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Act No. 149 of 1992 as made
An Act to amend the National Road Transport Commission Act 1991
Date of Assent 11 Dec 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - LONG TITLE

An Act to amend the National Road Transport Commission Act 1991

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - SECT 1
Short title etc.

Assented to 11 December 1992
1. (1) This Act may be cited as the National Road Transport Commission Amendment Act 1992.

(2) In this Act, "Principal Act" means the National Road Transport Commission Act 1991.*1*

(Minister's second reading speech made in-
House of Representatives on 19 August 1992
Senate on 13 October 1992)
*1* No. 8, 1992.

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - SECT 3
Amendments relating to the Light Vehicles Agreement etc.

3. The Principal Act is amended as set out in Schedule 1.

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - SECT 4
Light Vehicles Agreement

4. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - SCHEDULE 1

SCHEDULE 1 Section 3
AMENDMENTS RELATING TO THE LIGHT VEHICLES AGREEMENT ETC.
Section 3:
Omit the definition of "Agreement", substitute:
" 'Agreement' means the Heavy Vehicles Agreement or the Light
Vehicles Agreement;".
Section 3 (definition of "head of government"):
Omit "the Agreement", substitute "an Agreement".
Section 3 (definition of "Ministerial Council"):
Insert "Heavy Vehicles" before "Agreement".
Section 3:
Insert:
" 'Heavy Vehicles Agreement' means the agreement made on 30
July 1991 between the Commonwealth, the States and the Australian
Capital Territory, a copy of which is set out in Schedule 1;
'Light Vehicles Agreement' means the agreement made on 11 May
1992 between the Commonwealth, New South Wales, Victoria,
Queensland, South Australia, the Northern Territory of Australia
and the Australian Capital Territory, a copy of which is set out
in Schedule 2;".
Subsection 6(2):
Insert "Heavy Vehicles" before "Agreement".
Subsection 7(2):
Insert "Heavy Vehicles" before "Agreement".
Paragraph 8(1)(a):
Omit "the Agreement", substitute "an Agreement".
Paragraph 8(1)(d):
Omit "that is a party to the Agreement".
Subparagraph 8(1)(f)(i):
Omit "that is a party to the Agreement".
Subparagraph 8(1)(f)(ii):
Omit "that is a party to the Agreement".
Subsection 8(2):
Insert "Heavy Vehicles" before "Agreement".
Subsection 8(5):
Omit "Agreement" (wherever occurring), substitute "Agreements".
Subsection 9(3):
Insert "Heavy Vehicles" before "Agreement".
Section 16:
Insert "Heavy Vehicles" before "Agreement".
Subsection 18(3):
Insert "Heavy Vehicles" before "Agreement".
Section 19:
Insert "Heavy Vehicles" before "Agreement".
Subsection 25(2):
Insert "Heavy Vehicles" before "Agreement".
Subsection 27(3):
Insert "Heavy Vehicles" before "Agreement".
Subsection 28(2):
Insert "Heavy Vehicles" before "Agreement".
Subsection 33(2):
Omit "that is a party to the Agreement".
Subsection 39(4):
Insert "Heavy Vehicles" before "Agreement".
Subsection 41(1):
Insert "Heavy Vehicles" before "Agreement".

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Subsection 41(2):
Omit "the Agreement", substitute "an Agreement".
Subsection 42(2):
Insert "Heavy Vehicles" before "Agreement".
Paragraph 44(1)(a):
Insert "Heavy Vehicles" before "Agreement".
Paragraph 44(2)(b):
Insert "Heavy Vehicles" before "Agreement".
Paragraph 47(1)(b):
Omit "the Agreement", substitute "an Agreement".
Heading to Schedule:
(a) Omit "SCHEDULE", substitute "SCHEDULE 1".
(b) Insert "HEAVY VEHICLES" before "AGREEMENT".

