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New South Wales
Road Transport (Vehicle Registration)
Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Road Transport (Heavy Vehicles Registration
Charges) Act 1995 No 72 2
4 Repeal of Road Transport (Heavy Vehicles Registration
Charges) Regulation 2006 2
Schedule 1 Amendment of Road Transport (Vehicle Registration)
Act 1997 No 119 3
Schedule 2 Consequential amendment of other Acts and Regulations 19
b2009-110-94.d09
New South Wales
Road Transport (Vehicle Registration)
Amendment (Heavy Vehicle
Registration Charges) Bill 2009
No , 2009
A Bill for
An Act to amend the Road Transport (Vehicle Registration) Act 1997 to make
provision for registration charges for heavy vehicles; and to repeal and amend certain
other Acts and Regulations consequentially.
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Clause 1 Registration Charges) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport (Vehicle Registration) Amendment 3
(Heavy Vehicle Registration Charges) Act 2009. 4
2 Commencement 5
This Act commences on a day to be appointed by proclamation. 6
3 Repeal of Road Transport (Heavy Vehicles Registration Charges) Act 7
1995 No 72 8
The Road Transport (Heavy Vehicles Registration Charges) Act 1995 9
is repealed. 10
4 Repeal of Road Transport (Heavy Vehicles Registration Charges) 11
Regulation 2006 12
The Road Transport (Heavy Vehicles Registration Charges) Regulation 13
2006 is repealed. 14
Page 2
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
Schedule 1 Amendment of Road Transport (Vehicle 1
Registration) Act 1997 No 119 2
[1] Part 1 Preliminary 3
Omit the note at the beginning of the Part. Insert instead: 4
Note. This Act and the regulations made under it form part of the road 5
transport legislation identified by section 5 of the Road Transport 6
(General) Act 2005. Other road transport legislation includes the Motor 7
Vehicles Taxation Act 1988, the Road Transport (Driver Licensing) Act 8
1998, the Road Transport (General) Act 2005, the Road Transport 9
(Safety and Traffic Management) Act 1999 and the statutory rules made 10
under those Acts. As part of the road transport legislation, this Act is 11
subject to various provisions in the Road Transport (General) Act 2005 12
concerning the administration and enforcement of the road transport 13
legislation generally. 14
[2] Section 4 Definitions 15
Insert in alphabetical order: 16
chargeable heavy vehicle--see section 17 (1). 17
registration charge--see section 17 (1). 18
[3] Section 7 Functions of Authority 19
Omit "the Road Transport (Heavy Vehicles Registration Charges) Act 1995 20
or" from section 7 (1) (c). 21
[4] Section 8 Powers of Authority 22
Omit "the Road Transport (Heavy Vehicles Registration Charges) Act 1995 23
or" from section 8 (1) (g). 24
[5] Part 2A 25
Insert after Part 2: 26
Part 2A Registration charges for heavy vehicles 27
Division 1 Preliminary 28
17 Definitions 29
(1) In this Part: 30
administration fee means a fee payable under section 17C (2). 31
appropriate officer means any person authorised by the 32
Authority for the purposes of this Part either generally or in any 33
particular case. 34
Page 3
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
chargeable heavy vehicle means a vehicle that has a MRC (Mass 1
Rating for Charging) of more than 4.5 tonnes. 2
compliance plate means a plate authorised to be placed on a 3
vehicle, or taken to have been placed on a vehicle, under the 4
Motor Vehicle Standards Act 1989 of the Commonwealth. 5
configuration of a vehicle means a description of a vehicle in the 6
regulations for which separate provision is made in the 7
regulations for the amount of the registration charge. 8
financial year means a year commencing on 1 July. 9
MRC (Mass Rating for Charging), in relation to a 10
vehicle, means: 11
(a) the maximum mass of the vehicle (including any load, 12
recorded on the compliance plate as the GVM, GTMR 13
or ATM of the vehicle), or 14
(b) in relation to a vehicle for which there is no 15
compliance plate--its operating mass. 16
Note. GVM means Gross Vehicle Mass, GTMR means Gross Trailer 17
Mass Rating and ATM means Aggregate Trailer Mass. 18
operating mass, in relation to a vehicle, means the maximum 19
mass of the vehicle, including any load, as determined by the 20
Authority having regard to the design and construction of the 21
vehicle or of any of its components. 22
owner, in relation to a vehicle, includes: 23
(a) every person who is the owner, joint owner or part owner 24
of the vehicle, and 25
(b) any person who has the use of the vehicle under a 26
hire-purchase or hiring agreement, 27
but does not include the lessor of a vehicle under a hire-purchase 28
agreement. 29
registration charge means a charge imposed under this Part for 30
the registration or renewal of registration of a chargeable heavy 31
vehicle. 32
road transport legislation has the same meaning as in the Road 33
Transport (General) Act 2005. 34
vehicle means a motor vehicle or trailer within the meaning of the 35
Road Transport (General) Act 2005. 36
(2) Any reference in this Part to regulations made for the purposes of 37
this Part is a reference to regulations made under this Act for or 38
