motor vehicle is certified to ADR 83/00 if--
(a) approval was given, under of the Motor Vehicle Standards Act 1989 of
the Commonwealth, section 10A, before the repeal of that Act, to place
identification plates showing compliance with ADR 83/00 on that
motor vehicle, or
(b) approval is given under the Road Vehicle Standards (Consequential and
Transitional Provisions) Act 2018 of the Commonwealth, Schedule 3,
item 4(2) or 6(2), or
(c) the vehicle satisfied the requirements of an entry pathway under the
Road Vehicle Standards Act 2018 of the Commonwealth, section 15(2),
including compliance with ADR 83/00, and the vehicle is entered on the
RAV.
[3] Schedule 1, clauses 2(b), 3(b) and 4(b)
Omit "compliance plate date" wherever occurring. Insert instead "identification plate date".
[4] Schedule 1, clause 2(b)(iii)
Insert at the end of clause 2(b)(ii)--
, or
(iii) if the motor car is entered on the RAV and does not have an
identification plate--the noise level established by ADR 83/00
for a motor car when stationary plus 5 dB(A).
Page 16
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 5 Minor and consequential amendments
[5] Schedule 1, clause 3(b)(iii)
Insert at the end of clause 3(b)(ii)--
, or
(iii) if the motor cycle is entered on the RAV and does not have an
identification plate--the noise level established by ADR 83/00
for a motor cycle when stationary plus 5 dB(A).
[6] Schedule 1, clause 4(b)(iii)
Insert at the end of clause 4(b)(ii)--
, or
(iii) if the vehicle is entered on the RAV and does not have an
identification plate--the stationary noise level established by
ADR 83/00 for a motor lorry or motor bus of that type when
stationary plus 5 dB(A).
5.11 Road Rules 2014
[1] Rule 266 Wearing of seatbelts by passengers under 16 years old
Omit "Motor Vehicle Standards Act 1989 of the Commonwealth" from rule 266(7),
definition of approved booster seat, paragraph (b)(iii).
Insert instead "Road Vehicle Standards Act 2018 of the Commonwealth".
[2] Dictionary
Omit "vehicle standards, as amended from time to time, determined under section 7 of the
Motor Vehicle Standards Act 1989 of the Commonwealth" from paragraph (b) of the
definition of bicycle.
Insert instead "national road vehicle standards, as amended from time to time, determined
under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12".
[3] Dictionary, definition of "bicycle", note 1
Omit "determined under section 7 of the Motor Vehicle Standards Act 1989 of the
Commonwealth".
Insert instead "determined under the Road Vehicle Standards Act 2018 of the
Commonwealth, section 12".
5.12 Road Transport Act 2013 No 18
[1] Section 25 Incorporation of documents and modification of definitions
Omit section 25(1)(a)(ii). Insert instead--
(ii) a national road vehicle standard under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 12,
[2] Section 68 Prohibition on using unregistered registrable vehicles
Insert "or 104C" after "section 84" in section 68(4).
[3] Sections 107(2)(g)(i) and 150(1)(b)
Omit "to have a sign exhibited on it" wherever occurring.
Insert instead "to be identified with a placard".
Page 17
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 5 Minor and consequential amendments
[4] Schedule 2 Registration charges for heavy vehicles
Omit the definition of compliance plate from clause 1. Insert in alphabetical order--
identification plate means a plate authorised to be placed on a vehicle, or taken
to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989
of the Commonwealth as in force immediately before its repeal.
RAV means the Register of Approved Vehicles kept under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 14(1).
[5] Schedule 2, clause 1, definition of "MRC (Mass Rating for Charging)"
Omit "compliance plate" from paragraph (a).
Insert instead "identification plate or on the RAV for the vehicle".
[6] Schedule 2, clause 1, definition of "MRC (Mass Rating for Charging)"
Omit "compliance plate" from paragraph (b).
Insert instead "identification plate".
[7] Schedule 2 Registration charges for heavy vehicles
Omit "the an appropriate officer" from Schedule 2, clause 19(3).
Insert instead "an appropriate officer".
5.13 Road Transport (Driver Licensing) Regulation 2017
[1] Clause 4 Definitions
Omit paragraph (a) from the definition of car-based motor tricycle in clause 4(1).
Insert instead--
(a) has the category of LEM, LEP or LEG--
(i) as displayed on an identification plate on the motor trike issued
under the Motor Vehicle Standards Act 1989 of the
Commonwealth as in force immediately before its repeal, or
(ii) as recorded on the RAV for the motor trike, and
[2] Clause 4(1)
Insert in alphabetical order--
RAV means the Register of Approved Vehicles kept under the Road Vehicle
Standards Act 2018 of the Commonwealth, section 14(1).
[3] Clause 99 Other exemptions from licensing
Omit "vehicle standards, as amended from time to time, determined under section 7 of the
Motor Vehicle Standards Act 1989 of the Commonwealth" wherever occurring in clause
99(1)(c) and (2)(c).
Insert instead "national road vehicle standards, as amended from time to time, determined
under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12".
Page 18
Road Transport Legislation Amendment Bill 2021 [NSW]
Schedule 5 Minor and consequential amendments
[4] Clause 99(1), note
Omit "determined under section 7 of the Motor Vehicle Standards Act 1989 of the
Commonwealth".
Insert instead "determined under the Road Vehicle Standards Act 2018 of the
Commonwealth, section 12".
Page 19
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