An Act relating to road transport
Part I—Preliminary
1
Short title [see Note 1]
This Act may be cited as the Interstate
Road Transport Act 1985.
2
Commencement [see Note 1]
(1) Sections 1 and 2 shall come into
operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act
shall come into operation on such day as is, or on such respective days as are,
fixed by Proclamation.
3
Interpretation
(1) In this Act, unless the contrary
intention appears:
Account means the Interstate Road Transport
Account continued in existence by section 21.
Australian Capital Territory includes the Jervis
Bay Territory.
carriage of passengers or goods between prescribed
places means carriage of passengers or goods, in trade or commerce,
between a place in a State and a place in another State.
casual hiring agreement means an agreement
for taking a motor vehicle or trailer on hire where the agreement is of a kind
ordinarily entered into by persons taking motor vehicles or trailers on hire
intermittently as the occasion requires on an hourly, daily, weekly or monthly
basis.
charge means charge imposed by the Interstate
Road Transport Charge Act 1985.
compliance 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.
drive, in
relation to a motor cycle, means ride.
federal operator’s
licence means a licence granted under section 26.
federal road safety standard means a federal
road safety standard declared under section 34.
federal route means a road in respect of
which a determination under subsection 43A(1) is in force.
goods includes:
(a) ships, aircraft and vehicles
(including vehicles used on a railway);
(b) animals (including fish);
(c) minerals (including petroleum);
and
(d) gas.
Governor, in relation to the Northern
Territory, means the Administrator of the Northern Territory.
heavy motor vehicle means a motor vehicle the
designed maximum laden capacity of which is not less than 12 tonnes.
insurance includes participation in a scheme
under a law of a State relating to motor vehicle accident compensation.
leased means let on hire under an agreement
and includes:
(a) a letting on hire that is
described in the agreement as a lease; and
(b) a letting on hire under a hire‑purchase
agreement.
long distance interstate fleet operator means
a person who carries on a business that involves the carriage by the person of
goods or passengers by heavy motor vehicles between prescribed places that are
more than 100 kilometres apart otherwise than under contracts for the carriage
of goods or passengers.
long distance interstate haulage contractor
means a person who carries on the business of entering into contracts for the
carriage by the person or by another person of goods or passengers by heavy
motor vehicles between prescribed places that are more than 100 kilometres
apart.
long distance
interstate road transport business means the business of:
(a) a long distance interstate fleet
operator;
(b) a long distance interstate haulage
contractor; or
(c) a
long distance interstate transport agent;
but does not include business included in a prescribed
class of business.
long distance interstate transport agent
means a person who, as an agent and for reward, arranges contracts for the
carriage of goods or passengers by heavy motor vehicles between prescribed
places that are more than 100 kilometres apart.
monitoring device means:
(a) a standard monitoring device; or
(b) a charge monitoring device.
monitoring device record means a document of
the kind referred to in subparagraph 39(f)(i) or (g)(i) or first referred to in
paragraph 39(h).
motor vehicle means a vehicle that uses or is
designed to use volatile spirit, gas, oil, electricity or any other power (not
being human or animal power) as the principal means of propulsion.
MRC (Mass Rating for Charging), in relation
to a vehicle, means:
(a) the maximum mass of the vehicle,
including any load, recorded on the compliance plate as the GVM, GTMR or ATM of
the vehicle; or
(b) in relation to a vehicle for which
there is no compliance plate—its operating mass.
owner, in relation to a motor vehicle or
trailer, means:
(a) except in a case to which paragraph (b)
or (c) applies—the owner for the time being of the motor vehicle or trailer;
(b) in a case where the motor vehicle
or trailer is leased:
(i) if the motor vehicle
or trailer is leased under a casual hiring agreement—the lessor for the time
being of the motor vehicle or trailer;
(ii) in any other case—the
lessee for the time being of the motor vehicle or trailer;
(c) in a case where the motor vehicle
or trailer is subject to a security but is not leased—the person for the time
being who has rights in the nature of an equity of redemption in respect of the
motor vehicle or trailer.
railway includes tramway.
registration means registration under this
Act, and includes re‑registration under this Act.
Regulatory Authority means a Licensing
Authority or a Registration Authority.
road means a road, street, lane or footpath
(including a road, street, lane or footpath on or forming part of a bridge) or
other place (whether or not similar to a road, street, lane or footpath) that
is open to or used by the public.
road safety matter means any matter that is
directed at:
(a) preventing death or injury arising
out of the use of a motor vehicle;
(b) protecting persons from, or from
risk of, death or injury arising out of the use of a motor vehicle;
(c) preventing loss of or damage to
property arising out of the use of a motor vehicle; or
(d) protecting property from, or from
risk of, loss or damage arising out of the use of a motor vehicle.
standard monitoring device means a device
that meets the requirements specified in regulations made for the purposes of
subsection 36(1).
State includes the Australian Capital
Territory and the Northern Territory.
State operator’s licence means a licence
granted under a law of a State, being a licence of a kind that is declared by
the regulations to be a State operator’s licence for the purposes of this Act.
trailer means a vehicle that is built to be
towed, or is towed, by a motor vehicle, but does not include a motor vehicle
that is being towed.
vehicle means any means of conveyance which
runs on wheels but does not include:
(a) any vehicle used on a railway; or
(b) any vehicle that has an MRC equal
to or less than 4.5 tonnes.
(2) Unless the contrary intention appears, a
reference in this Act to a motor vehicle shall, where a trailer is attached to
the motor vehicle, be read as including a reference to the motor vehicle and
trailer.
(3) Where there are 2 or more joint owners or
part owners of a motor vehicle or trailer, each joint owner or part owner shall
be deemed to be, for the purposes of this Act, the owner of the motor vehicle
or trailer.
(4) A reference in this Act to the re‑registration
of a motor vehicle or trailer is a reference to the registration by way of
renewal of an existing registration of the motor vehicle or trailer.
(5) A reference in this Act to driving a
trailer is a reference to driving a motor vehicle to which the trailer is
attached.
(6) For the purposes of this Act, where a
motor vehicle is being towed, a person occupying the driver’s seat of the motor
vehicle shall be taken to be driving the motor vehicle.
(7) For the purposes of this Act, where a
place is situated beyond a radius of 100 kilometres of another place, the
places shall be taken to be more than 100 kilometres apart.
(8) A reference in this Act to a person
carrying on business is a reference to a person carrying on business alone, in
partnership with another person or otherwise.
(9) A reference in a provision of this Act to
an approved form is a reference to a form approved by the Minister by writing
for the purposes of the provision.
(10) A reference in this Act to a prescribed
fee is a reference:
(a) in a case where the fee relates to
the performance of a function of a Regulatory Authority in respect of a State,
being the Minister—the fee specified in the regulations made under this Act in
respect of the performance of that function; or
(b) in a case where the fee relates to
the performance of a function of a Regulatory Authority in respect of a State,
not being the Minister—the fee (if any) payable under a law of the State in
respect of the performance of that function, not being a fee that exceeds the
maximum fee specified in the regulations made under this Act in respect of the
performance of that function.
(11) Despite subsection (10) but subject
to section 4A, a prescribed fee must not exceed $100.
(12) A fee payable in respect of the performance
of a function of a Regulatory Authority in respect of a State, not being the
Minister, shall not be taken to be payable under this Act.
(13) For the purposes of this Act, a motor
vehicle or trailer shall be taken to be registered under a law of Western
Australia if a vehicle licence is in force under a law of that State in
respect of the motor vehicle or trailer.
(14) For the purposes of this Act, the designed
maximum laden capacity of a motor vehicle shall be ascertained in accordance
with the regulations.
3A B‑doubles
(1) A reference in this Act to a B‑double
is a reference to a motor vehicle that consists of:
(a) a prime‑mover registered
under this Act; and
(b) a registered trailer attached to
the prime‑mover by means of a turntable mounted on the prime‑mover;
and
(c) a registered trailer attached to
the rear of the trailer referred to in paragraph (b) by means of a
turntable mounted on the last‑mentioned trailer.
(2) A reference in subsection (1) to a
registered trailer is a reference to a trailer registered under this Act or
under a law of a State.
4A
Indexation of certain fee limits
(1) In this section:
index number, in relation to a quarter, means
the All Groups Consumer Price Index number, being the weighted average of the 8
capital cities, published by the Australian Statistician in respect of that
quarter.
relevant amount means:
(a) the amount specified in subsection
3(11); or
(b) the amount specified in subsection
56(4).
relevant year means the period of 12 months
commencing on 1 July 1990, and each subsequent period of 12 months.
(2) Subject to subsection (3), if at any
time, whether before or after the commencement of this section, the Australian
Statistician has published or publishes an index number in respect of a quarter
in substitution for an index number previously published by the Australian
Statistician in respect of that quarter, the publication of the later index
number is to be disregarded for the purposes of this section.
(3) If at any time, whether before or after
the commencement of this section, the Australian Statistician has changed or
changes the reference base for the Consumer Price Index, then, for the purposes
of the application of this section after the change took place or takes place,
regard is to be had only to the index numbers published in terms of the new
reference base.
(4) Where the factor ascertained under subsection (5)
in relation to a relevant year is greater than one, this Act has effect as if
for each relevant amount there were substituted, on the first day of that
relevant year, an amount calculated by multiplying by that factor:
(a) in a case to which paragraph (b)
does not apply—the relevant amount; or
(b) if, by virtue of another
application or other applications of this section, this Act has effect as if
another amount or amounts were substituted for that relevant amount—the
substituted amount or the last substituted amount, as the case requires.