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT ACT 1992 No. 149, 1992 - SCHEDULE 2

SCHEDULE 2 Section 4
"SCHEDULE 2 Section 3
LIGHT VEHICLES AGREEMENT
THIS AGREEMENT is made the 11th day of May 1992
BETWEEN
COMMONWEALTH OF AUSTRALIA
STATE OF NEW SOUTH WALES
STATE OF VICTORIA
STATE OF QUEENSLAND
STATE OF SOUTH AUSTRALIA
NORTHERN TERRITORY OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
RECITALS:
A. The Premiers and Chief Ministers at a meeting in Adelaide in
November 1991 proposed an agreement between their Governments and
the Commonwealth of Australia ("the Commonwealth") involving a
regime for vehicles, other than those to which the Heavy Vehicles
Agreement applies, their drivers, other road users and related
matters.
B. The Government of the Commonwealth of Australia has approved of
the Commonwealth entering into that proposed agreement.
C. The Parties to this Agreement are agreed that the principles
referred to in the Recital C of the Heavy Vehicles Agreement
necessitate uniform or consistent light vehicle transport
legislation throughout Australia, and they are further agreed
that this will be achieved by establishing and implementing a
co-operative scheme, the objectives of which are to ensure in
respect of light vehicle transport legislation that:
(a) legislation is made, and continues to be, uniform or
consistent throughout Australia at all times except as otherwise
provided for in this Agreement;
(b) legislation is administered so as to achieve, at least, a
minimum standard of outcome;
(c) the Commonwealth, the States, the Northern Territory of
Australia and the Australian Capital Territory are able to
co-operate with each other in regard to the matters to be
provided in the legislation, the way in which the legislation is
administered, and the fostering of innovation;
(d) the legislation is capable of effective administration
throughout Australia with the minimum of procedural requirements
and is so administered; and
(e) changes in the legislation are proposed for consideration
as appropriate from time to time and amendments made when the
need for reform arises.
D. The Parties to this Agreement have reached agreement on a
scheme to achieve the objectives referred to in Recital C.
E. The essential element of the scheme is an agreement between
the Commonwealth, the States, the Northern Territory of Australia
and the Australian Capital Territory to provide for;
(a) the introduction of both legislation amending the National
Road Transport Commission Act 1991 of the Commonwealth ("NRTC
Act") and of legislation forming part of, or being an amendment
to, the Commonwealth Road Transport Legislation;
(b) access to the Ministerial Council and National Commission;
and
(c) for other matters as appear hereafter.
F. The matters mentioned in Recital E, involve the following
sequence:
(a) Firstly, the conclusion of an agreement between the
Commonwealth and the Australian Capital Territory under which the
former, with consent of the Legislative Assembly for the
Australian Capital Territory, will seek to amend the NRTC Act and
to enact or make Light Vehicle Transport Legislation for the
Australian Capital Territory which law will be the model on which
the pertinent law of the parties to this Agreement, other than
the Commonwealth, will be based.

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(b) Secondly, the extension by the Parties to this Agreement of
the powers of the Ministerial Council to include the functions
and powers set out herein.
(c) Thirdly, the enactment by the Commonwealth Parliament of
legislation amending the NRTC Act which establishes a National
Road Transport Commission and describes its powers and functions.
(d) Fourthly, the making by the Appropriate Authority of
Commonwealth Light Vehicle Transport Legislation and its coming
into force.
(e) Fifthly, the passage by the Parties, other than the
Commonwealth and the Australian Capital Territory, through their
respective Parliaments, of legislation which will provide that,
when the last mentioned legislation is made by the Appropriate
Authority and comes into force, the then existing light vehicle
transport legislation of these Parties is repealed, amended or
modified so as to avoid any conflict with that Commonwealth
legislation and, in its place, there is on the same date for all
Parties applied the legislation referred to in Recital F(d) and
there is conferred on the National Commission in relation to each
of those Parties the functions and powers conferred on it by the
Commonwealth legislation referred to in Recital E.
NOW IT IS AGREED by the Parties as follows:
PART I - INTERPRETATION
1. In this Agreement, except where a contrary intention appears:
(a) "Australian Capital Territory" means, save where a
geographic meaning is intended, the body politic established by
the Australian Capital Territory (Self-Government) Act 1988;
(b) "Commonwealth" means the Commonwealth of Australia as a
Party to this Agreement; and
(c) "Northern Territory" means, save in sub-clauses 4(1) and
31(3) the Northern Territory of Australia while a Party to this
Agreement; and
(d) "State" means, save in sub-clauses 4(1) and 31(3), a State
of the Commonwealth of Australia that is at the relevant time a
Party to this Agreement.