with respect to a matter that is required or permitted to be 39
prescribed by a provision of this Part. 40
Page 4
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
Division 2 Amount of registration charges for 1
chargeable heavy vehicles 2
17A Amount of annual registration charge for chargeable heavy 3
vehicles 4
(1) The annual registration charge for a chargeable heavy vehicle 5
that is registered, or the registration of which is renewed, during 6
a particular financial year is the amount for the type or kind of 7
vehicle specified by, or calculated in accordance with, the 8
regulations. 9
Note. See section 17C for the calculation of registration charges for 10
chargeable heavy vehicles registered for less than one year. Also, 11
annual registration charges are not payable to the extent to which an 12
exemption or partial exemption is granted by or under regulations made 13
for the purposes of subsection (2) (c). 14
(2) Without limiting subsection (1), the regulations may make 15
provision for or with respect to the following: 16
(a) the specification or calculation of registration charges by 17
reference to types or kinds of chargeable heavy vehicles, 18
(b) the indexation of the amount payable for registration 19
charges over a number of financial years, 20
(c) exemptions or partial exemptions (or the granting of 21
exemptions or partial exemptions) from, or reductions in, 22
registration charges, 23
(d) the refunding of registration charges paid for the 24
registration of a chargeable heavy vehicle if, during the 25
currency of the registration, a change is made in the 26
construction, equipment, configuration, use or ownership 27
of the vehicle of such a nature that no charges or a reduced 28
amount of charges would be payable in respect of the 29
vehicle on the renewal of its registration, 30
(e) the amount of any such refund to be calculated in 31
accordance with a formula to be prescribed by the 32
regulations, 33
(f) the production, at the time of application for registration or 34
renewal of registration of a chargeable heavy vehicle or at 35
any time during the currency of the registration, of 36
weighbridge tickets showing the weight of the vehicle, 37
(g) fees of an administrative nature for changes in registration 38
charges and registration arising out of a change in the 39
construction, equipment, configuration, use or ownership 40
of a chargeable heavy vehicle. 41
Page 5
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(3) The Minister is not to recommend the making of a regulation that 1
prescribes any amounts as annual registration charges, or the 2
manner in which annual registration charges are to be calculated, 3
for chargeable heavy vehicles unless the Minister is satisfied that 4
the provisions of the regulation are consistent with: 5
(a) model legislation within the meaning of the National 6
Transport Commission Act 2003 of the Commonwealth, or 7
(b) provisions for road transport laws that are recommended or 8
approved by the Australian Transport Council or the 9
National Transport Commission under the Agreement 10
referred to in section 4 of the National Transport 11
Commission Act 2003 of the Commonwealth for 12
implementation or adoption by the parties to that 13
Agreement. 14
(4) For the avoidance of doubt, subsection (3) does not limit the 15
ability of the Minister to recommend the making of a regulation 16
that makes provision for or with respect to exemptions or partial 17
exemptions from, or refunds of, registration charges. 18
17B Registration charge for primary producer's vehicle 19
(1) If the registration charge for a primary producer's vehicle that, 20
but for this section, would be payable under this Part (the charge 21
under this Part) is more than the motor vehicle tax that, but for 22
section 3B of the Motor Vehicles Taxation Act 1988, would be 23
payable under that Act (the tax under the 1988 Act), the 24
registration charge for the vehicle is not the charge under this Part 25
but the tax under the 1988 Act. 26
(2) The effect of the following may be ignored for the purpose of 27
calculating the motor vehicle tax referred to in subsection (1): 28
(a) any exemption granted under section 17 of the Motor 29
Vehicles Taxation Act 1988, 30
(b) clause 3 (c) of Schedule 1 to that Act (to the extent to 31
which it excludes motor lorries from the operation of that 32
clause), 33
(c) clause 9 of Schedule 1 to that Act. 34
(3) In this section: 35
primary producer's vehicle has the same meaning as in the 36
Motor Vehicles Taxation Act 1988. 37
Page 6
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
Division 3 Registration charges for registration periods 1
of less than one year 2
17C Amount of registration charge for chargeable heavy vehicle 3
registered for less than one year 4
(1) The amount of the registration charge for a chargeable heavy 5
vehicle to be registered for a period of less than one year is the 6
amount calculated by multiplying the relevant annual registration 7
charge for the vehicle by the number of days for which 8
registration or renewal of registration is to have effect and 9
dividing the result by 365. 10
