Interstate Road Transport Charge Regulations 2009

Select Legislative Instrument 2009 No. 26 as amended

made under the

This compilation was prepared on 1 July 2010
taking into account amendments up to SLI 2010 No. 177

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

                        1     Name of Regulations [see Note 1]                                     3

                        2     Commencement [see Note 1]                                           3

                        3     Repeal                                                                            3

                        4     Definitions                                                                       3

                        5     Registration charges — 2009–2010 financial year               3

                        6     Registration charges — 2010–2011 financial year               5

                        7     Registration charges — financial years after 30 June 2011   7

                        8     Meaning of previous annual registration charge                   7

Schedule 1             Annual adjustment factor                                              8

Notes                                                                                                          16

1              Name of Regulations [see Note 1]

                These Regulations are the Interstate Road Transport Charge Regulations 2009.

2              Commencement [see Note 1]

                These Regulations commence 56 days after the end of the period in which these Regulations may be disallowed under Part 5 of the Legislative Instruments Act 2003.

3              Repeal

                The Interstate Road Transport Charge Regulations 2006 are repealed.

4              Definitions

In these Regulations:

Act means the Interstate Road Transport Charge Act 1985.

annual adjustment factor has the meaning given by subclause 1 (1) of Schedule 1 to these Regulations.

previous annual registration charge has the meaning given by regulation 8.

5              Registration charges — 2009–2010 financial year

                For subsection 5 (3) of the Act, the amount of charge for the registration of a vehicle in a category referred to in Table 1, for a full year of registration that begins during the 2009–2010 financial year, is the amount worked out using the following method:

                (a)    ascertain the amount of charge for the vehicle as set out in Table 1 (the Base Charge);

               (b)    ascertain the annual adjustment factor for the 2009–2010 financial year (in accordance with Schedule 1);

                (c)    multiply the Base Charge by the annual adjustment factor (Amount A);

               (d)    add Amount A to, or subtract Amount A from (if the annual adjustment factor was negative), the Base Charge (Amount B);

                (e)    round Amount B up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).

Note   See the Department’s Internet site for the amounts of charge that apply under this regulation.

Table 1

Base Charges — 2009–2010 financial year

Division 1 – Load carrying vehicles

Division 2 – Trailers

Division 3 – Buses

6              Registration charges — 2010–2011 financial year

         (1)   For subsection 5 (3) of the Act, for vehicles in the categories mentioned in subsection 4 (1A) of the Act, other than:

                (a)    semi trailers; and

               (b)    B‑double lead trailers; and

                (c)    B‑triple lead trailers; and

               (d)    B‑triple middle trailers;

the amount of charge for a full year of registration that begins during the 2010–2011 financial year is the amount worked out using the following method:

                (e)    ascertain the previous annual registration charge for the vehicle;

                (f)    ascertain the annual adjustment factor for the 2010–2011 financial year (in accordance with Schedule 1);

                (g)    multiply the previous annual registration charge by the annual adjustment factor (Amount A);

                (h)    add Amount A to, or subtract Amount A from (if the annual adjustment factor was negative), the previous annual registration charge (Amount B);

                 (i)    round Amount B up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).

         (2)   For subsection 5 (3) of the Act, for the following vehicles:

                (a)    semi trailers;

               (b)    B‑double lead trailers;

                (c)    B‑triple lead trailers;

               (d)    B‑triple middle trailers;

the amount of charge for a full year of registration that begins during the 2010–2011 financial year is the amount worked out using the following method:

                (e)    ascertain the amount of charge for the vehicle as set out in Table 2 (the Charge Increment);

                (f)    ascertain the previous annual registration charge for the vehicle;

                (g)    add the Charge Increment to the previous annual registration charge (Amount A);

                (h)    ascertain the annual adjustment factor for the 2010–2011 financial year (in accordance with Schedule 1);

                 (i)    multiply Amount A by the annual adjustment factor (Amount B);

                (j)    add Amount B to, or subtract Amount B from (if the annual adjustment factor was negative), Amount A (Amount C);

               (k)    round Amount C up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).

Note   See the Department’s Internet site for the amounts of charge that apply under this regulation.