(5) The factor to be ascertained for the
purposes of subsection (4) in relation to a relevant year is the number
(calculated to 3 decimal places) ascertained by dividing the index number for
the March quarter immediately preceding that relevant year by the index number
for the March quarter immediately preceding that first‑mentioned March
quarter.
(6) Where the factor ascertained in
accordance with subsection (5) in relation to a relevant year would, if it
were calculated to 4 decimal places, end with a number greater than 4, the
factor ascertained in accordance with that subsection in relation to that
relevant year is taken to be the factor calculated to 3 decimal places in
accordance with that subsection and increased by 0.001.
5
Application of Act to the Commonwealth and the States
(1) This Act (other than Part V) binds the
Crown in right of the Commonwealth and of each of the States in so far as the
Crown in right of the Commonwealth or of a State carries on a business, either
directly or by an authority of the Commonwealth or by an authority of a State,
but nothing in this Act renders the Crown in right of the Commonwealth or of a
State liable to be prosecuted for an offence.
(2) In subsection (1), State
includes Norfolk Island.
6
Arrangements with States etc.
(1) The Governor‑General may make an
arrangement with the Governor of a State for and in relation to designating an
authority or officer of the State as the authority or officer who is to perform
the functions of a Registration Authority under this Act and the regulations.
(2) The Governor‑General may make an
arrangement with the Governor of a State for and in relation to designating an
authority or officer of the State as the authority or officer who is to perform
the functions of a Licensing Authority under this Act and the regulations.
(3) The Governor‑General may arrange
with the Governor of a State with whom an arrangement is in force under subsection (1)
or (2) for the variation or revocation of the arrangement.
(3A) Subject to subsection (3B), the
Governor of a State with whom an arrangement is in force under subsection (1)
or (2) may, by signed instrument, revoke the arrangement.
(3B) A revocation under subsection (3A)
takes effect at the end of 6 months after the instrument of revocation is
signed or, if a later time is specified in the instrument, at that time.
(4) An arrangement under subsection (1)
or (2) may make provision for authorities or officers of a State to:
(a) give information, and produce
documents, relevant to this Act or the regulations to the Minister or a person
authorised by the Minister;
(b) keep accounts and accounting
records relevant to this Act or the regulations;
(c) arrange for the audit of accounts,
accounting records and financial statements relevant to this Act or the
regulations; and
(d) permit persons authorised by the
Minister to inspect and make copies of, or take extracts from, documents
relevant to this Act or the regulations.
(4A) For the purposes of the application of the
above subsections in relation to the Australian Capital Territory:
(a) references to the Governor‑General
are taken to be references to the Prime Minister; and
(b) references to the Governor of a
State are taken to be references to the Chief Minister of the Territory.
(5) An amount received by an officer or
authority of a State under this Act by way of a charge or an advance on account
of charge shall be received by the officer or authority on behalf of the
Commonwealth.
(6) A copy of each instrument by which an
arrangement under subsection (1) or (2) is made, varied or revoked shall
be published in the Gazette.
7 Regulatory
Authority
(1) For the purposes of this Act, there shall
be, in respect of each State, a Registration Authority.
(2) For the purposes of this Act, there shall
be, in respect of each State, a Licensing Authority.
(3) Subject to subsection (6), the
Registration Authority in respect of a State is the authority or officer of the
State for the time being specified in an arrangement under subsection 6(1) with
the Governor of the State as the authority or officer who is to perform the
functions of a Registration Authority under this Act and the regulations.
(4) Subject to subsection (7), the
Licensing Authority in respect of a State is the authority or officer of the
State for the time being specified in an arrangement under subsection 6(2) with
the Governor of the State as the authority or officer who is to perform the
functions of a Licensing Authority under this Act and the regulations.
(5) For the purposes of the application of subsections (3)
and (4) in relation to the Australian Capital Territory, references to the
Governor of the State are taken to be references to the Chief Minister of the
Territory.
(6) If there is not in force an arrangement
under subsection 6(1) specifying an authority or officer of a State who is to
perform the functions of a Registration Authority under this Act, the Minister
shall be the Registration Authority in respect of the State.
(7) If there is not in force an arrangement
under subsection 6(2) specifying an authority or officer of a State who is to
perform the functions of a Licensing Authority under this Act, the Minister
shall be the Licensing Authority in respect of the State.
7A
Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal
Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
Part II—Registration of interstate motor vehicles
8
Motor vehicles and trailers to be registered
(1) A person shall not:
(a) drive on a road;
(b) cause or permit to be driven on a
road; or
(c) cause
or permit to be left standing on a road;
a motor vehicle or trailer in the carriage of passengers
or goods between prescribed places or for any purpose that is incidental to
carriage of that kind unless the motor vehicle or trailer is:
(d) registered under this Act in the
name of the owner of the motor vehicle or trailer; or
(e) registered
under a law of a State.
Penalty: 10 penalty units.
Note 1: If a body corporate is convicted of the
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to
impose a fine of an amount that is not greater than 5 times the maximum fine
that could be imposed by the court on an individual convicted of the same
offence.
Note 2: A defendant bears an evidential burden in
relation to the matters in paragraphs (1)(d) and (e) (see subsection 13.3(3) of
the Criminal Code).
(1A) An offence under subsection (1) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2) A motor vehicle or trailer shall not be
taken, for the purposes of subsection (1), to be registered under a law of
a State if the registration is an interstate registration that was granted or
renewed after the commencement of this section.
(2A) For the purposes of the application of subsection (2)
in relation to the Australian Capital Territory, the reference in that
subsection to the commencement of this section is taken to be a reference to
the commencement of this subsection.
(3) The registration of a motor vehicle or
trailer under a law of a State shall be taken to be an interstate registration
for the purposes of subsection (2) if:
(a) the registration is subject to the
condition, or to the giving of an undertaking, that the motor vehicle or
trailer will not be used in the State except for the purposes of trade,
commerce or intercourse among the States; or
(b) the motor vehicle or trailer is
wholly or partly exempt from a fee, charge or tax payable under a law of the
State in respect of the use or registration of a motor vehicle or trailer on
the grounds that the motor vehicle or trailer is not or will not be used in the
State except for the purposes of trade, commerce or intercourse among the
States.
(4) For the purposes of paragraph (3)(b),
a motor vehicle or trailer shall be taken to be partly exempt from a fee,
charge or tax if the fee, charge or tax is rebatable or is levied at a nominal
rate.
(5) Where:
(a) a motor vehicle or trailer is
registered under this Act;
(b) the registration is not in the name
of the owner; and
(c) the
owner has owned the motor vehicle or trailer for not more than 14 days;
a person shall not be taken to have contravened subsection (1)
in relation to the motor vehicle or trailer.
9
Registration of motor vehicles etc.
(1) Subject to this section, upon application
made in accordance with the approved form by the owner of a motor vehicle or
trailer, a Registration Authority shall register the motor vehicle or trailer
in the name of the owner if:
(a) the application is accompanied by
the prescribed fee;
(b) the owner tenders the following
amounts in respect of the motor vehicle or trailer:
(i) the whole of the
charge in respect of the registration of the motor vehicle or trailer;
(iia) the
amount of any fee charged by the regulations in respect of a function performed
by a Regulatory Authority in or in connection with the registration of the
motor vehicle or trailer;
(iii) the amount of any
charge due and payable by the owner in respect of any previous registration of
the motor vehicle or trailer;
(c) the motor vehicle or trailer is
not, under the regulations, exempt from inspection and the owner produces the
motor vehicle or trailer for inspection by the Registration Authority or a
person authorised in writing by the Registration Authority to act under this
paragraph;
(d) the motor vehicle or trailer
complies with requirements prescribed for the purposes of paragraph 13(a) or
section 37;
(e) otherwise than as mentioned in paragraph (d),
the motor vehicle or trailer is not, and is not likely to be, dangerous or
unsafe; and
(f) the requirements of regulations
made for the purposes of paragraph 13(c) relating to insurance have been met in
respect of the motor vehicle or trailer.
(2) A Registration Authority may refuse to
register a motor vehicle or trailer if the owner of the motor vehicle or
trailer has not complied with requirements prescribed for the purposes of
paragraph 13(b).
(3) Subject to subsection (4),
registration comes into force on the day on which it is granted and remains in
force:
(a) in a case to which paragraph (b)
does not apply—for one year; or
(b) in a case where:
(i) the owner, in the
application for registration, requests registration for a period of less than
one year, being a period specified in the regulations; and
(ii) the
application is accompanied by the prescribed fee, being a fee additional to the
fee referred to in paragraph (1)(a);
for the period requested by the
owner.
(4) Where
application is made for the re‑registration of a motor vehicle or trailer
that is already registered, the re‑registration may be expressed to come
into force immediately after the existing registration ceases to be in force.
(5) A Registration Authority, in exercising
the power conferred by subsection (2), shall have regard only to:
(a) the safety of the public; and
(b) the need to ensure compliance with
this Act and the regulations.
(6) Where there are 2 or more owners of a
motor vehicle or trailer, those owners may, by notice in writing in accordance
with the approved form signed by each of them and given to a Registration
Authority, nominate one of the owners as being the representative owner of the
motor vehicle or trailer.