(2) If registration or renewal of registration of a chargeable heavy 11
vehicle is to have effect for a period of less than one year, the 12
Authority may impose an additional administration fee of not 13
more than 10 percent of the relevant registration charge for that 14
period. 15
(3) The amount of a registration charge or administration fee referred 16
to in this section is to be rounded up or down to the nearest whole 17
dollar amount (rounding an amount of 50 cents upwards). 18
Division 4 When registration charges payable 19
17D Definition 20
In this Division: 21
registration charges includes administration fees. 22
17E Payment of registration charges 23
(1) The registration charges for a chargeable heavy vehicle must be 24
paid: 25
(a) at the time of application for registration of the vehicle, 26
and 27
(b) at the time of application for each renewal of registration 28
of the vehicle. 29
(2) A person in whose name an application for registration or 30
renewal of registration is made must not fail to pay the full 31
amount of registration charges required by subsection (1). 32
Maximum penalty: 20 penalty units (in the case of an individual) 33
or 100 penalty units (in the case of a corporation). 34
(3) Registration charges are payable in respect of a registration or 35
renewal of registration that occurs after the commencement of 36
this section. 37
Page 7
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(4) Despite the conviction of a person for an offence under this 1
section, the person remains liable to pay the unpaid amount of the 2
registration charges. 3
17F Use of unregistered vehicles and vehicles for which charges 4
unpaid 5
(1) This section applies to the following kinds of chargeable heavy 6
vehicle (other than a vehicle exempted from registration): 7
(a) a vehicle that is not registered, 8
(b) a registered vehicle that is liable to registration charges 9
(including any charges or additional charges payable under 10
section 17J) but for which such charges, though due and 11
payable, have not been paid. 12
(2) The owner of a vehicle to which this section applies must not: 13
(a) use or drive the vehicle on a road or road related area, or 14
(b) cause or permit it to be driven on a road or road related 15
area. 16
Maximum penalty: 20 penalty units (in the case of an individual) 17
or 100 penalty units (in the case of a corporation). 18
(3) In addition to imposing a penalty for an offence under this 19
section, the court concerned may order the owner to pay to the 20
Authority within a time specified by the order: 21
(a) if the vehicle is not registered--the registration charges 22
that would be due on the application for the registration or 23
renewal of registration of the vehicle for a period of 1 year 24
or for such greater or lesser period as the court in all the 25
circumstances thinks just, or 26
(b) if the vehicle is registered--the registration charges so due 27
and payable. 28
Division 5 Assessment and collection of charges and 29
fees 30
17G Authority to determine charges and fees 31
The Authority must determine, in accordance with this Part and 32
the regulations, whether any registration charges or 33
administration fees are payable under this Part in respect of a 34
vehicle and, if there are, the amount of the charges or fees. 35
Page 8
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
17H Provision of information to determine charges 1
(1) For the purpose of determining whether any registration charges 2
under this Part are payable in respect of a vehicle and, if so, the 3
amount of the charges, the Authority or an appropriate officer 4
may: 5
(a) require the owner or person in charge of the vehicle to 6
produce the vehicle within a specified period and at a 7
specified place and provide all reasonable facilities to 8
enable an appropriate officer to examine it, or 9
(b) require the owner or person in charge of the vehicle or 10
person liable to pay registration charges to provide such 11
information in writing by statutory declaration or 12
otherwise as the Authority or the appropriate officer 13
considers appropriate. 14
(2) An owner or other person must not fail to comply with a 15
requirement under subsection (1). 16
Maximum penalty: 20 penalty units (in the case of an individual) 17
or 100 penalty units (in the case of a corporation). 18
(3) An owner or other person must not provide information knowing 19
it to be false or misleading in respect of any matter necessary or 20
convenient to enable the appropriate registration charges under 21
this Part to be determined. 22
Maximum penalty: 20 penalty units (in the case of an individual) 23
or 100 penalty units (in the case of a corporation). 24
(4) An owner or other person must comply with a requirement under 25
subsection (1) at the owner's or other person's own cost if 26
required to do so by the Authority. 27
17I Adjustment of charges by Authority 28
(1) The Authority may, at any time, alter, vary or rescind any 29
determination as to registration charges or administration fees, or 30
may refund the whole or any portion of any charges or fees paid, 31
for the purpose of ensuring that this Part is complied with. 32
(2) The Authority may require a person in whose name a chargeable 33