Table 2

Charge Increments — 2010–2011 financial year

7              Registration charges — financial years after 30 June 2011

                For subsection 5 (3) of the Act, the amount of charge for the registration of a vehicle in a category referred to in subsection 4 (1A) of the Act, for a full year of registration that begins during any financial year after 30 June 2011 (the relevant financial year) is the amount worked out using the following method:

                (a)                ascertain the previous annual registration charge for the vehicle;

               (b)    ascertain the annual adjustment factor for the relevant financial year (in accordance with Schedule 1);

                (c)                multiply the previous annual registration charge by the    annual adjustment factor (Amount A);

               (d)    add Amount A to, or subtract Amount A from (if the annual adjustment factor was negative), the previous registration charge (Amount B);

                (e)    round Amount B up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).

Note   See the Department’s Internet site for the amounts of charges that apply under this regulation.

8              Meaning of previous annual registration charge

                A reference to the previous annual registration charge for a vehicle in regulations 6 and 7 is a reference to the charge that would have been payable for the vehicle under these Regulations for a full year of registration commencing during the financial year preceding the financial year in relation to which the charge is being worked out under regulation 6 or 7.

Schedule 1        Annual adjustment factor

(regulations 5, 6 and 7)

1              Annual adjustment factor

         (1)   The annual adjustment factor for a financial year (the relevant year) is to be calculated in accordance with this clause.

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

where:

RA means the Rural Arterial Road Expenditure adjustment factor that applies for that year (see clause 2).

UA means the Urban Arterial Road Expenditure adjustment factor that applies for that year (see clause 2).

RL means the Rural Local Road Expenditure adjustment factor that applies for that year (see clause 2).

UL means the Urban Local Road Expenditure adjustment factor that applies for that year (see clause 2).

         (3)   Second, the amount determined under subclause (2) is to be rounded up or down to 1 decimal place (round an amount of 0.05 upwards).

Example

An amount of 3.55 would be rounded up to 3.6.

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

         (5)   If the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the relevant year does not provide the information needed to calculate the value of TFU in clause 2A and the values of HV and TTR in clause 2B, then the raw annual adjustment factor is the annual adjustment factor for the relevant year.

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

where:

PRABC is:

                (a)    the revised adjusted base cost derived in calculating the annual adjustment factor for the previous financial year; or

               (b)    if no revised adjusted base cost was derived in calculating the annual adjustment factor for the previous financial year, the revised adjusted base cost in the relevant annual report of the NTC.

Note   For PRABC for 2010–2011, see clause 4.

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

         (7)   The result is the revised adjusted base cost (RABC).

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

where:

FR means the estimated total amount of the road user charge under the Fuel Tax Act 2006 as calculated in accordance with clause 2A.

RR means the estimated revenue raised in relation to heavy vehicles by registration charges in Australia as calculated in accordance with clause 2B.

         (9)   Finally, the amount calculated under subclause (8) is to be rounded up or down to 1 decimal place (rounding an amount of 0.05 upwards).

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

2              Adjustment factors

         (1)   The 4 adjustment factors referred to in clause 1 (RA, UA, RL, UL) for a particular financial year are to be calculated in accordance with this clause.

         (2)   First, the expenditure for each adjustment factor for the Years 1–6 is to be multiplied by the following fraction to derive an amount of adjusted expenditure for each of those years for each of those factors:

where:

expenditure, for a financial year, means the amount specified in the most recent annual report of the NTC as being:

                (a)    in the case of RA — the estimated amount of expenditure on rural arterial roads for that year; and

               (b)    in the case of UA — the estimated amount of expenditure on urban arterial roads for that year; and

                (c)    in the case of RL — the estimated amount of expenditure on rural local roads for that year; and

               (d)    in the case of UL — the estimated amount of expenditure on urban local roads for that year.

index number, for a particular financial year, means the road construction and maintenance price index number for 30 June of that year published by the Bureau of Infrastructure, Transport and Regional Economics.

Example

In August 2007 the Bureau of Infrastructure, Transport and Regional Economics published its index figure. As at 30 June 2007 the index number was 150.5. Thus the index number for the 2006–2007 financial year is 150.5.

most recent annual report of the NTC means the last annual report of the National Transport Commission that was tabled in the Parliament before the start of the financial year for which the annual adjustment factor is being determined.

Year 1 means the financial year immediately before Year 2.

Year 2 means the financial year immediately before Year 3.

Year 3 means the financial year immediately before Year 4.

Year 4 means the financial year immediately before Year 5.

Year 5 means the financial year immediately before Year 6.

Year 6 means the financial year immediately before Year 7.

Year 7 means the financial year immediately before Year 8.

Year 8 means the latest financial year for which the amount of estimated expenditure on the relevant type of road mentioned in the definition of expenditure is specified in the most recent annual report of the NTC.