2. "Application Order" means an order which, because of
geographical or regional conditions, suspends or varies the
operation of Commonwealth Light Vehicle Transport Legislation as
it should otherwise apply in a Zone in relation to:
(a) standards and other regulatory measures whether or not
those measures are introduced as innovations on a trial basis,
(b) enforcement levels above a national minimum standard, and
(c) the level of penalties above a national minimum;
"Appropriate Authority" means in the case of:
(a) legislation proposed hereunder other than regulations, the
Commonwealth Parliament,
(b) regulations, the Federal Executive Council including the
Governor-General, or
(c) orders or instruments under that legislation, the
Commonwealth Minister or his delegate;
"Commonwealth Act" means the Act of the Commonwealth Parliament
enacting the amendments referred to in sub-clause 6(1) to the
NRTC Act;
"Commonwealth Light Vehicle Transport Legislation" means the
legislation referred to in paragraph (a) of the definition of
Light Vehicle Transport Legislation;
"Commonwealth Minister" means the Commonwealth Minister
appointed under clause 11 of the Heavy Vehicles Agreement;
"Commonwealth Road Transport Legislation" means the legislation
referred to in paragraph (a) of the definition of Road Transport
Legislation;
"Emergency Order" means an Order of the kind made under sub-
clause 8(5);
"Financial Year" means a period of twelve months ending on a
thirtieth day of June or, where the relevant provision of this
Agreement is applicable during part only of any such period,
means the portion of the period during which the provision
applies;
"Federal Office of Road Safety" means that Division of the
Commonwealth Department of Transport and Communications or its
successor responsible for; the development and administration of
standards under the Motor Vehicle Standards Act 1989, vehicle
safety recalls, the development of national codes for traffic,
dangerous goods and explosives; research, public education and
national accident statistics;
"Heavy Vehicles Agreement" means the Agreement dated 30 July
1991 between the Commonwealth, all the States as defined therein
and the Australian Capital Territory;
"Light Vehicle" means a road vehicle other than a vehicle to
which the Heavy Vehicles Agreement applies;

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"Light Vehicle Transport" means the regime referred to
inRecital A, but does not include road charges and economic
regulation of the transport industry, e.g., Part VI of the
Transport Act 1983, as amended, of Victoria;
"Light Vehicle Transport Legislation" means:
(a) the Commonwealth legislation in relation to Light Vehicle
Transport applying in the Australian Capital Territory and the
Jervis Bay Territory, or
(b) the provisions of that Commonwealth legislation applied
pursuant to clause 8(1) by a Participating Party other than the
Commonwealth in either case extending to a Light Vehicle whilst
within the Australian Capital Territory, the Jervis Bay Territory
or the territory of such a Participating Party although they
emanate from a State or the Northern Territory that is not a
Participating Party;
"Ministerial Council" means the Ministerial Council established
by Part VI of the Heavy Vehicles Agreement as affected by this
Agreement;
"National Commission" means the National Road Transport
Commission established by the NRTC Act as hereafter amended from
time to time;
"Participating Party" means any Party, other than the
Australian Capital Territory, which has both secured the passage
or the making, of the legislation relevant in its case, provided
for by Part IV and caused that legislation to come into force;
"Road Transport" means:
(a) design, construction and use of Vehicles to which the Heavy
Vehicles Agreement applies including operating requirements as to
drivers' records, driving hours, and other matters in relation to
the drivers of those Vehicles,
(b) registration of those Vehicles and matters relating thereto
including the means by which any registration may be cancelled,
suspended or its operation affected,
(c) standards of driver licensing with respect to those
Vehicles and matters relating thereto including the means by
which any licence may be cancelled, suspended or its operation
affected,
(d) any provision of a traffic code, directed solely to the use
of those Vehicles, and
(e) nationally consistent Charging Principles and Road Charges
as defined in the Heavy Vehicles Agreement, but does not include
economic regulation of the transport industry, e.g., Part VI of
the Transport Act 1983, as amended, of Victoria;
"Road Transport Legislation" means:
(a) the Commonwealth Legislation in relation to Road Transport
applying in the Australian Capital Territory and the Jervis Bay
Territory; or
(b) the provisions of that Commonwealth legislation applied
pursuant to clause 8 of the Heavy Vehicles Agreement by a
Participating Party as defined therein other than the
Commonwealth;