heavy vehicle is registered to pay registration charges or 34
administration fees or additional charges or fees, within a 35
specified time, if the charges or fees are payable as a result of 36
action taken under subsection (1). 37
Page 9
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(3) A person must not fail to comply with a requirement under 1
subsection (2). 2
Maximum penalty: 20 penalty units (in the case of an individual) 3
or 100 penalty units (in the case of a corporation). 4
(4) In addition to imposing a penalty for any such offence, the court 5
concerned may order the person to pay to the Authority within a 6
specified period the amount of the registration charges or 7
administration fees or additional charges or fees. 8
(5) A person is not liable to pay registration charges or 9
administration fees or additional charges or fees as a result of 10
action taken under subsection (1) if the Authority's determination 11
was made more than 3 years before the date of the action and the 12
person satisfies the Authority that there was no intention to avoid 13
paying charges or fees. 14
17J Changes in owners or to vehicles must be notified to Authority 15
(1) A person in whose name a chargeable heavy vehicle is registered 16
must notify the Authority of any change during the currency of 17
the registration in the construction, equipment, configuration, use 18
or ownership of the vehicle of such a nature that registration 19
charges or additional registration charges would be payable if the 20
registration was renewed when the change occurred. 21
Maximum penalty: 100 penalty units. 22
(2) The person or, if the change is in ownership, the new owner must 23
pay to the Authority the appropriate amount of registration 24
charges or additional registration charges forthwith or within the 25
period specified by the Authority. 26
Maximum penalty: 20 penalty units (in the case of an individual) 27
or 100 penalty units (in the case of a corporation). 28
(3) A person who is required by subsection (1) to notify the 29
Authority of any change in the construction, equipment, 30
configuration, use or ownership of a vehicle must not authorise 31
or permit the use of the vehicle on a road or road related area until 32
the Authority has been so notified. 33
Maximum penalty: 100 penalty units. 34
(4) In addition to imposing a penalty for an offence under this 35
section, the court concerned may order the offender to pay to the 36
Authority within a specified period any amount that, from the 37
evidence given during the proceedings, the court is satisfied the 38
offender should have paid to the Authority as registration charges 39
or administration fees or additional charges or fees. 40
Page 10
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
17K Calculation of charges arising from changes 1
(1) The registration charges or additional registration charges 2
payable under section 17J are for the unexpired period of the 3
registration or for such shorter period as the Authority, having 4
regard to the temporary nature of any change, determines should 5
apply. 6
(2) The charges are to be calculated at the rate of: 7
(a) in the case of the registration of a chargeable heavy vehicle 8
for a period of more than 3 months--one-twelfth of the 9
charge applicable after the change in respect of a yearly 10
registration if the vehicle was exempt from or not liable to 11
registration charges before the change or, as the case may 12
be, one-twelfth of the difference between the charge 13
applicable before the change and the charge applicable 14
after the change in respect of a yearly registration, or 15
(b) in the case of the registration of a chargeable heavy vehicle 16
for a period of 3 months or less--one-third of the charge 17
applicable after the change in respect of a quarterly 18
registration if the vehicle was exempt from or not liable to 19
registration charges before the change or, as the case may 20
be, one-third of the difference between the charge 21
applicable before the change and the charge applicable 22
after the change in respect of a quarterly registration, 23
for each month or part of a month in the unexpired period or the 24
shorter period, as the case may be. 25
17L Refund of charges on cancellation of registration 26
(1) If the Authority cancels the registration of a chargeable heavy 27
vehicle on the application of the person in whose name the 28
vehicle is registered before the registration expires, the Authority 29
may, in its discretion, grant to the person a refund of the 30
registration charges imposed in respect of the vehicle. 31
(2) The refund is to be calculated: 32
(a) at the rate of one-twelfth of the charge applicable in respect 33
of a yearly registration for each complete month in the 34
portion of the unexpired period of the registration at the 35
date of the cancellation, less any cancellation fee 36
determined by the Authority, or 37
(b) in such manner as may be prescribed by the regulations. 38
Page 11
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
17M Time limit for refunds 1
A person is not entitled to a refund of registration charges if the 2
