(1) Schedule 2, clause 12(1), after "a financial year"

*insert *

(the ** relevant year **)

(2) Schedule 2, clause 12(4)

*omit, substitute *

(4) The result is the raw annual adjustment factor
( ** RAAF **) expressed as a percentage.

(5) If the annual report of the National Transport
Commission for the financial year that ended 1 year before the start of the
relevant year does not provide the information needed to calculate the value
of ** TFU **in clause 13A and the values of

(6) If subclause (5) does not apply, the following formula is to be applied:

PRABC x (1+RAAF)

where:

** PRABC **is the Revised Adjusted Base Cost derived in calculating the annual
adjustment factor in the financial year that immediately preceded the relevant
year.

(7) The result is the Revised Adjusted Base Cost (
** RABC **).

(8) Next, the following formula is to be applied:

where:

"FR" means the estimated total amount of the road user charge under the
*Fuel Tax Act 2006 *(Cth) as calculated in accordance with clause 13A.

"RR" means the estimated revenue raised in relation to heavy vehicles by registration charges in Australia as calculated in accordance with clause 13B.

(9) Finally, the amount determined under subclause (8) is to be rounded up or down to one decimal place (rounding an amount of 0.05 upwards).

(10) The result is the annual adjustment factor expressed as a percentage.

(3) Schedule 2, after clause 13

*insert *

**13A Calculation of estimated total amount of road user charge **

(1) The estimated total amount of the road user
charge under the *Fuel Tax Act 2006 *(Cth) is to be calculated in accordance
with this clause.

(2) First, the following formula is to be applied:

TFU x RUC

where:

** TFU **is the total fuel use by heavy vehicles in litres determined by adding
together the estimated annual fuel use shown in the relevant annual report of
the NTC for each category of heavy vehicle.

** RUC **is the road user charge rate (expressed in dollars) for the previous year
that applied under section 43-10 of the

"previous year" means the financial year that immediately preceded the relevant year.

"relevant annual report of the NTC" means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the relevant year.

"relevant year" means the financial year for which the annual adjustment factor is being calculated.

(3) Second, the amount determined under subclause (2) is to be divided by 1 000 000.

(4) Third, the amount determined under subclause (3) is to be rounded up or down to 2 decimal places (rounding an amount of 0.005 upwards).

(5) The result is the estimated total amount of the road user charge.

**13B Calculation of estimated revenue raised from registration
charges **

(1) The estimated revenue raised in relation to heavy vehicles by registration charges in Australia is to be calculated in accordance with this clause.

(2) First, the following formula is to be applied:

HV + TRR

where:

** HV **is the sum of the amounts shown in the relevant annual report of the NTC as
the estimated vehicle registration revenue excluding trailers for each
category of heavy vehicle.

** TTR **is the sum of the amounts shown in the relevant annual report of the NTC
as the estimated trailer registration revenue for each relevant category of
heavy vehicle.

"relevant annual report of the NTC" means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the financial year for which the annual adjustment factor is being calculated.

(3) Second, the amount determined under subclause (2) is to be divided by 1 000 000.

(4) Third, the amount determined under subclause (3) is to be rounded up or down to 2 decimal places (rounding an amount of 0.005 upwards).

(5) The result is the estimated revenue raised in relation to heavy vehicles by registration charges in Australia.

(4) Schedule 2, after clause 14

*insert *

**15 Transitional provision for calculation of annual adjustment
factor for 2010 – 2011 **

Despite anything to the contrary in clause 12, for calculating the annual adjustment factor for the 2010 – 2011 financial year:

(a) in clause 12(6), PRABC is 2015.15; and

(b) in clauses 13A and 13B, a reference to the relevant annual
report of the NTC is to be read as if it was a reference to the tables
published by the National Transport Commission before 1 July 2010 in the
*Commonwealth Government Gazette *for this Schedule.