Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 2
3............ Schedule(s)......................................................................................... 2
4............ Review of Heavy Vehicle Safety and Productivity
Program............... 2
Schedule 1—Repeal of the Road Transport Charges
(Australian Capital Territory) Act 1993 4
Road Transport Charges (Australian Capital Territory) Act 1993 4
Schedule 2—Amendments relating to the repeal of the Road
Transport Charges (Australian Capital Territory) Act 1993 5
Road Transport Reform (Heavy Vehicles Registration) Act 1997 5
Schedule 3—Amendment of the Fuel Tax Act 2006 6
Fuel Tax Act 2006 6
Road Charges Legislation Repeal and Amendment Act 2008
No. 148, 2008
An Act to repeal and amend the law relating to road charges, and
for related purposes
[Assented to 11 December 2008]
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Road
Charges Legislation Repeal and Amendment Act 2008.
2
Commencement
(1) Each provision of this Act specified in
column 1 of the table commences, or is taken to have commenced, in accordance
with column 2 of the table. Any other statement in column 2 has effect
according to its terms.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 to 3 and anything in this Act not
elsewhere covered by this table
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The day on which this Act receives the Royal Assent.
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11 December 2008
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2. Schedules 1 and 2
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Immediately before the commencement of Schedule 1 to
the Interstate Road Transport Charge Amendment Act (No. 2) 2008.
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12 February 2009
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3. Schedule 3
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1 January 2009.
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1 January 2009
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Note: This table
relates only to the provisions of this Act as originally passed by both Houses
of the Parliament and assented to. It will not be expanded to deal with
provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or edited in any published version of this Act.
3
Schedule(s)
Each Act that is specified in a Schedule
to this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
4 Review of Heavy Vehicle Safety and
Productivity Program
(1) The Minister must cause a review of the Heavy Vehicle Safety and Productivity Program to
be conducted.
(2) The review must:
(a) start on the third anniversary of
the commencement of this section; and
(b) be completed within 6 months.
(3) The Minister must cause a written report
about the review to be prepared.
(4) The Minister must cause a copy of the
report to be laid before each House of the Parliament within 15 sitting days
after the Minister receives the report.
Schedule 1—Repeal of the Road Transport Charges (Australian Capital
Territory) Act 1993
Road Transport Charges (Australian
Capital Territory) Act 1993
1 The whole of the Act
Repeal the Act.
Schedule 2—Amendments relating to the repeal of the Road Transport
Charges (Australian Capital Territory) Act 1993
Road Transport Reform (Heavy Vehicles
Registration) Act 1997
1 Paragraphs 9(c), 10(1)(g) and 17(2)(f)
Repeal the paragraphs.
2 Section 30
Repeal the section.
Schedule 3—Amendment of the Fuel Tax Act 2006
Fuel Tax Act 2006
1 Subsection 43‑10(3)
Omit “, determined by the *Transport Minister”, substitute “for the
fuel”.
2 Subsection 43‑10(5)
Repeal the subsection.
4 At the end of section 43‑10
Add:
Determining the rate of road user charge
(7) The amount of road user charge for
taxable fuel is worked out using the following rate:
(a) if no rate has been determined by
the *Transport
Minister—21 cents for each litre of the fuel;
(b) otherwise—the rate determined by
the Transport Minister.
(8) For the purposes of subsection (7),
the *Transport
Minister may determine, by legislative instrument, the rate of the road user
charge.
(9) Before the *Transport Minister determines an
increased rate of road user charge, the Transport Minister must:
(a) make the following publicly
available for at least 60 days:
(i) the proposed increased
rate of road user charge;
(ii) any information that
was relied on in determining the proposed increased rate; and
(b) consider any comments received,
within the period specified by the Transport Minister, from the public in
relation to the proposed increased rate.
(10) However, the *Transport Minister may, as a result of
considering any comments received from the public in accordance with
subsection (9), determine a rate of road user charge that is different
from the proposed rate that was made publicly available without making that
different rate publicly available in accordance with that subsection.
(11) In determining the *road user charge, the
*Transport Minister must not apply a method for indexing the charge.
(12) The *Transport Minister must not make more
than one determination in a financial year if the effect of the determination
would be to increase the *road user charge more than once in that financial
year.
9 Application
The amendments made by this Schedule apply to taxable fuel acquired
or manufactured in, or imported into, Australia on or after 1 January
2009.
[Minister’s second reading speech made in—
House of Representatives on 25 September 2008
Senate on 10 November 2008]