application for the refund is made more than 3 years from the date 3
of payment of the charges. 4
Division 6 Other provisions dealing with registration 5
charges 6
17N Vehicles registered in another jurisdiction 7
(1) The owner of a chargeable heavy vehicle registered in another 8
jurisdiction, or which is exempted from registration in another 9
jurisdiction (other than because the vehicle is registered 10
elsewhere), must not: 11
(a) use or drive the vehicle on a road or road related area other 12
than in the configuration for which it is registered or in 13
which it is so exempt, or 14
(b) cause or permit it to be so driven on a road or road related 15
area. 16
Maximum penalty: 100 penalty units. 17
(2) This section does not apply if the vehicle, in its changed 18
configuration, would be liable to the same or less registration 19
charges in the jurisdiction in which it is registered than those paid 20
for the configuration for which it is registered or in which it is so 21
exempt. 22
(3) In this section: 23
another jurisdiction means a jurisdiction other than New South 24
Wales. 25
17O Powers to do certain things not affected 26
Nothing in this Part affects any power under the road transport 27
legislation (other than this Part) or any other Act: 28
(a) to charge fees in respect of the inspection of vehicles for 29
the purpose of registration, or 30
(b) to make rebates of registration charges for particular 31
classes of vehicles or road users, or 32
(c) to charge pro rata amounts for registrations that are for less 33
than a whole year, or 34
(d) to make refunds in respect of the surrender of the 35
registration of a vehicle, or 36
Page 12
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(e) to charge other administrative fees or other charges in 1
respect of matters relating to vehicles (including 2
registration of vehicles). 3
17P Particulars of orders to be sent to Authority 4
(1) The relevant registrar of the Local Court is to forward to the 5
Authority particulars of any conviction or order made under this 6
Part or regulations made for the purposes of this Part. 7
(2) Whenever a person is by an order made by a court under this Part 8
adjudged to pay registration charges or administration fees or 9
additional charges or fees, the provisions of any other Act do not 10
apply to or in respect of the order, but instead the order: 11
(a) operates as an order for the payment of money under the 12
Civil Procedure Act 2005, and 13
(b) is enforceable as such an order under the provisions of that 14
Act. 15
(3) For the purposes of subsection (2), an order referred to in that 16
subsection may be entered in the records of the Local Court if the 17
order was made in the manner prescribed by rules made under the 18
Civil Procedure Act 2005. 19
(4) A registrar of the Local Court must pay to the Authority any 20
amount paid to the registrar under an order referred to in 21
subsection (2). 22
17Q Evidence of charges and fees 23
In any proceedings under this Part, the production by the 24
Authority or on its behalf of a certificate purporting to be signed 25
by an appropriate officer certifying the following is admissible in 26
those proceedings and is evidence of the particulars contained in 27
the certificate: 28
(a) that the amount specified in the certificate as being the 29
amount of registration charges or administration fees 30
payable in respect of a vehicle is due and unpaid, or was 31
due or paid on a specified date, or was not paid before a 32
specified date, 33
(b) that an adjustment of charges or a requirement to pay 34
registration charges or additional registration charges in 35
respect of a vehicle was made in accordance with this Part. 36
Page 13
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
17R Variation and revocation of exemptions and other actions 1
(1) The Minister (in the case of an exemption or partial exemption 2
from registration charges under regulations made for the 3
purposes of this Part) or the Authority (in the case of a reduction 4
of registration charges, a refund of registration charges or an 5
approval under this Part or regulations made for the purposes of 6
this Part) may: 7
(a) impose such conditions as the Minister or Authority thinks 8
fit, and 9
(b) revoke or vary any such condition or add any condition at 10
any time during the period in respect of which the 11
exemption, partial exemption, reduction, refund or 12
approval operates. 13
(2) A person must not fail to comply with a condition in force under 14
this section. 15
Maximum penalty: 20 penalty units (in the case of an individual) 16
or 100 penalty units (in the case of a corporation). 17
(3) When this Part or regulations made for the purposes of this Part 18
confer power on the Minister, the Authority or an appropriate 19
officer: 20
(a) to grant an exemption or partial exemption from, or 21
reduction of, charges, or 22
(b) to grant an approval, or 23
(c) to give a direction, or 24
(d) to make a request, or 25
(e) to do any other act, matter or thing, 26
the Minister, Authority or officer is also empowered to revoke or 27
vary the exemption, partial exemption, approval, direction, 28
request, act, matter or thing. 29