(7) Subject to subsections (9) and (10),
where:
(a) there are 2 or more owners of a motor
vehicle or trailer; and
(b) the
motor vehicle or trailer is registered in the name of a person in respect of
whom a nomination is in force under subsection (6) in relation to the
motor vehicle or trailer;
the motor vehicle or trailer shall be taken, for the
purposes of this Act, to be registered in the names of each of the owners.
(8) Subject to subsections (9) and (10),
where:
(a) a document relating to a motor
vehicle or trailer is required or permitted by this Act (other than subsection (6))
or the regulations to be served on, or given to a Registration Authority by,
the owner of a motor vehicle or trailer;
(b) there are 2 or more owners of the
motor vehicle or trailer; and
(c) a
document relating to the motor vehicle or trailer is served on, or given to a
Registration Authority by, a person in respect of whom a nomination under subsection (6)
is in force in relation to the motor vehicle or trailer;
the document shall be taken, for the purposes of this Act,
to have been served on, or given by, as the case may be, each of the owners.
(9) Where:
(a) a person has been nominated under subsection (6)
in relation to a motor vehicle or trailer; and
(b) one
of the owners of the motor vehicle or trailer, by notice in writing in
accordance with the approved form given to the Registration Authority, revokes
that nomination;
that nomination ceases to be in force.
(10) Where:
(a) a person has been nominated under subsection (6)
in relation to a motor vehicle or trailer; and
(b) a
person ceases to be, or becomes, one of the owners of the motor vehicle or
trailer;
that nomination ceases to be in force.
(11) Where:
(a) there are 2 or more owners of a
motor vehicle or trailer; and
(b) an
application for registration of the motor vehicle or trailer is not accompanied
by a nomination under subsection (6) in relation to the motor vehicle or
trailer;
a Registration Authority may refuse to register the motor
vehicle or trailer.
10 Sub‑standard
motor vehicles and trailers not to be driven etc.
(1) A person shall not:
(a) drive on a road;
(b) cause or permit to be driven on a
road; or
(c) cause
or permit to be left standing on a road;
a motor vehicle or trailer
in the carriage of passengers or goods between prescribed places or for any
purpose that is incidental to carriage of that kind if the motor vehicle or
trailer is in an unsafe or dangerous condition.
Penalty: Imprisonment for one year.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
(1A) Subsection (1) does not apply if the person
has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
(2) It is a reasonable excuse for the
purposes of subsection (1) if the person:
(a) did not know; and
(b) could
not reasonably be expected to have known;
that the motor vehicle or trailer was in an unsafe or
dangerous condition.
(3) A person shall not:
(a) drive on a road;
(b) cause or permit to be driven on a
road; or
(c) cause
or permit to be left standing on a road;
a registered motor vehicle
or trailer in the carriage of passengers or goods between prescribed places or
for any purpose that is incidental to carriage of that kind if the requirements
of the regulations relating to insurance are not met in respect of the motor
vehicle or trailer.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by the court
on an individual convicted of the same offence.
(3A) Subsection (3) does not apply if the person
has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal
Code).
(4) It is a reasonable excuse for the
purposes of subsection (3) if the person:
(a) did not know; and
(b) could
not reasonably be expected to have known;
that the requirements of the regulations relating to
insurance were not met in respect of the motor vehicle or trailer.
11
Cancellation or suspension of registration
(1) A Registration Authority may, in
accordance with the regulations, cancel the registration of the motor vehicle
or trailer if:
(a) the motor vehicle or trailer does
not comply with requirements prescribed for the purposes of paragraph 13(a) or
(c) or section 37;
(b) otherwise than as mentioned in paragraph (a),
the motor vehicle or trailer is, or is likely to be, dangerous or unsafe;
(c) the owner of the motor vehicle or
trailer has not complied with requirements prescribed for the purposes of
paragraph 13(b) or section 39;
(d) the motor vehicle or trailer has
been so altered or modified as not to correspond to the specifications set out
in the certificate of registration;
(e) the motor vehicle or trailer is
destroyed;
(f) an amount payable under paragraph
9(1)(a) or (b) or 9(3)(b) and accompanying an application for registration
under section 9 has been paid by cheque—the cheque is dishonoured when
duly presented for payment.
(2) If:
(a) the motor vehicle or trailer does
not comply with requirements prescribed for the purposes of paragraph 13(a) or
(c) or section 37;
(b) otherwise than as mentioned in paragraph (a),
the motor vehicle or trailer is, or is likely to be, dangerous or unsafe;
(c) the owner of the motor vehicle or
trailer has not complied with requirements prescribed for the purposes of
paragraph 13(b) or section 39;
(ca) an
amount payable under paragraph 9(1)(a) or (b) or 9(3)(b) and accompanying an application
for registration under section 9 has been paid by cheque—the cheque is
dishonoured when duly presented for payment;
a Registration Authority may, in accordance with the
regulations:
(d) suspend the registration of the
motor vehicle or trailer; and
(e) give
directions to the owner requiring acts or things to be done to or in relation
to the motor vehicle or trailer:
(i) in a case to which paragraph (a)
applies—for the purpose of ensuring that the motor vehicle or trailer complies
with requirements prescribed for the purposes of paragraph 13(a) or (c) or
section 37;
(ii) in a case to which paragraph (b)
applies—for the purpose of ensuring that the motor vehicle or trailer is not,
and is not likely to be, dangerous or unsafe; or
(iii) in a case to which paragraph (c)
applies—for the purposes of rectifying or remedying the consequences of the
failure by the owner of the motor vehicle or trailer to comply with
requirements prescribed for the purposes of paragraph 13(b) or section 39.
(3) Where:
(a) a Registration Authority has
suspended the registration of a motor vehicle or trailer and has given
directions to the owner of the motor vehicle or trailer; and
(b) the
owner has complied with those directions;
the Registration Authority shall, by notice in writing
served on the owner, terminate the suspension.
(4) Where the registration of a motor vehicle
or trailer is suspended, the motor vehicle or trailer shall, for the purposes
of section 8, be deemed not to be registered while the registration is suspended.
(5) A Registration Authority, in exercising
the powers conferred by subsection (1) or (2), shall have regard only to:
(a) the safety of the public; and
(b) the need to ensure compliance with
this Act and the regulations.
12
Surrender of registration
(1) The owner of a registered motor vehicle
or trailer may, by notice in accordance with the approved form given to a
Registration Authority, surrender the registration of the motor vehicle or
trailer.
(2) A notice surrendering the registration of
a motor vehicle or trailer shall be accompanied by the prescribed fee.
(3) A notice surrendering the registration of
a motor vehicle or trailer shall, except in such circumstances as are
prescribed, be accompanied by any registration plates issued under the
regulations in respect of the motor vehicle or trailer.
12A
Mass limits of registered motor vehicles
Notwithstanding any law of a State
relating to mass limits, it is lawful, subject to this Act, for a registered
motor vehicle or trailer that complies with the requirements prescribed for the
purposes of paragraph 13(aa) to be driven on a road in the carriage of
passengers or goods between prescribed places or for any purpose that is
incidental to carriage of that kind.
12B
Regulation of the operation of B‑doubles
(1) The regulations may make provision
regulating the operation of B‑doubles in the carriage of passengers or
goods between prescribed places or for any purpose that is incidental to
carriage of that kind.
(2) The provision that may be made by the
regulations includes, but is not limited to:
(a) provision fixing the maximum
loaded mass of a B‑double or any of its component parts; and
(b) prohibition of the operation of a
B‑double on a road that is not a federal route; and
(c) prohibition of the operation of a
B‑double on a federal route in breach of conditions determined under
subsection 43A(2) in relation to that route; and
(d) prohibition of the embarkation or
disembarkation of passengers on or from a B‑double except at a place
approved under the regulations for the purpose; and
(e) prohibition of the loading or
unloading of goods on or from a B‑double except at a place approved by or
under the regulations for the purpose; and
(f) provision as to the maximum
exterior dimensions of a B‑double or any of its component parts; and
(g) requirements as to the
specifications or condition of any part of a B‑double or any equipment
on, or forming part of, a B‑double; and
(h) provision requiring B‑doubles:
(i) to be weighed; and
(ii) if
necessary, to be unloaded;
for the purpose of ensuring that
they comply with this Act and the regulations.
12C
Operating requirements for B‑doubles
In spite of any law of a State relating
to the operation of articulated vehicles, it is lawful, subject to this Act,
for a B‑double that is operated in accordance with this Act and the
regulations to be operated on a road in a State in the carriage of passengers
or goods between prescribed places or for any purpose that is incidental to
carriage of that kind.
12D
Offences involving the operation of B‑doubles
(1) A person must not operate a B‑double
in the carriage of passengers or goods between prescribed places or for any
purpose that is incidental to carriage of that kind if:
(a) the loaded mass of the B‑double
exceeds the maximum loaded mass applicable to the B‑double under the
regulations; or
(b) the
loaded mass of any component part of the B‑double exceeds the maximum
loaded mass applicable to that component under the regulations.
Penalty: 40 penalty units.
(1A) An offence under subsection (1) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2) A person who, in relation to a B‑double,
contravenes regulations made for the purposes of paragraph 12B(2)(h) is guilty
of an offence punishable on conviction by a fine not exceeding 40 penalty
units.
Note: If a body corporate is convicted of the
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to
impose a fine of an amount that is not greater than 5 times the maximum fine
that could be imposed by the court on an individual convicted of the same
offence.
(3) An offence under subsection (2) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
13 Regulations
may make further provision with respect to registered motor vehicles etc.