in either case extending to Vehicles to which the Heavy Vehicles
Agreement applies whilst within the Australian Capital Territory,
the Jervis Bay Territory or the territory of such a Participating
Party although they emanate from either a State or the Northern
Territory that is not such a Participating Party;
"State and Territory Acts" means legislation as amended from
time to time consistent with this Agreement of the Parliament of
each Participating Party, other than the Commonwealth, that is
provided for by this Agreement,
"Vehicle to which the Heavy Vehicles Agreement applies" means a
road vehicle which has a manufacturer's rated gross vehicle mass
of more than 4.5 tonnes;
"Voting Member" means all members of the Ministerial Council;
"Zone" means:
(a) until replaced by another Zone or other Zones pursuant to
sub-clause 17(4), the area within Australia excluding the
external territories; or
(b) upon that area being replaced by other Zones pursuant to
sub-clause 17(4), those other Zones.
In this Agreement, unless a contrary intention appears or the
context otherwise requires:
(a) a reference to a Recital is a reference to the relevant
Recital of this Agreement;
(b) a reference to a Part is a reference to the relevant Part
of this Agreement;
(c) a reference to a clause, sub-clause or paragraph is a
reference to the relevant clause, sub-clause or paragraph of this
Agreement;
(d) words importing the singular shall include the plural and

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vice versa; and
(e) words importing any gender shall include each of the other
genders.
PART II - OPERATION OF AGREEMENT
4.(1) This Agreement shall come into force when it has been
executed by the Commonwealth and a majority of all the States, of
the Northern Territory and of the Australian Capital Territory.
(2) This Agreement may, after its coming into force, be
amended only by the unanimous decision of Parties and the
Australian Capital Territory.
PART III - ESTABLISHMENT OF SCHEME
5.(1) The Parties to this Agreement will, to the extent
necessary having regard to legislation in force pursuant to the
Heavy Vehicles Agreement, take such action as is provided for by
this Agreement, and as is otherwise requisite on their respective
parts, to achieve the objectives referred to in Recital C. by
initiating and operating the scheme of legislative and
administrative acts and procedures provided for by this
Agreement.
(2) Without limiting the provisions of sub-clause 5(1),
pending the coming into force of the Commonwealth legislation the
subject of clauses 6 and 7, the Parties to this Agreement are,
from the date this Agreement comes into force, as the opportunity
arises, to take such action as is available to them, including
that referred to in Part IX and the submission to their
respective Parliaments of legislation and the making of
regulations, to expedite the achievement of the principles and
objectives of this Agreement.
PART IV - INITIAL LEGISLATION
6.(1) The Commonwealth will, as soon as is practicable, submit
to the Commonwealth Parliament any amendments to the NRTC Act
which are required to enable that legislation to apply in
relation to Light Vehicle Transport.
(2) The Commonwealth shall only submit to the Commonwealth
Parliament any amendments referred to in sub-clause 6(1), which
have:
(a) been proposed by the National Commission;
(b) been submitted to the Ministerial Council for its
consideration for at least two months or such lesser period as
may be unanimously agreed by the Ministerial Council; and
(c) not been disapproved by the Ministerial Council within that
period.
(3) The legislation provided for by sub-clause 6(1) shall
confer on the National Commission such functions and powers as
will enable it, in conjunction with the functions and powers
which are conferred on it by the State and Territory Acts to
carry out its functions under, and in accordance with, this
Agreement.
7.(1) The Commonwealth shall ensure that there is included in
the legislation to be submitted to the Appropriate Authority
under clause 7 of the Heavy Vehicles Agreement or in legislation
amending that legislation, provisions of the Commonwealth Light
Vehicle Transport Legislation.
(2) The Commonwealth shall only submit to the Appropriate
Authority any provisions of the Commonwealth Light Vehicle
Transport Legislation, which have:
(a) been proposed by the National Commission;
(b) been submitted to the Ministerial Council for its
consideration for at least two months or such lesser period as
may be unanimously agreed by the Ministerial Council; and
(c) not been disapproved by the Ministerial Council within that
period.
(3) The Commonwealth Light Vehicle Transport Legislation
provided for by sub-clause 7(1) shall constitute substantive law
as to Light Vehicle Transport:
(a) in the Australian Capital Territory; and
(b) in the Jervis Bay Territory.