17S Charges and fees to be paid into Roads and Traffic Authority Fund 30
(1) There is appropriated by this section for payment out of the 31
Consolidated Fund into the Roads and Traffic Authority Fund all 32
amounts received on or after the commencement of this section 33
in payment of registration charges and administration fees under 34
this Part. 35
(2) There is payable out of the Roads and Traffic Authority Fund 36
such amounts as may become payable under this Part by way of 37
refunds of registration charges or administration fees. 38
Page 14
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(3) In this section: 1
Roads and Traffic Authority Fund means the Roads and Traffic 2
Authority Fund established under the Transport Administration 3
Act 1988. 4
[6] Section 27 Power to seize unregistered vehicles 5
Omit "charges or administration fees imposed under the Road Transport 6
(Heavy Vehicles Registration Charges) Act 1995" from section 27 (5) (b). 7
Insert instead "registration charges or administration fees imposed under 8
Part 2A". 9
[7] Section 30 Unpaid charges and fees 10
Insert ", except as provided by section 17P (2)," after "Authority and". 11
[8] Schedule 3 Savings and transitional provisions 12
Insert at the end of clause 1 (1): 13
Road Transport (Vehicle Registration) Amendment (Heavy 14
Vehicle Registration Charges) Act 2009 15
[9] Schedule 3 16
Insert at the end of the Schedule (with appropriate Part and clause numbers): 17
Part Provisions consequent on enactment of 18
Road Transport (Vehicle Registration) 19
Amendment (Heavy Vehicle Registration 20
Charges) Act 2009 21
Definitions 22
In this Part: 23
amending Act means the Road Transport (Vehicle Registration) 24
Amendment (Heavy Vehicle Registration Charges) Act 2009. 25
corresponding provision of this Act or the regulations, in relation 26
to any provision of the repealed charges legislation, means any 27
provision of this Act or the regulations that corresponds (or 28
substantially corresponds) to the provision of the repealed 29
charges legislation. 30
repeal day means the day on which the repealed charges 31
legislation is repealed by the amending Act. 32
repealed Act means the Road Transport (Heavy Vehicles 33
Registration Charges) Act 1995. 34
Page 15
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
repealed charges legislation means: 1
(a) the repealed Act, and 2
(b) the Road Transport (Heavy Vehicles Registration 3
Charges) Regulation 2006. 4
Charges and administration fees paid or payable under repealed 5
charges legislation 6
(1) Any applicable registration charges or administration fees under 7
the repealed charges legislation that were paid in respect of a 8
registration or renewal of registration of a chargeable heavy 9
vehicle before the repeal day for a registration period ending after 10
that day are taken on and from the repeal day to be registration 11
charges or administrative fees paid under Part 2A of this Act for 12
the vehicle for the unexpired balance of the registration period. 13
(2) Any registration charges or administrative fees payable under the 14
repealed charges legislation immediately before the repeal day in 15
respect of the registration or renewal of registration of a 16
chargeable heavy vehicle continue to be payable on and from the 17
repeal day in accordance with that legislation despite the repeal 18
of that legislation. 19
(3) Any registration charges or administrative fees referred to in 20
subclause (2) that are paid on or after the repeal day for a 21
registration period ending after that day are taken to be 22
registration charges or administrative fees paid under Part 2A of 23
this Act for the vehicle for the unexpired balance of the 24
registration period. 25
Payment of charges and fees collected under repealed charges 26
legislation into Consolidated Fund 27
(1) Any registration charges or administrative fees payable under the 28
repealed charges legislation that are paid on or after the repeal 29
day are to be paid into the Consolidated Fund. However, 30
section 17S of this Act extends to any such charges or fees as if 31
they were charges or fees paid under Part 2A of this Act. 32
(2) Section 37 of the repealed Act, as in force immediately before the 33
repeal day, continues to apply on and from the repeal day in 34
respect of charges or fees paid under that Act before the repeal 35
day. 36
Existing refund rights not affected 37
Nothing in this Part affects any right to a refund arising under the 38
repealed charges legislation (whether before or after the repeal 39
day). 40
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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
Orders to pay additional penalty in relation to certain offences 1
under repealed Act 2
Sections 13 (2), 19 (2) and 20 (3) of the repealed Act continue to 3
apply on and from the repeal day in relation to offences 4
committed before the repeal day. 5
Existing authorised officers 6
Any person who was an authorised officer for the purposes of the 7
repealed Act immediately before the repeal day is taken on and 8
from that day to be authorised to be an appropriate officer for the 9
purposes of Part 2A of this Act until such time as the person 10