(1) The regulations may make provision for
and in relation to:
(a) requiring a registered motor
vehicle or trailer to comply with such requirements as are specified in the
regulations;
(aa) requiring a registered motor
vehicle or trailer, other than a vehicle or trailer being operated as part of a
B‑double, to comply with such mass limits as are specified in the
regulations;
(b) requiring the owner of a
registered motor vehicle or trailer to cause the motor vehicle or trailer to be
fuelled, lubricated, cleaned, maintained or repaired, or to cause other acts or
things to be done in relation to the motor vehicle or trailer, in accordance
with the regulations;
(c) requiring arrangements relating to
insurance to be in force in connection with a registered motor vehicle or
trailer;
(d) prohibiting the defacement, or the
alteration, without the authority of a Registration Authority, of certificates
of registration, registration plates and registration labels;
(e) requiring registered motor
vehicles or trailers to be produced for inspection by a Registration Authority
or by a person authorised by a Registration Authority;
(f) the issue, replacement and return
of certificates of registration, registration plates and registration labels;
(g) requiring notification to be given
to a Registration Authority of such matters as are prescribed;
(h) regulating the use of registration
plates and labels; and
(j) prohibiting the display of words,
letters or digits that are, or other matter that is, capable of being mistaken
for a registration plate or label.
(2) Without limiting the generality of paragraph (1)(aa),
regulations for the purposes of that paragraph may make provision for and in
relation to requiring registered motor vehicles or trailers:
(a) to be weighed; and
(b) if
necessary, to be unloaded;
for the purpose of ensuring that they comply with mass
limits.
Part III—Collection of interstate road transport charge
14 By
whom charge payable
An amount of charge in respect of the
registration of a motor vehicle or trailer is payable by the person who is, at
the time when the amount is due and payable, the owner of the motor vehicle or
trailer.
16
When charge due and payable
Charge in respect of the registration of
a motor vehicle or trailer is due and payable on the day on which the
registration comes into force.
18
Refund of charge on cancellation or surrender
If the
registration of a motor vehicle or trailer is cancelled or surrendered the
Commonwealth must refund to the owner an amount worked out using the formula:
where:
A is the amount of charge payable in respect
of the registration of the motor vehicle or trailer;
B is the number of whole days in the period
commencing on the cancellation or surrender and ending at the time when the
registration would, apart from the cancellation or surrender, have expired; and
C is the number of whole days in the period
that is applicable to the registration under subsection 9(3).
19
Refund of charge in relation to intra‑state operations
(1) Subject to
subsection (2), where:
(a) a registered motor vehicle or
trailer is used in intra‑state operations; and
(b) that
use was not in contravention of a law of a State;
the
owner of the motor vehicle or trailer is entitled to a refund of the charge in
respect of the registration of the motor vehicle or trailer of an amount
calculated in accordance with the formula
where:
A is the number of whole kilometres travelled
by the motor vehicle or trailer in intra‑state operations during the
period the registration was in force;
B is the amount of charge payable in respect
of the registration of the motor vehicle or trailer; and
C is the number of whole kilometres travelled
by the motor vehicle or trailer during the period the registration was in
force.
(2) The owner of a motor vehicle or trailer
is not entitled to a refund under subsection (1) in relation to the motor
vehicle or trailer unless:
(a) the owner makes a claim for the
refund in accordance with the approved form to a Registration Authority;
(b) the owner caused to be prepared a
written record in accordance with the approved form of each journey undertaken
by the motor vehicle or trailer during the period the registration was in force;
and
(c) the claim is accompanied by:
(i) the records referred
to in paragraph (b); and
(ii) such declarations (if
any) as are prescribed (including declarations made by a person other than the
owner).
(3) Where:
(a) a
person (in this subsection referred to as the convicted person)
is convicted before a court of an offence against section 137.1 of the Criminal
Code in relation to an act or omission; and
(b) the
court is satisfied that the purpose of, or one of the purposes of, the act or
omission was to enable the convicted person or another person to receive an
amount under subsection (1) to which the convicted person or the other
person, as the case requires, was not entitled;
the court may, in addition to imposing a penalty on the
convicted person, order the convicted person to pay to the Commonwealth an
amount not exceeding double the amount referred to in paragraph (b).
(4) A reference in this section to the use of
a motor vehicle or trailer in intra‑state operations is a reference to
the use of the motor vehicle or trailer otherwise than:
(a) in the carriage of passengers or
goods between prescribed places; or
(b) for any purpose that is incidental
to carriage of that kind.
20
Recovery of charge
Charge payable to the Commonwealth may be recovered as a
debt due to the Commonwealth.
Part IV—Interstate Road Transport
Account
21
Interstate Road Transport Account
(1) There is continued in existence the
Interstate Road Transport Account.
Note: The Account was established by subsection 5(3)
of the Financial Management Legislation Amendment Act 1999.
(2) The Account is a Special Account for the
purposes of the Financial Management and Accountability Act 1997.
(3) If interest is received by the
Commonwealth from the investment of an amount standing to the credit of the
Account, an amount equal to the amount of the interest must be credited to the
Account.
22
Amounts to be credited to Account
(1) There must be credited to the Account
amounts equal to the amounts received by the Commonwealth as charge and
advances on account of charge.
(2) There must be credited to the Account
amounts equal to amounts received by the Commonwealth by way of the repayment
of amounts paid in accordance with a determination under subsection 23(1).
23
Amounts to be debited from the Account
(1) There is to be debited from the Account
and paid by the Commonwealth to a State by way of the grant of financial
assistance for expenditure by the State on the maintenance and upkeep of roads
in the State that are used by registered motor vehicles or trailers, such
amounts as are ascertained in accordance with a determination made by the
Minister in writing for the purposes of this subsection.
(3) The Minister, in exercising the power to
make determinations under subsection (1), must, as far as practicable,
ensure that the allocation of payments under this section among the States
reflects the distribution of damage done to roads by registered motor vehicles
and trailers operating as mentioned in subsection 8(1).
(4) Payments under this Act must be made at
such times, and in such amounts, as the Minister approves.
(5) Payment of an amount to a State under subsection (1)
is subject to the following conditions:
(a) that the State shall not impose a
fee, charge or tax in respect of, or relating to the use of, a registered motor
vehicle or trailer, being a fee, charge or tax of a kind specified in the
regulations;
(b) that the State will give to the
Minister:
(i) as soon as practicable
after 30 June in each year a statement, in accordance with a form approved
by the Minister, as to:
(A) the
expenditure by the State during that year out of that amount;
(B) in a
case where that amount was paid to the State and that amount or part of that
amount has been paid by the State to a government authority—the expenditure by
the government authority during that year out of that amount or that part of
that amount; and
(C) any sum
set aside during that year out of that amount for expenditure by the State but
not expended during that year; and
(ii) a certificate by the
Auditor‑General of the State certifying that, in the opinion of the
Auditor‑General, the contents of a statement referred to in subparagraph (paragraph (i)
are correct;
(c) that the State will expend the
amount as required by a determination made under that subsection.
(6) Payment of an amount to a State under subsection (1)
may be made subject to such other conditions as are specified in a
determination made under that subsection, including, but without limiting the
generality of the foregoing, conditions for the purposes of this Act requiring
the State to:
(a) comply with a request to give
information to the Minister; and
(b) in
a case where the Minister informs the Treasurer of the State that the Minister
is satisfied that the State has not complied with a condition of payment—re‑pay
to the Commonwealth that amount or such part of that amount as the Minister
specifies.
(7) The Minister shall cause a copy of a
determination made under subsection (1) to be given to the appropriate
Minister of each State.
(8) For the purposes of this section, a
notification or request shall be taken to have been given to a State if it is
given to the appropriate Minister of the State.
(9) An amount paid by a State to a government
authority for a particular purpose and expended by that authority for that
purpose shall, for the purposes of this section, be deemed to have been
expended by the State for that purpose.
(10) For the purposes of this section, where an
amount is expended by a State or a government authority by way of the payment
of wages and an amount of tax is paid by the State or the authority (whether by
way of a payment of moneys, the crediting of an account or otherwise) on those
wages, being a tax imposed by a law of the State upon employers on wages paid
by them, the amount of tax shall be deemed to be a part of those wages.
(11) Subject to subsection (10), for the
purposes of this section, money paid or credited by a State to a trust account
or other account in the Treasury of the State shall not be taken, by reason
only of it having been so paid or credited, to have been expended by the State.
(12) In this
section:
government authority
means:
(a) a local government body; or
(b) an authority of a State, being an
incorporated body but not being a local government body, that is responsible
for the construction of roads in, or in an area of, the State.
wages includes payments in the nature of
wages.
Part V—sections 24‑35 [see Notes 2 and 3]
Part VI—Monitoring devices
36 [see Note 2]
37 [see Note 2]
38
Monitoring devices to be fitted in accordance with the regulations
A motor vehicle or trailer shall not be
taken, for the purposes of this Act, to be fitted with a monitoring device
unless the monitoring device is fitted in accordance with the regulations.