(4) The Commonwealth Act and the Commonwealth Light Vehicle
Transport Legislation submitted to the Appropriate Authority
shall be limited in the term of its application to the period of
operation of the NRTC Act.
8.(1) Each Party, other than the Commonwealth and the
Australian Capital Territory, will take such steps as are
appropriate to secure the passage or making, as the case may be,
of legislation which, as from the date on which the Commonwealth
Light Vehicle Transport Legislation comes into force and to the
extent necessary for the purposes of this Agreement, provides,
that:
(a) the existing light vehicle transport legislation of the
State or the Northern Territory shall be automatically repealed,

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amended or modified in operation to the extent necessary to avoid
conflict with the Commonwealth Light Vehicle Transport
Legislation and the Commonwealth Act;
(b) the provisions of the Commonwealth Light Vehicle Transport
Legislation, as amended from time to time, are automatically
applied as the law of that State or the Northern Territory, as
the case may be, in place of the legislation so repealed, amended
or modified in operation;
(c) the relevant Minister of each such Party may make
Application Orders and Emergency Orders; and
(d) there is conferred on the National Commission and the
Ministerial Council in relation to the State the functions and
powers respectively conferred on them by the Commonwealth Act.
(2) The Commonwealth will take such steps as are appropriate
to seek the passage of legislation authorising a Minister of the
Australian Capital Territory, or in the case of Jervis Bay
Territory, a Commonwealth Minister, to make Application Orders
and Emergency Orders.
(3) The relevant Minister of a Participating Party, the
Australian Capital Territory or of the Commonwealth, in the case
of the Jervis Bay Territory, shall only make an Application Order
which:
(a) has been recommended in relation to the territory of that
Participating Party, the Australian Capital Territory or Jervis
Bay Territory, as the case may be, by the National Commission;
and
(b) has not been disapproved by the Ministerial Council within
two months.
(4) A Participating Party, the Australian Capital Territory or
the Commonwealth in the case of Jervis Bay Territory shall make:
(a) any Emergency Order which the National Commission
recommends for that Party, the Australian Capital Territory, or
Jervis Bay Territory respectively; or
(b) any Application Order which the National Commission
recommends for that Party, the Australian Capital Territory, or
Jervis Bay Territory respectively and of which the Ministerial
Council does not so disapprove.
(5) If the National Commission considers, on being notified by
a Participating Party, the Australian Capital Territory or the
Commonwealth for Jervis Bay Territory, or on such other
information as it considers relevant, that there is a need for
urgent emergency measures relating to public health and safety or
the furtherance of some other public interest to be made then
without reference to the Ministerial Council, on the Commission
so making a recommendation, any Minister of a Participating Party
or the Australian Capital Territory may make an Emergency Order
to that effect. The making of the Emergency Order shall have the
effect of suspending or varying the operation of the Commonwealth
Light Vehicle Transport Legislation in relation to whichever of
that Party, the Australian Capital Territory or the Commonwealth,
in the case of Jervis Bay Territory, makes that Order.
(6) An Emergency Order is to continue for a period of six
months unless two months before the end of the six months period:
(a) the National Commission recommends; and
(b) before the end of the period the Ministerial Council does
not disapprove,the matter dealt with by that Order being dealt
with in the same manner in the Light Vehicle Transport
Legislation or in relation to a part of Australia in an
Application Order, in which case the Emergency Order shall
continue in force until the date on which that Legislation or
Application Order comes into force.
(7) An Emergency Order may be terminated by the Ministerial
Council at any time within the period referred to in sub-clause
8(6).
PART V - FUNCTIONS OF MINISTERIAL COUNCIL
9. The Ministerial Council established under the Heavy Vehicles
Agreement shall, having regard to the principles and objectives
stated in Recital C have as its functions hereunder to:
(a) consider policy questions relating to the Light Vehicle
Transport Legislation and any recommendations of the National
Commission not otherwise mentioned in this clause;
(b) refer any question to the National Commission for
consideration and report;
(c) consider whether to disapprove the text of Light Vehicle
Transport Legislation submitted to it by the National Commission;
(d) agree, pursuant to clause 23, the proportion of the Budget
of the National Commission to be borne by each Party;
(e) consider whether to disapprove the replacement of a Zone,
with other Zones recommended by the National Commission;
(f) oversee the administration by Participating Parties and