ceases to be so authorised under Part 2A of this Act. 11
References to repealed Act and this Act 12
(1) In any other Act or in any instrument made under another Act 13
(and except as provided by subclauses (2) and (3)): 14
(a) subject to paragraph (b), a reference to the repealed Act is 15
to be read on and from the repeal day as a reference to 16
Part 2A of this Act, and 17
(b) a reference to a provision of the repealed Act is to be read 18
on and from the repeal day as a reference to the 19
corresponding provision (if any) of this Act or the 20
regulations. 21
(2) Subclause (1) does not apply to the following: 22
(a) references to the repealed Act in the Motor Vehicles 23
Taxation Act 1988, 24
(b) such other references to the repealed Act in an Act, or an 25
instrument made under an Act, as may be prescribed by the 26
regulations. 27
(3) A reference to this Act (or to Part 2A of this Act) in any of the 28
following provisions is to be read on and from the repeal day as 29
including a reference to the repealed Act: 30
(a) section 5 (1) (e), and the definition of road transport 31
legislation in section 187 (7), of the Road Transport 32
(General) Act 2005, 33
(b) sections 78 (1) (b) (i) and 106 (2) of the Transport 34
Administration Act 1988, 35
(c) sections 7 (1) (c), 8 (1) (g) and 27 (5) (b) of this Act, 36
(d) clauses 14 (3) and 41 (1) (c) of the Road Transport 37
(Vehicle Registration) Regulation 2007, 38
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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(e) such other provisions of Acts, or instruments made under 1
Acts, as may be prescribed by the regulations. 2
General savings provision 3
(1) Subject to this Part and the regulations, anything done under or 4
for the purposes of a provision of the repealed charges legislation 5
is, to the extent that the thing is in force or has effect immediately 6
before the repeal day, taken on and from the repeal day to have 7
been done under or for the purposes of the corresponding 8
provision (if any) of this Act or the regulations. 9
(2) Without limiting subclause (1), any exemption, approval, 10
direction, request or certificate given or made under the repealed 11
charges legislation that is continued in force or effect by 12
subclause (1) may be repealed, revoked or replaced in accordance 13
with this Act and the regulations. 14
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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Consequential amendment of other Acts and Regulations Schedule 2
Schedule 2 Consequential amendment of other Acts 1
and Regulations 2
2.1 Children's Services Regulation 2004 3
[1] Clause 5 Meaning of "notifiable offence" 4
Omit "section 19 (2) of the Road Transport (General) Act 1999" from 5
clause 5 (2) (g). 6
Insert instead "section 171 (2) of the Road Transport (General) Act 2005". 7
[2] Clause 5 (3) 8
Omit the subclause and the note that follows it. Insert instead: 9
(3) In this clause, road transport legislation has the same meaning 10
as in the Road Transport (General) Act 2005. 11
Note. Road transport legislation is defined in section 5 of the Road 12
Transport (General) Act 2005 as: 13
(a) that Act, 14
(b) the Road Transport (Driver Licensing) Act 1998, 15
(c) the Road Transport (Safety and Traffic Management) Act 1999, 16
(d) the Road Transport (Vehicle Registration) Act 1997, 17
(e) the Motor Vehicles Taxation Act 1988, 18
(f) any other Act or regulation (or any provision of such an Act or 19
regulation) prescribed by the regulations under the Road 20
Transport (General) Act 2005, 21
(g) any statutory rule made under any Act referred to in 22
paragraphs (a)-(e) above. 23
2.2 Criminal Procedure Regulation 2005 24
Schedule 6 Traffic offender intervention program 25
Omit the note to the definition of traffic offence from clause 1. Insert instead: 26
Note. Road transport legislation is defined in section 5 of the Road 27
Transport (General) Act 2005 as: 28
(a) that Act, 29
(b) the Road Transport (Driver Licensing) Act 1998, 30
(c) the Road Transport (Safety and Traffic Management) Act 1999, 31
(d) the Road Transport (Vehicle Registration) Act 1997, 32
(e) the Motor Vehicles Taxation Act 1988, 33
(f) any other Act or regulation (or any provision of such an Act or 34
regulation) prescribed by the regulations under the Road 35
Transport (General) Act 2005, 36
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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 2 Consequential amendment of other Acts and Regulations
(g) any statutory rule made under any Act referred to in 1
paragraphs (a)-(e) above. 2
2.3 Motor Vehicles Taxation Act 1988 No 111 3
[1] Section 3B 4
Omit the section. Insert instead: 5
3B Relationship with Part 2A of Road Transport (Vehicle Registration) 6
Act 1997 7
This Act applies to motor vehicles in respect of which an amount 8
of tax (including a nil amount) is specified in Schedule 1, but 9
does not apply to a vehicle in respect of which a registration 10
charge (including a nil charge) is imposed under Part 2A of the 11
Road Transport (Vehicle Registration) Act 1997 or which is 12
exempt from registration charges under that Part. 13
Note. Part 2A of the Road Transport (Vehicle Registration) Act 1997 14