39
Owner of motor vehicle or trailer to maintain monitoring device
(1) The regulations may require the owner of
a registered motor vehicle fitted with a standard monitoring device to:
(a) cause the monitoring device to be
kept in good repair; and
(b) cause the monitoring device to be
maintained and operated in accordance with procedures specified in the
regulations; and
(c) cause the monitoring device to be
replaced in such circumstances as are specified in the regulations; and
(d) if the monitoring device records
information relating to the operation of the motor vehicle or trailer in a
document located in the device:
(i) cause the document to
be removed in accordance with procedures specified in the regulations; and
(ii) cause the document to
be kept in a manner, and for a period, specified in the regulations; and
(e) if information recorded by the
monitoring device relating to the operation of the motor vehicle or trailer may
be mechanically transferred to a document:
(i) cause that information
to be transferred to a document in accordance with procedures specified in the
regulations; and
(ii) cause the document to
be kept in a manner, and for a period, specified in the regulations; and
(f) cause to be prepared documents,
in accordance with the approved form, containing extracts from, or summaries
of, documents of a kind referred to in subparagraph (paragraph (d)(i)
or (e)(i) and cause the documents first referred to in this paragraph to be
kept in a manner, and for a period, specified in the regulations; and
(g) notify a Licensing Authority of
such matters relevant to monitoring devices as are specified in the regulations
including, but without limiting the generality of the foregoing, the places
where monitoring device records are kept.
(2) In paragraph (1)(e), mechanically
includes electronically or by any other means not involving direct human
manipulation.
40
Offences relating to monitoring devices
(1) If a registered motor vehicle is fitted
with a standard monitoring device, a person commits an offence if, during the
period the registration is in force, the person does an act and the act results
in:
(a) the destruction of the monitoring
device; or
(b) damage or injury to, manipulation
of, or tampering or interference with the monitoring device in such a way as to
hinder its normal operation; or
(c) the use or operation of the
monitoring device in such a way as to hinder its normal operation; or
(d) the removal of the monitoring
device.
Penalty: 10 penalty units.
(2) Paragraph 1(d) does not apply if the
removal is permitted by regulations made for the purposes of section 39.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
(3) An offence under subsection (1) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
41
Falsification, concealment etc. of monitoring device record
A person commits an offence if during
the period for which a monitoring device record is required to be kept:
(a) the person does an act; and
(b) the act results in the damage to
or alteration, defacing, mutilation, falsification, concealment or destruction
(whether in whole or in part) of the monitoring device record.
Penalty: 10 penalty units.
42
Court may order payment of amount in addition to penalty
Where:
(a) a person (in this subsection
referred to as the convicted person) is convicted before a court
of an offence against section 40 or 41 in relation to an act or omission;
and
(b) the
court is satisfied that the purpose of, or one of the purposes of, the act or
omission was to facilitate the avoidance of an amount of charge payable by the
convicted person or another person;
the court may, in addition to imposing a penalty on the
convicted person, order the convicted person to pay to the Commonwealth an
amount not exceeding double the amount referred to in paragraph (b).
43
Evidence of monitoring device record
(1) A monitoring device record is not
admissible in evidence in any criminal proceedings unless:
(a) the proceedings are proceedings
for:
(i) an offence against
section 40 or 41 of this Act;
(ii) an offence against
section 6 of the Crimes Act 1914, or an offence against section 11.1,
11.4 or 11.5 of the Criminal Code, being an offence that relates to an
offence referred to in subparagraph (i) of this paragraph; or
(iii) an offence punishable
by imprisonment for a period of not less than 3 years; or
(b) the record is adduced by the defendant.
(2) Nothing in this section affects the
admissibility in any civil proceedings of a monitoring device record.
Part VII—Miscellaneous
43A
Determination of federal routes
(1) The Minister may determine, in writing,
that certain roads or categories of roads are to be routes for the carriage of
passengers or goods between prescribed places or for any purpose that is
incidental to carriage of that kind.
(2) The Minister may determine, in writing,
conditions to which the operation of a B‑double on a federal route is
subject.
(3) The Minister must cause a notice of a
determination made under this section to be published in the Gazette.
(4) The Minister shall cause a copy of a
determination under subsection (2) to be laid before each House of the Parliament
within 15 sitting days of that House after the determination is published in
the Gazette.
(5) If either House of the Parliament, within
15 sitting days of that House after a copy of a determination has been laid
before that House, passes a resolution disapproving of the determination, then
the determination shall not have any force or effect on or after the day on
which the resolution was passed.
44
Power to stop and search motor vehicles etc.
(1) Where a police officer or an inspector
believes on reasonable grounds that:
(a) a motor vehicle or trailer is or
has been involved in a contravention of this Act or the regulations or of a
federal road safety standard; or
(b) there
is in or on a motor vehicle or trailer anything that will afford evidence of
such a contravention;
the police officer or inspector may:
(c) require the driver of the motor
vehicle or trailer:
(i) to stop the motor
vehicle or trailer;
(ii) to state the driver’s
name and address;
(iii) to state the name and
address of the owner of the motor vehicle or trailer;
(iv) to state particulars
relating to the registration of the motor vehicle or trailer or to the origins
and destinations of any passengers or goods being carried by or in the motor
vehicle or trailer; and
(v) for the purposes of
verifying the matters referred to in subparagraph (paragraph (ii),
(iii) or (iv), to produce to the police officer or inspector:
(A) a
driver’s licence issued to the person;
(B) a
certificate of registration issued in respect of the motor vehicle or trailer
under this Act or another law; or
(C) a
consignment note, passenger manifest or other document;
(d) detain the motor vehicle or
trailer for such period as is reasonably necessary to carry out a search, test
or inspection of the motor vehicle or trailer; and
(e) if the police officer or inspector
believes on reasonable grounds that the motor vehicle or trailer:
(i) is registered under
this Act; and
(ii) is,
or is likely to be, dangerous or unsafe;
by notice in writing given to
the driver of the motor vehicle or trailer, require the driver of the motor
vehicle or trailer to cause the motor vehicle or trailer to be driven, or if
the police officer or inspector so directs, towed, forthwith, or by such date
as the police officer or inspector directs, to such place, or to a place
included in such class of places, as the police officer or inspector directs
for the purposes of being inspected by a Registration Authority or by a person
authorised by a Registration Authority to act under this paragraph.
(2) A person must not fail to comply with a
requirement under paragraph (1)(c) or (e).
Penalty: 10 penalty units.
(2A) Subsection (2)
does not apply to the extent that the person is not capable of complying with
that subsection.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal
Code).
(2B) An offence under subsection (2) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) Where the driver of a motor vehicle or
trailer stops the motor vehicle or trailer pursuant to a requirement given
under paragraph (1)(c) by a police officer who is not in uniform or by an
inspector, the police officer or inspector shall, before searching, inspecting
or testing the motor vehicle or trailer or giving a requirement of the kind
mentioned in subparagraph (paragraph (1)(c)(ii), (iii), (iv) or (v)
or paragraph (1)(e), produce, for the inspection of the driver of the
motor vehicle or trailer, written evidence of the fact that he or she is a
police officer or an inspector, as the case may be.
(4) For the purposes of subsection (3),
the Minister may cause to be issued to an inspector an identity card in a form
approved by the Minister by writing.
(5) A person
who ceases to be an inspector shall forthwith return his or her identity card
to the Minister.
Penalty: 1 penalty unit.
(6) A person
shall not, by words or conduct, falsely represent that he or she is an
inspector.
Penalty: Imprisonment for 2 years.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment.
(7) In this section:
Commonwealth officer means a person who:
(a) is in the service or employment of
the Commonwealth or an authority of the Commonwealth; or
(b) holds or performs the duties of
any office or position under a law of the Commonwealth.
inspector means a State officer included in a
class of State officers, or a Commonwealth officer included in a class of
Commonwealth officers, appointed by the Minister, by notice in writing
published in the Gazette, to be inspectors for the purposes of this
section.
police officer means:
(a) a member or special member of the
Australian Federal Police; or
(b) an officer of the Police Force of
a State.
State officer means a person who:
(a) is in the service or employment of
a State or an authority of a State; or
(b) holds or performs the duties of
any office or position established by or under a law of a State.
45
Power to require persons to give information or produce documents
(1) Where a Regulatory Authority has reason
to believe that a person is capable of furnishing information or producing
documents relevant to the performance of the functions of the Regulatory
Authority under this Act or the regulations or relating to a contravention or
possible contravention of this Act or the regulations or of a relevant safety
provision, the Regulatory Authority may, by notice in writing served on the person,
require the person:
(a) to give to the Regulatory
Authority, by writing signed by the person or, in the case of a body corporate,
by a competent officer of the body corporate, within the time and in the manner
specified in the notice, any such information; or
(b) to produce to the Regulatory
Authority, or to a person specified in the notice acting on behalf of the
Regulatory Authority, in accordance with the notice, any such document.
(2) A person must not fail to comply with a
notice under this section.
Penalty: 10 penalty units.
(2A) Subsection (2)
does not apply to the extent that the person is not capable of complying with
that subsection.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal
Code).
(2B) Subsection (2) does not apply if the person
has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal
Code).
(2C) An offence under subsection (2) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) A person who, pursuant to a notice under
this section, produces a document that, to the knowledge of the person, is
false or misleading in a material particular shall, upon so producing the
document, give to the person to whom the first‑mentioned person is
required to produce the document, a statement in writing signed by the first‑mentioned
person or, in the case of a body corporate, by a competent officer of the body
corporate:
(a) stating that the document is, to
the knowledge of the first‑mentioned person, false or misleading in a
material particular; and
(b) setting
out, or referring to, the material particular in respect of which the document
is, to the knowledge of the first‑mentioned person, false or misleading.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a term
of imprisonment. If a body corporate is convicted of the offence, subsection
4B(3) of the Crimes Act 1914 allows a court to impose a fine of an
amount that is not greater than 5 times the maximum fine that could be imposed
by the court on an individual convicted of the same offence.