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the Australian Capital Territory of Light Vehicle Transport
Legislation;
(g) approve the guidelines for the preparation of regulatory
impact statements produced by the National Commission pursuant to
paragraph 17(1)(b);
(h) disapprove Application Orders;
(i) terminate Emergency Orders;
(j) approve under sub-clause 31(3) a way of interlinking the
operation of the Acts referred to in the sub-clause; and
(k) disapprove any recommendation of the National Commission
referred to in paragraph 31(2)(a).
PART VI - PROCEEDINGS OF MINISTERIAL COUNCIL
10.(1) Ordinary meetings of the Ministerial Council shall be
held at such times and places as are from time to time decided by
the Ministerial Council but, in any event, not less than once in
each calendar year.
(2) A special meeting of the Ministerial Council may be
convened by any member by giving 28 days (or such other shorter
period as may be accepted by all members for the purpose of the
meeting) notice in writing to all other members.
(3) A special meeting shall not, except with the agreement of
all members of the Ministerial Council, consider a matter which
has not been specified in, or at the time of, the notice of the
special meeting.
11. The quorum for consideration of a resolution at a meeting
of the Ministerial Council shall be that number of Voting Members
equal to the integer immediately above 50 percent of the total
number of Voting Members.
12.(1) The Chairperson of a meeting of the Ministerial Council
shall be decided by the Ministerial Council prior to or, if not
previously decided, at the meeting.
(2) At a meeting of the Ministerial Council the Chairperson
shall:
(a) in the case where the chairperson is a Voting Member, have
a deliberative, but not a casting, vote; and
(b) in all other cases, have no vote.
13. The Ministerial Council will carry a resolution by a simple
majority of Voting Members in favour of the resolution except in
relation to a matter referred to in paragraphs 6(2)(b) and
7(2)(b) and clause 23 where the vote of all Voting Members in
favour of the resolution shall cause the resolution to be
carried.
14. A resolution which, without being considered at a meeting
of the Ministerial Council, is referred to all Voting Members of
the Ministerial Council who indicate in writing, whether
transmitted by electronic or other means, to the National
Commission, that they are in favour, shall be as valid and
effective as if the resolution had been passed at a duly convened
meeting of the Ministerial Council.
15.(1) Subject to the provisions of sub-clauses 15(2), and
15(3), the Australian Local Government Association shall be
entitled to nominate in writing to the Chairperson of the
National Commission a person who shall be entitled to receive
notices of meetings of the Ministerial Council and to attend
meetings of the Ministerial Council as an observer but not as a
member.
(2) Upon receipt of the nomination referred to in sub-clause
15(1), the Chairperson of the National Commission shall advise in
writing each member for the time being of the Ministerial Council
of the person nominated.
(3) No meeting of the Ministerial Council shall be deemed to
be improperly held by reason of:
(a) there being no person nominated pursuant to sub-clause
15(1); or
(b) the person nominated pursuant to sub-clause 15(1) not
having been sent, or not having received, a notice of a meeting
of the Ministerial Council or not being in attendance at any
meeting of the Ministerial Council.
16. Subject to the previous provisions of this Part, the
Ministerial Council may determine its own procedure and for that
purpose may make rules of procedure, including rules relating to
notices of meetings and conduct of business at meetings, and may
from time to time alter such rules.
PART VII - NATIONAL ROAD TRANSPORT COMMISSION
17.(1) Subject to this Agreement and to the responsibility of
the States and the Territories for day-to-day administration,
having regard to the principles and objectives stated in the
Recitals, the functions of the National Commission shall be to
have and to exercise responsibility both for the policy
development in relation to Light Vehicle Transport and for