makes provision for registration charges for heavy vehicles. 15
[2] Section 5 Amount of tax 16
Insert after section 5 (1D): 17
(1E) For the purposes of the calculation of the amount of motor 18
vehicle tax as provided by subsection (1A) for a calendar year (or 19
part of calendar year) occurring after the commencement of 20
Part 2A of the Road Transport (Vehicle Registration) Act 1997: 21
(a) any reference in Schedule 1 to charges (including a nil 22
charge) under the Road Transport (Heavy Vehicles 23
Registration Charges) Act 1995 is to be read as a reference 24
to registration charges (including a nil charge) under 25
Part 2A of the Road Transport (Vehicle Registration) 26
Act 1997, and 27
(b) any reference in Schedule 1 to a vehicle being exempt from 28
charges under Part 4 of the Road Transport (Heavy 29
Vehicles Registration Charges) Act 1995 is to be read as a 30
reference to a vehicle being exempt from registration 31
charges under Part 2A of the Road Transport (Vehicle 32
Registration) Act 1997. 33
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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Consequential amendment of other Acts and Regulations Schedule 2
2.4 Road Transport (Driver Licensing) Act 1998 No 99 1
Part 1 Preliminary 2
Omit the note at the beginning of the Part. Insert instead: 3
Note. This Act and the regulations made under it form part of the road 4
transport legislation identified by section 5 of the Road Transport 5
(General) Act 2005. Other road transport legislation includes the Motor 6
Vehicles Taxation Act 1988, the Road Transport (General) Act 2005, the 7
Road Transport (Safety and Traffic Management) Act 1999, the Road 8
Transport (Vehicle Registration) Act 1997 and the statutory rules made 9
under those Acts. As part of the road transport legislation, this Act is 10
subject to various provisions in the Road Transport (General) Act 2005 11
concerning the administration and enforcement of the road transport 12
legislation generally. 13
2.5 Road Transport (General) Act 2005 No 11 14
[1] Part 1.1 Introductory 15
Omit the note at the beginning of the Part. Insert instead: 16
Note. This Act and the regulations made under it form part of the road 17
transport legislation identified by section 5. Other road transport 18
legislation includes the Motor Vehicles Taxation Act 1988, the Road 19
Transport (Driver Licensing) Act 1998, the Road Transport (Safety and 20
Traffic Management) Act 1999, the Road Transport (Vehicle 21
Registration) Act 1997 and the statutory rules made under those Acts. 22
As part of the road transport legislation, this Act is subject to various 23
provisions in this Act concerning the administration and enforcement of 24
the road transport legislation generally. 25
[2] Section 5 Meaning of "road transport legislation" 26
Omit section 5 (1) (c). 27
[3] Section 187 Court may impose penalty and disqualify driver on 28
conviction 29
Omit the definition of road transport legislation from section 187 (7). 30
Insert instead: 31
road transport legislation does not include the following: 32
(a) the Motor Vehicles Taxation Act 1988 or regulations made 33
under that Act, 34
(b) Part 2A of the Road Transport (Vehicle Registration) 35
Act 1997 or regulations made for the purposes of that Part 36
(within the meaning of that Part). 37
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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle
Registration Charges) Bill 2009
Schedule 2 Consequential amendment of other Acts and Regulations
2.6 Road Transport (Safety and Traffic Management) Act 1
1999 No 20 2
Part 1 Preliminary 3
Omit the note at the beginning of the Part. Insert instead: 4
Note. This Act and the statutory rules made under it form part of the 5
road transport legislation identified by section 5 of the Road Transport 6
(General) Act 2005. Other road transport legislation includes the Motor 7
Vehicles Taxation Act 1988, the Road Transport (Driver Licensing) Act 8
1998, the Road Transport (General) Act 2005, the Road Transport 9
(Vehicle Registration) Act 1997 and the statutory rules made under 10
those Acts. As part of the road transport legislation, this Act is subject to 11
various provisions in the Road Transport (General) Act 2005 concerning 12
the administration and enforcement of the road transport legislation 13
generally. 14
2.7 Transport Administration Act 1988 No 109 15
[1] Section 46 Constitution of RTA 16
Omit "Road Transport (Heavy Vehicles Registration Charges) Act 1995" 17
from section 46 (2) (a). 18
Insert instead "Road Transport (Vehicle Registration) Act 1997". 19
[2] Section 78 Payments into Roads and Traffic Authority Fund 20
Omit "the Road Transport (Heavy Vehicles Registration Charges) Act 1995" 21
from section 78 (1) (b) (i). 22
Insert instead "Part 2A of the Road Transport (Vehicle Registration) 23
Act 1997". 24
[3] Section 106 Grants to councils in connection with use of buses 25
Omit "the Road Transport (Heavy Vehicles Registration Charges) Act 1995" 26
from section 106 (2). 27
Insert instead "Part 2A of the Road Transport (Vehicle Registration) 28
Act 1997". 29
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