(4) A person is not excused from giving
information or a statement, or from producing a document, pursuant to this
section on the ground that the information or statement or the production of
the document may tend to incriminate the person, but the information or
statement or the production of the document is not admissible in evidence in a
prosecution against the person except in a prosecution:
(a) in the case of a person not being
a body corporate—for an offence against section 137.1 of the Criminal
Code that relates to this section; or
(b) in the case of a body
corporate—for an offence against this Act or the regulations.
(5) A notice under subsection (1)
requiring the production of a document shall include, or be accompanied by, a
statement explaining the effects of subsection (3).
(6) A reference in subsection (4) to an
offence of a particular kind includes a reference to:
(a) an offence against section 6 of
the Crimes Act 1914; or
(b) an offence against section 11.1,
11.4 or 11.5 of the Criminal Code;
being an offence that relates to an offence of that kind.
46
Inspection of documents
(1) A person authorised by a Regulatory
Authority to act under this subsection may inspect a document produced pursuant
to a notice under section 45 and may make copies of, or take extracts
from, the document.
(2) A person authorised by a Regulatory
Authority to act under this subsection may, for the purposes of this Act, take,
and retain for so long as is necessary for those purposes, possession of a
document produced pursuant to a notice under section 45 but the person
otherwise entitled to possession of the document is entitled to be supplied, as
soon as practicable, with a copy certified by the authorised person to be a
true copy and the certified copy shall be received in all courts as evidence as
if it were the original.
(3) Where such a certified copy of a document
is supplied, the authorised person having possession of the document shall, at
such times and places as the authorised person thinks appropriate, permit the
person otherwise entitled to possession of the document, or a person authorised
by that person, to inspect and make copies of, or take extracts from, the
document.
47A
Conduct of directors, servants and agents
(1) Where, in proceedings for an offence
against this Act, it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by
a director, servant or agent of the body corporate within the scope of his or
her actual or apparent authority; and
(b) that the director, servant or
agent had the state of mind.
(2) Any conduct engaged in on behalf of a
body corporate by a director, servant or agent of the body corporate within the
scope of his or her actual or apparent authority is to be taken, in proceedings
for an offence against this Act, to have been engaged in also by the body
corporate unless the body corporate establishes that the body corporate took
reasonable precautions and exercised due diligence to avoid the conduct.
(3) Where, in proceedings for an offence
against this Act, it is necessary to establish the state of mind of a person
other than a body corporate in relation to particular conduct, it is sufficient
to show:
(a) that the conduct was engaged in by
a servant or agent of the person within the scope of his or her actual or
apparent authority; and
(b) that the servant or agent had the
state of mind.
(4) Any conduct engaged in on behalf of a person
other than a body corporate by a servant or agent of the person within the
scope of his or her actual or apparent authority is to be taken, in proceedings
for an offence against this Act, to have been engaged in also by the first‑mentioned
person unless the person establishes that the person took reasonable
precautions and exercised due diligence to avoid the conduct.
(5) Where:
(a) a person other than a body
corporate is convicted of an offence; and
(b) the
person would not have been convicted of the offence if subsections (3) and
(4) had not been enacted;
the person is not liable to be punished by imprisonment
for the offence.
(6) A reference in subsection (1) or (3)
to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion,
belief or purpose of the person; and
(b) the person’s reasons for the
intention, opinion, belief or purpose.
(7) A reference in this section to a director
of a body corporate includes a reference to a constituent member of a body
corporate incorporated for a public purpose by a law of the Commonwealth or of
a State.
(8) A reference in this section to engaging
in conduct includes a reference to failing or refusing to engage in conduct.
(9) In this section:
offence against this Act includes:
(a) an offence against section 6 of
the Crimes Act 1914 that relates to an offence against this Act; and
(b) any offence against section 11.4
or 11.5 of the Criminal Code that relates to an offence against this
Act.
this Act includes the regulations.
48
Regulatory Authorities to comply with Ministerial directions
(1) The Minister may, by order in writing,
issue directions to be complied with by Regulatory Authorities with respect to
all or any of their powers under this Act and the regulations.
(2) The Minister shall cause a copy of an
order under subsection (1) to be given to each Regulatory Authority and
published in the Gazette.
(3) A Regulatory Authority, in exercising any
powers conferred by this Act and the regulations, shall comply with any relevant
directions in force under subsection (1).
49
Freedom of interstate trade etc.
(1) A power conferred by sections 9, 11
and 26, subsection 27(8), section 30 and subsection 32(2) on the Minister
or on a Regulatory Authority and a power conferred on a court by subsections
27(1), (2) and (7) shall not be exercised in such a manner that:
(a) trade, commerce and intercourse
among the States is not absolutely free within the meaning of section 92
of the Constitution; or
(aa) trade, commerce or intercourse
between the Australian Capital Territory and a State is not absolutely free
within the meaning of section 69 of the Australian Capital Territory
(Self‑Government) Act 1988.
(b) trade, commerce or intercourse
between the Northern Territory and the States is not absolutely free within the
meaning of section 49 of the Northern Territory (Self‑Government)
Act 1978.
(2) In subsection (1), State
does not include the Australian Capital Territory or the Northern Territory.
50
Delegation
(1) A Regulatory Authority or the Minister
may, either generally or as otherwise provided by the instrument of delegation,
by writing signed by the Regulatory Authority or the Minister, as the case may
be, delegate to a person all or any of his or her powers under this Act or the
regulations, other than this power of delegation or the powers conferred by
subsection 23(1), (2) or (5) or section 34 or 48.
(2) A power so delegated, when exercised by
the delegate, shall, for the purposes of this Act or the regulations, be deemed
to have been exercised by the Regulatory Authority or the Minister, as the case
requires.
(3) A delegation under this section does not
prevent the exercise of a power by the Regulatory Authority or the Minister, as
the case requires.
(4) A delegation under this section by a
Regulatory Authority or the Minister may be varied or revoked by writing signed
by the same or a subsequent holder of the office of Regulatory Authority or
Minister, as the case may be.
(5) A copy of each instrument making, varying
or revoking a delegation under this section shall be published in the Gazette.
51
Reconsideration and review of certain decisions
(1) In this section:
decision has the same meaning as in the Administrative
Appeals Tribunal Act 1975.
relevant decision means:
(a) a decision of a Regulatory
Authority, or a delegate of a Regulatory Authority, under section 9, 11 or
26, subsection 27(8), section 30 or subsection 32(2); or
(b) a decision of a delegate of the
Minister under subsection (2) of this section.
reviewable decision means a decision of the
Minister under subsection (2) or (4) of this section, but does not include
a decision of a delegate of the Minister under subsection (2) of this
section.
(2) A person affected by a relevant decision
who is dissatisfied with the decision may, within 28 days after the day on
which the decision first comes to the notice of the person, or within such
further period as the Minister (either before or after the end of that period),
by notice in writing served on the person, allows, by notice in writing given
to the Minister, request the Minister to reconsider the decision.
(3) There shall be set out in the notice of
request the reasons for making the request.
(4) The
Minister shall, within 60 days after the receipt of the request, reconsider the
relevant decision and may make a decision:
(a) in substitution for the relevant
decision, whether in the same terms as the relevant decision or not; or
(b) revoking the relevant decision.
(5) Where, as a result of a reconsideration under
subsection (4), the Minister makes a decision in substitution for or
revoking a relevant decision, the Minister shall, by notice in writing served
on the person who made the request under subsection (2) for the
reconsideration, inform the person of the result of the reconsideration and
give reasons for the decision.
(6) Applications may be made to the
Administrative Appeals Tribunal for review of a reviewable decision.
(7) Where a relevant decision is made and the
person who made the relevant decision gives to a person whose interests are
affected by the decision notice in writing of the making of the decision, that
notice shall include a statement to the effect that a person affected by the
decision:
(a) may, if the person is dissatisfied
with the decision, seek a reconsideration of the decision by the Minister in
accordance with subsection (2); and
(b) may, subject to the Administrative
Appeals Tribunal Act 1975, if the person is dissatisfied with a decision of
the Minister upon that reconsideration, make application to the Administrative
Appeals Tribunal for review of that decision.
(8) Where the Minister, or a delegate of the
Minister, makes a reviewable decision and gives to a person whose interests are
affected by the decision notice in writing of the making of the decision, that
notice shall include a statement to the effect that, subject to the Administrative
Appeals Tribunal Act 1975, application may be made to the Administrative
Appeals Tribunal for review of the decision to which the notice relates by or
on behalf of a person whose interests are affected by the decision.
(9) Any failure to comply with the
requirements of subsection (7) or (8) in relation to a decision does not
affect the validity of the decision.
52
Effect of this Act and regulations on State laws
(1) It is the intention of the Parliament
that this Act (except sections 12A and 12C) and the regulations shall not,
subject to subsection (2), apply to the exclusion of a law of a State.