Examples of the determination of Year 8

Suppose that, on 1 March 2010, the most recent annual report of the NTC to have been tabled is the annual report for 2008–2009, and that that report contains estimated expenditure figures for arterial roads up to and including the 2008–2009 financial year and estimated expenditure figures for local roads up to and including the 2006–2007 financial year. For the purpose of calculating RA and UA for the 2010–2011 financial year, Year 8 is the 2008–2009 financial year. For the purpose of calculating RL and UL for the 2010–2011 financial year, Year 8 is the 2006–2007 financial year.

Example of the calculation of the amount of adjusted expenditure for a year

Suppose that the Estimated Urban Arterial Road Expenditure for Year 4 is $2 010 000 000; that the index number for Year 4 is 129.7; and that the index number for Year 7 is 154.26. The adjusted expenditure for UA for Year 4 is $2 390 613 724 (that is (154.26/129.7) x $2 010 000 000).

         (3)   Second, for each adjustment factor, the amount of adjusted expenditure for each of Years 1–6 is to be added together, and the expenditure for Year 7 is to be added to the total to derive the Combined Adjusted Expenditure for Years 1–7.

         (4)   Third, the expenditure for each adjustment factor for the Years 2–7 is to be multiplied by the following fraction to derive an amount of adjusted expenditure for each of those years for each of those factors:

         (5)   Fourth, for each adjustment factor, the amount of adjusted expenditure for each of Years 2–7 is to be added together, and the expenditure for Year 8 is to be added to the total to derive the Combined Adjusted Expenditure for Years 2–8.

         (6)   Fifth, for each adjustment factor, the following formula is to be applied:

where:

Combined Adjusted Expenditure for Years 1–7, see subclause (3).

Combined Adjusted Expenditure for Years 2–8, see subclause (5).

Note   Clause 3 varies the operation of this subclause with respect to the calculation of RA and UA for the purposes of calculating the annual adjustment factor for the 2009–2010 financial year.

         (7)   Lastly, the amount determined under subclause (6) is to be rounded up or down to 4 decimal places (rounding an amount of 0.00005 upwards).

Example

An amount of 2.35065 would be rounded up to 2.3507.

         (8)   The result is the amount that is to be used for that adjustment factor in the formula in subclause 1 (2).

2A           Estimated total amount of road user charge

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

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

where:

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

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

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

RUC is the road user charge rate (expressed in dollars) for the previous year that applied under section 43-10 of the Fuel Tax Act 2006, or if more than 1 rate applied in that year, the last rate that applied in that year.

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

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

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

         (5)   The result is the FR.

2B           Estimated revenue from registration charges

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

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

where:

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

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

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

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

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

         (5)   The result is the RR.

3              Transitional provision in relation to the calculation of the annual adjustment factor of 2009–2010

         (1)   Despite anything to the contrary in clause 2, for the purposes of calculating the annual adjustment factor for the 2009–2010 financial year, RA and UA are to be calculated by applying the following formula:

where:

amount of adjusted expenditure is the amount derived using the method set out in subclause 2 (2).

Combined Expenditure is the sum of the amounts of adjusted expenditure for the 2001–2002 (Year 1), 2002–2003 (Year 2), 2003–2004 (Year 3), 2004–2005 (Year 4), 2005–2006 (Year 5) and 2006–2007 (Year 6) financial years, and the amount of expenditure for the 2007–2008 (Year 7) financial year, based on the expenditure amounts set out in the annual report of the NTC for the 2007–2008 financial year, adjusted in the case of Years 1–6 using the index number for the 2007–2008 financial year as the numerator in the adjustment fraction.

Base Combined Expenditure is:

                (a)    in the case of RA, $22 877 279 156; and

               (b)    in the case of UA, $22 628 161 494.

         (2)   All terms defined in clause 2 that are used in this clause have the same meaning as they have in clause 2, unless a contrary intention appears.

4              Transitional provision in relation to the calculation of the annual adjustment factor for 2010–2011

                For calculating the annual adjustment factor for the 2010–2011 financial year:

                (a)    in subclause 1 (6), the PRABC is 2015.15; and

               (b)    in clauses 2A and 2B, a reference to the relevant annual report of the NTC is to be read as if it were a reference to the tables published by the National Transport Commission before 1 July 2010 in the Gazette for the purposes of this Schedule.

Notes to the Interstate Road Transport Charge Regulations 2009

Note 1

The Interstate Road Transport Charge Regulations 2009 (in force under the Interstate Road Transport Charge Act 1985) as shown in this compilation comprise Select Legislative Instrument 2009 No. 26 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments