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2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
House of Representatives
Road Transport Charges (Australian Capital Territory) Repeal Bill 2008
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure, Transport,
Regional Development and Local Government, the Honourable Anthony Albanese
MP.)
Road Transport Charges (Australian Capital Territory)
Repeal Bill 2008
OUTLINE
The purpose of the Road Transport Charges (Australian Capital Territory)
Repeal Bill 2008 (the Bill) is to repeal the Road Transport Charges
(Australian Capital Territory) Act 1993 (the Act) and parts of the Road
Transport Reform (Heavy Vehicles Registration) Act 1997 (the Heavy Vehicles
Registration Act) which refer to the ACT Act. This will allow the
implementation of the new national heavy vehicle charges in accordance with
the Inter-Governmental Agreement for Regulatory and Operational Reform in
Road, Rail and Intermodal Transport (the Inter-Governmental Agreement)
entered into between the Commonwealth of Australia, the States and
Territories.
The Inter-Governmental Agreement sets out principles and processes for
cooperation between the Commonwealth, States and Territories to progress
regulatory and operational reform for road, rail and intermodal transport,
in order to deliver and sustain nationally consistent transport outcomes.
Specifically, as a part of the process for cooperation between the
Commonwealth and the States and Territories, section 14.5 of the Inter-
Governmental Agreement provides that 'the Commonwealth, in agreement with
the Australian Capital Territory (ACT) and other relevant Parties will, as
soon as is practicable, repeal any Road Transport Legislation that has been
enacted by the Commonwealth on behalf of the ACT'.
The Act and parts of the Heavy Vehicles Registration Act were enacted by
the Commonwealth on behalf of the ACT. The Act was designed to help
deliver nationally consistent heavy vehicle registration charges. It was a
regulatory tool used for the purposes of allowing jurisdictions to adopt or
reference the national charges within their own respective legislative
arrangements.
The Inter-Governmental Agreement also specifies that agreed national
reforms in the form of model legislation will be implemented by all
jurisdictions within their own legislative frameworks
Repealing the Act will enable the ACT to implement the new heavy vehicles
charges determination within their legislative framework in the same manner
as the other States and Territories.
FINANCIAL IMPACT STATEMENT
There is no financial impact on the Australian Government.
REGULATION IMPACT STATEMENT SUMMARY
A Regulation Impact Statement was prepared as part of the process of
developing the new national heavy vehicle charges. A separate RIS has not
been completed for this repeal as it will not have any significant
regulatory impact.
Road Transport Charges (Australian Capital Territory)
Repeal Bill 2008
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause provides for the Act to be called the Road Transport
Charges (Australian Capital Territory) Repeal Act 2008.
Clause 2: Commencement
1. Subclause 2(1) provides that each provision in the Bill specified in
column 1 of the table incorporated in the subclause commences or is
taken to have commenced immediately before the commencement of the
Interstate Road Transport Charge Amendment Act 2008 on 1 July 2008 in
column 2.This clause provides for section 1 to 3 and anything in this
Act not elsewhere covered by this table to come into effect on the day
it receives Royal Assent. The provisions set out in Schedule 1 and 2
are to come into effect immediately before the commencement of the
Interstate Road Transport Charge Amendment Act 2008.
.
2. Subclause 2(2) provides that column 3 of the table incorporated in
subclause 2(1) is for additional information that does not form part
of the proposed Act.
Clause 3: Schedule(s)
3. This clause provides for the repeal or amendment of the Acts set out
in the Schedules to the Act.
Schedule 1 - Repeal of the Road Transport Charges (Australian Capital
Territory) Act 1993
Item 1
1. Item 1 repeals the whole of the Road transport Charges (Australian
Capital Territory) Act 1993.
Schedule 2 - Amendments
Item 1
1. Items 1 and 2 are consequential amendments to the Road Transport
Reform (Heavy Vehicles Registration) Act resulting from the repeal of
the Interstate Road Transport (Australian Capital Territory) Act 1993.