(2) Subsection (1) does not apply to a law
of a State in so far as that law has the effect of:
(a) requiring a motor vehicle or
trailer that is registered under this Act and operating as mentioned in
subsection 8(1) to be registered under a law of a State;
(b) requiring compliance, in respect
of a registered motor vehicle or trailer, with requirements that are directly
inconsistent with requirements prescribed for the purposes of subsection 12B(1)
or section 13, 37 or 39, or conditions determined under subsection 43A(2);
(c) requiring a person who holds a
federal operator’s licence and is carrying on long distance interstate road
transport business to hold a licence or other authority under a law of a State
authorising the person to carry on long distance interstate road transport
business generally or, except in such circumstances as are prescribed, long
distance interstate road transport business specified in that law or long
distance interstate road transport business included in a class of long
distance interstate road transport business specified in that law; or
(d) requiring:
(i) a person who does not
hold a federal operator’s licence and is operating a registered motor vehicle
or trailer as mentioned in subsection 8(1); or
(ii) a
person who holds a federal operator’s licence and is operating a registered
motor vehicle or trailer (other than a motor vehicle, or a motor vehicle and
attached trailer, that is a heavy motor vehicle as defined in subsection 3(1)
as mentioned in subsection 8(1);
to hold a licence or other
authority under a law of a State authorising that operation, being a licence or
authority specified in the regulations or a licence or authority included in a
class of licences or authorities specified in the regulations.
53
Enforcement of orders for payment
(1) Where:
(a) upon the conviction of a person
for an offence against regulations made for the purposes of section 37 or
39 of this Act or an offence against section 40, 41, 44 or 45 of this Act
or an offence against section 137.1 of the Criminal Code that
relates to this Act, the court before which the person is convicted, in
addition to imposing a penalty on the person, orders the person to pay an
amount to the Commonwealth; and
(b) the
court has civil jurisdiction to the extent of the amount;
the order is enforceable in all respects as a final
judgment of the court in favour of the Commonwealth.
(2) Where:
(a) upon conviction of a person for an
offence against regulations made for the purposes of section 37 or 39 of
this Act or an offence against section 40, 41, 44 or 45 of this Act or an
offence against section 137.1 of the Criminal Code that relates to
this Act, the court before which the person is convicted, in addition to
imposing a penalty on the person, orders the person to pay an amount to the
Commonwealth; and
(b) the court:
(i) does not have civil
jurisdiction; or
(ii) has
civil jurisdiction, but does not have civil jurisdiction to the extent of the
amount;
the proper officer of the court shall issue to the
Minister a certificate in the prescribed form containing the prescribed
particulars.
(3) The certificate may, in the prescribed
manner and subject to the prescribed conditions (if any), be registered in a
court having civil jurisdiction to the extent of the amount ordered to be paid
to the Commonwealth.
(4) Upon registration under subsection (3),
the certificate is enforceable in all respects as a final judgment of the court
in favour of the Commonwealth.
(5) The costs of registration of the
certificate and other proceedings under this section shall, subject to the
prescribed conditions (if any), be deemed to be payable under the certificate.
55
Recovery of fees
A fee payable to the Commonwealth under
this Act may be recovered as a debt due to the Commonwealth by action in a
court of competent jurisdiction.
56
Regulations
(1) The Governor‑General may make
regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1),
the regulations may make provision for and in relation to:
(a) regulating the use and operation
of registered motor vehicles and trailers and prescribing operating standards
(including mass limits) of such vehicles and trailers; and
(b) prohibiting or regulating
specified conduct or activities:
(i) in registered motor
vehicles or trailers; or
(ii) in connection with the
operation or use of registered motor vehicles or trailers; and
(c) providing for the charging of fees
(other than fees for the purposes of paragraph 9(1)(a), subparagraph
9(3)(b)(ii) or subsection 12(2)) in respect of functions performed by a
Regulatory Authority in or in connection with the registration under this Act
of a motor vehicle or trailer or the licensing under this Act of a person who
proposes to carry on long distance interstate road transport business; and
(d) penalties not exceeding a fine of
30 penalty units for offences against regulations made for the purposes of
paragraph 13(aa); and
(da) enabling
a person who is alleged to have committed an offence against section 12D
or an offence referred to in paragraph (d) to pay to the Commonwealth, as
an alternative to prosecution, a penalty not exceeding:
(i) in the case of a
natural person—4 penalty units; or
(ii) in the case of a body
corporate—20 penalty units; and
(e) penalties not exceeding a fine of
10 penalty units for offences against the regulations, other than offences
referred to in paragraph (d);
(f) enabling a person who is alleged
to have committed an offence referred to in paragraph (e) to pay to the
Commonwealth, as an alternative to prosecution, a penalty not exceeding:
(i) in the case of a
natural person—1 penalty unit; or
(ii) in the case of a body
corporate—5 penalty units.
(3) The regulations may make provision for or
in relation to a matter by applying, adopting or incorporating, with or without
modification, any matter contained in an instrument or other writing as in
force at a particular time or as in force from time to time.
(4) Subject to section 4A, a fee
provided for under paragraph (2)(c) shall not exceed $100.
Note 2
Part V (sections 24‑35), subsections 36(1), (5) and
section 37 provide as follows:
[NOTE: The in force amendments made by the Statutory
Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 (No. 99,
1988), the Interstate Road Transport Amendment Act 1995 (No. 50, 1995) and the Interstate Road Transport Amendment Act 1998 (No. 43,
1998) are incorporated into Note 2 below. Additions to the text are shown as underlined.
Omitted text is shown as ruled through.]
PART V—LICENSING OF INTERSTATE ROAD TRANSPORT OPERATORS
24 Interpretation
(1) In this Part:
declared associate of a disqualified person
means a person in respect of whom a declaration under subsection 30(1) is in
force.
disqualification means disqualification under
subsection 27(1) or (2).
disqualified person means a person in respect
of whom a disqualification is in force.
relevant safety provision means a provision
of:
(a) a law of a State or Territory with
respect to a road safety matter; or
(b) a federal road safety standard.
(2) Where a person is convicted of an offence
against a law of a State or Territory constituted
by a contravention of, or attempt to contravene or an involvement in a
contravention of, a relevant safety provision, the person shall be taken, for
the purposes of this Part, to have contravened, attempted to contravene or been
involved in a contravention of, as the case may be, the relevant safety
provision.
(3) A reference in subsection (2) to a
conviction of a person of an offence includes a reference to the making of an
order under a provision of a law of a State or
Territory corresponding to section 19B of the Crimes Act 1914 in
relation to the person in respect of the offence.
(4) A
reference in this Part to a person involved in a contravention of a relevant
safety provision is a reference to a person who:
(a) has aided, abetted, counselled or
procured the contravention;
(b) has induced, whether by threats or
promises or otherwise, the contravention;
(c) has been in any way, directly or
indirectly, knowingly concerned in, or party to, the contravention; or
(d) has conspired with others to
effect the contravention.
25 Operators not to carry on long distance interstate road
transport business unless licensed
A person shall not carry on long
distance interstate road transport business unless the person:
(a) is the holder of a federal
operator’s licence; or
(b) is the holder of a State
operator’s licence.
Penalty: $5,000.
Penalty: 50 penalty units.
Note: If a body corporate is convicted of the
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to
impose a fine of an amount that is not greater than 5 times the maximum fine
that could be imposed by the court on an individual convicted of the same
offence.
26 Grant of federal operator’s licence
(1) Subject to subsection (2), upon
application made in accordance with the approved form by a person who proposes
to carry on long distance interstate road transport business, a Licensing
Authority shall grant to the applicant a licence authorising the carrying on by
the person of long distance interstate road transport business unless:
(a) the application is not accompanied
by the prescribed fee;
(b) the applicant is a disqualified
person; or
(c) the applicant is a declared
associate of a disqualified person.
(2) A Licensing Authority may refuse to grant
a federal operator’s licence to an applicant under subsection (1) if:
(a) the applicant is, in relation to
any long distance interstate road transport business that is being or may be
carried on by the applicant, a partner of a disqualified person; or
(b) a disqualified person has, whether
directly or indirectly, a significant degree of control of, or a significant
capacity to influence, any long distance interstate road transport business
that is being or may be carried on by the applicant.
(3) An
application under subsection (1) made by a person who proposes to carry on
long distance interstate road transport business shall set out, in addition to
the matters required by the form approved for the purposes of that subsection
to be set out, the name of the person responsible for the day‑to‑day
management of that business or, if there are 2 or more such persons, the person
who is, or the persons who are, principally responsible for the day‑to‑day
management of that business.
(4) A Licensing Authority shall not grant a
federal operator’s licence before the end of the period of 7 days after the day
on which application was made for the licence.
(5) An applicant for a federal operator’s
licence may withdraw his or her application at any time before the licence is
granted.
(6) A federal operator’s licence comes into
force on the day on which it is granted and remains in force until cancelled in
accordance with this Act.
27 Disqualified persons
(1) Subject to this Act, where a court, on
application made to it by a Licensing Authority for an order under paragraph (d),
is satisfied that:
(a) a person has, after the
commencement of this section, on one or more occasions, contravened, attempted
to contravene, or been involved in a contravention of, one or more relevant
safety provisions; and
(b) it is in the interests of public
safety to do so;
the court may:
(c) except where the person has been
admonished under this paragraph on 2 occasions in the period of 10 years ending
on the day on which the application was made—admonish the person; or
(d) make an order disqualifying the
person, either permanently or for a specified period, from participating in
long distance interstate transport business.
(2) Where:
(a) a
person (in this subsection referred to as the convicted person)
is convicted before a court of an offence against regulations made for the
purposes of section 37 or 39 or against section 40, 41, 44, 45 or 47
in relation to an act or omission; and
(b) the court is satisfied that the
purpose of, or one of the purposes of, the act or omission was to prevent or
frustrate the collection of evidence relevant to proceedings that have been or
could be instituted under subsection (1) against the convicted person or
another person;
the court may, in addition to imposing a penalty on the
convicted person, make an order disqualifying the convicted person from participating
in long distance interstate road transport business for such period, not
exceeding 3 years, as is specified in the order of disqualification.
(3) Subject to subsection (4), the
disqualification of a person comes into force on such day as is specified in
the order of disqualification.
(4) Where a person is already disqualified
for a specified period, a further period of disqualification of the person
comes into force immediately after the end of the period for which the person
is already disqualified.
(5) Where a disqualification of a person
comes into force, any federal operator’s licence held by the person shall be
deemed to be cancelled.
(6) A person who is disqualified shall be
deemed, for the purposes of this Part, not to hold a State operator’s licence
while the disqualification is in force.
(7) Where a court disqualifies a person under
subsection (1), the court may specify in the order of disqualification a
date after which the person may apply under subsection (8) for the
revocation of the disqualification.
(8) Where a disqualification of a person is
in force under subsection (1), a Licensing Authority may, on application made
by a disqualified person after the date so specified in the order of
disqualification, revoke the disqualification of the person if the person has
not been further disqualified and the Licensing Authority is satisfied that
there are special circumstances that warrant the revocation of the
disqualification.
(9) A court of summary jurisdiction shall not
disqualify a person under subsection (1) for a period of more than 6
months.
(10) A reference in subsection (1) to a
court is a reference to:
(a) a court of summary jurisdiction;
(b) the Supreme Court of a State; or
(c) the Supreme Court of the Australian
Capital Territory.
28 Monitoring device records etc.
(1) The regulations may make provision for
and in relation to the admissibility, in proceedings arising out of subsection
27(1), of a monitoring device record.
(2) Where an alleged act or omission of a
person constitutes both an offence against a law of a State or Territory and a
contravention of, an attempt to contravene or an involvement in a contravention
of, a relevant safety provision, proceedings shall not be instituted under
subsection 27(1) in a court relating to that act or omission unless the
Licensing Authority in respect of the State or Territory causes to be filed in
the court a certificate issued not earlier than 7 days before the day on which
the proceedings are instituted stating that, as of the day of issue of the
certificate:
(a) it is not proposed to institute
criminal proceedings against the person in respect of the act or omission; or
(b) criminal proceedings have been
instituted against the person in respect of the act or omission and those
proceedings have been finally dealt with according to law.
(3) Where, in proceedings arising out of
subsection 27(1) in relation to an act done, or omitted to be done, by a body
corporate, it is necessary to establish the intention of the body corporate, it
is sufficient to show that a servant or agent of the body corporate by whom the
act was done or omitted to be done, as the case may be, had the intention.
(4) In proceedings arising out of subsection
27(1), an act done, or omitted to be done, on behalf of a body corporate by:
(a) a director, servant or agent of
the body corporate;
(b) any other person:
(i) at the direction; or
(ii) with the consent or
agreement (whether express or implied);
of a director, servant or agent
of the body corporate;
shall be deemed to have been done, or omitted to have been
done, as the case may be, also by the body corporate.
29 Matters to be taken into account by court
A court, in determining for the purposes
of subsection 27(1) whether it is in the interests of public safety to
disqualify a person, being a person who has, on one or more occasions,
contravened, attempted to contravene, or been involved in the contravention of,
one or more relevant safety provisions, shall have regard to all relevant
matters, including, but without limiting the generality of the foregoing:
(a) the conduct of the person before,
during and after the attempt, involvement or contravention; and
(b) any other conduct of the person
that is relevant to road safety.
30 Associates of disqualified persons [see Note 3 ]
(1) A Licensing Authority may, by notice in
writing served on a person, declare the person to be an associate of a
disqualified person if:
(a) the first‑mentioned person
has become, in relation to any long distance interstate road transport business
that is being carried on by the first‑mentioned person, a partner of a
disqualified person; or
(b) a disqualified person has, whether
directly or indirectly, acquired a significant degree of control of, or a
significant capacity to influence, any long distance interstate road transport
business that is being carried on by the first‑mentioned person.
(2) A declaration under subsection (1)
comes into force on such day as is specified in the notice of the declaration.
(3) Where a declaration made in respect of a
person comes into force under subsection (1), any federal operator’s
licence held by the person shall be deemed to be cancelled.
(4) A declared associate of a disqualified
person shall be deemed, for the purposes of this Part, not to hold a State
operator’s licence while the declaration made in respect of the person is in
force under subsection (1).
(5) Where a declaration made in respect of a
person is in force under subsection (1), a Licensing Authority shall, on
application made by the person, revoke the declaration if the Licensing
Authority is satisfied that:
(a) the person is not, in relation to
any long distance interstate road transport business that is being carried on
by the person, a partner of a disqualified person; and
(b) no disqualified person has,
whether directly or indirectly, a significant degree of control of, or a
significant capacity to influence, any long distance interstate road transport
business that is being carried on by the first‑mentioned person.
31 Publication of particulars of disqualification etc.
(1) As soon as practicable after a
disqualification of a person comes into force, the Minister shall cause to be
prepared a statement setting out particulars of the disqualification and
explaining the effects of the disqualification.
(2) As soon as practicable after a
disqualification of a person is revoked in accordance with this Act, the
Minister shall cause to be prepared a statement setting out particulars of the
revocation and explaining the effects of the revocation.
(3) Where a statement is prepared under subsection (1)
or (2), the Minister shall, as soon as practicable after the preparation of the
statement, and from time to time thereafter, may, cause the statement to be
published in the prescribed manner.
(4) The
Minister shall cause to be kept registers to be known as the Register of
Holders of Federal Operator’s Licences, the Register of Disqualified Persons
and the Register of Declared Associates of Disqualified Persons.
(5) A person may, on payment of the
prescribed fee (if any), inspect a register kept under subsection (4).
32 Annual notice by holder of federal operator’s licence
(1) Where:
(a) a person holds a federal
operator’s licence on 1 July in any year; and
(b) the person wishes to continue to
hold the licence;
the person shall, before 31 July in that year, or
before such later date as the Licensing Authority allows, give a notice to a
Licensing Authority in accordance with the approved form:
(c) stating that the person wishes to
continue to hold the licence; and
(d) setting out:
(i) the name of the person
responsible for the day‑to‑day management of any long distance
interstate road transport business that is being or may be carried on by the
first‑mentioned person or, if there are 2 or more such persons, the
person who is, or the persons who are, principally responsible for the day‑to‑day
management of that business; and
(ii) such other information
(if any) with respect to any long distance interstate road transport business
that is being or may be carried on by the person, as is required by the form to
be given.
(2) If a person who is the holder of a
federal operator’s licence does not give a notice as and when required by
subsection (1), a Licensing Authority may, by notice in writing served on the
person, cancel the licence.
33 Court may inform Licensing Authority of conviction etc.
(1) Where a person is convicted by a court of
an offence constituted by a contravention of, an attempt to contravene, or an
involvement in a contravention of, a relevant safety provision, the court may
cause a Licensing Authority to be informed of that conviction.
(2) A reference in subsection (1) to a
conviction of a person of an offence includes a reference to the making of an
order in relation to the person under a provision of a law of a State or
Territory corresponding to section 19B of the Crimes Act 1914 in
respect of the offence.
34 Federal road safety standards
For the purposes of this Part, the
Minister may, by order in writing, declare standards, to be known as federal
road safety standards, with respect to road safety matters.
35 Disallowance etc. of federal road safety standards
(1) Sections 48, 48A, 48B, 49,
49A and 50 of the Acts Interpretation Act 1901 apply in relation to
orders made under section 34 of this Act as if in those sections
references to regulations were references to orders, references to a regulation
were references to an order and references to a repeal were references to a
revocation.
(2) An order made under section 34 of
this Act shall be deemed to be a statutory rule within the meaning of the Statutory
Rules Publication Act 1903.
36 Regulations may specify requirements for monitoring
devices
(1) The regulations may specify requirements
for standard monitoring devices.
(5) A
charge monitoring device may be a device of the same or a different kind as a
standard monitoring device.
37 Regulations may require standard monitoring device to be
fitted to registered motor vehicles
The regulations may require a registered
motor vehicle to be fitted with a standard monitoring device.
As at 10 October 2006 no date had been fixed for the
commencement of Part V (sections 24–35), subsections 36(1), (5) and
section 37.
Note 3
Section 30 was amended by section 3 and Schedule 1
only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 (No. 168,
1986). The provision of Schedule 1 applicable to the Interstate Road
Transport Act 1985 provides as follows:
Schedule 1
Subsection 30(5)
Omit “the Licensing Authority is satisfied that”.
Subsection 2(7) of the Statute Law (Miscellaneous
Provisions) Act (No. 2) 1986 provides as follows:
(7) An amendment of a provision of the Interstate
Road Transport Act 1985 made by this Act shall come into operation
on the day on which that provision comes into operation.
As at 10 October 2006 no date had been fixed for the
commencement of subsection 30(5) and the amendment is not incorporated in this compilation.
Note 4
Section 34 was amended by Schedule 2 (item 31)
and section 35 was repealed by Schedule 2 (item 32) of the Maritime
Transport and Offshore Facilities Security Amendment (Security Plans and Other
Measures) Act 2006 (No. 109, 2006). The provisions of Schedule 2
applicable to the Interstate Road Transport Act 1985 provide as
follows:
Schedule 2
31 Section 34
Omit “by order in writing”, substitute “by legislative
instrument”.
32 Section 35
Repeal the section.
As at 10 October 2006 no date had been fixed for the
commencement of sections 34 and 35 and the amendments are not incorporated
in this compilation.