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overseeing the administration by Participating Parties and the
Australian Capital Territory of Light Vehicle Transport
Legislation and for the provision of information with respect to
such Legislation and the preparation and issuing of guidelines
and principles of administration to the Participating Parties and
the Australian Capital Territory, and the recommending to the
Ministerial Council of:
(a) the proposed Light Vehicle Transport Legislation;
(b) guidelines for the preparation of regulatory impact
statements concerning proposed Light Vehicle Transport
Legislation;
(c) one of the options set out in sub-clause 29(1);
(d) Application Orders;
(e) a way of interlinking the operation of the Acts referred
to in sub-clause 31(3), as developed by it and the Commonwealth;
and
(f) amendments to the Motor Vehicle Standards Act 1989;
and the recommending of Emergency Orders to the Participating
Parties and the Australian Capital Territory.

(2) The National Commission shall exercise in the following
manner its functions under this Agreement as to the matters
below:
(a) as a matter of priority to develop and/or maintain national
standards and associated codes of practice as appropriate in the
following areas:
(i) new vehicle safety, emission, noise and other technical
standards;
(ii) in-service vehicle safety, emission noise and other
standards;
(iii) roadworthiness performance standards;
(iv) driver capability criteria;
(v) the traffic code covering interaction and behaviour of
all road users;
(vi) the transport of dangerous goods;
(vii) vehicle registration and driver licensing information
exchange; and
(viii) integration of national data bases as they relate to
Light Vehicles.
(b) in addition,
(i) to assemble and publish comparative information on the
funding of roads and the taxes and road-related charges applying
to Light Vehicles;
(ii) assist in developing indicators for assessing the
performance of the road system, the efficiency and effectiveness
of road authorities (including the Commonwealth and those of
local government) in managing that system, collate the
information collected by those authorities, and publish
comparative assessments of the performance, of those road
authorities and of their road systems;
(iii) monitor the use of alternative fuels; and
(iv) assemble and publish information on road safety.
(c) to identify priorities and timetables for the following and
develop proposals for national regulation and associated codes of
practice as appropriate but only where significant net benefits
can be demonstrated:
(i) technical standards for new Light Vehicles not covered
by the Motor Vehicle Standards Act 1989;
(ii) standards for modification of Light Vehicles;
(iii) regulations regarding towed mass;
(iv) procedures and sanctions for unroadworthy vehicles;
(v) co-ordination of national road safety research and
public education relating to road safety;
(vi) enforcement and sanctions;
(vii) vehicle registration and driver licensing business
rules;
(viii) uniform vehicle registration and driver licensing
computer systems;
(ix) driver licensing requirements and performance standards
including driver and rider training;
(x) operator licensing requirements; and
(xi) other matters referred by the Ministerial Council.
(3) The National Commission in conjunction with the National
Environmental Protection Authority is to develop for Light
Vehicles national motor vehicle emission and noise standards.
(4) The National Commission may recommend the replacement of a
Zone for any purpose, with another Zone or other Zones and in the
case of any replacement Zone referred to if not disapproved by
the Ministerial Council within a period of at least two months or
any lesser period agreed by the Ministerial Council, shall
constitute a Zone for all members of the Ministerial Council

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whose territory in whole or part lies within that Zone until any
further recommendation, not so disapproved, is made.
(5) To assist the National Commission in discharging the
responsibilities set out in sub-clauses 17(1), 17(2) and 17(3)
the National Commission shall consult with interested persons and
may, from time to time, appoint committees. The number of members
of, manner of appointment to and removal from, and terms and
conditions of appointment to such committees, are to be
determined by the National Commission.
(6) Proposed Commonwealth Light Vehicle Transport Legislation
submitted to the Ministerial Council shall be accompanied by a
regulatory impact statement.
(7) The National Commission shall prepare regulatory impact
statements.
(8) The National Commission shall report within three months
after the expiry of each Financial Year to the Commonwealth
Parliament on the administration and enforcement by the
Participating Parties and the Australian Capital Territory of the
Light Vehicle Transport Legislation.
PART VIII - STATE AND TERRITORY ADMINISTRATIONS
18. The administration of Commonwealth Light Vehicle Transport
Legislation within the Australian Capital Territory and Jervis
Bay Territory and within the Territory of each Participating
Party which applies the Commonwealth Light Vehicle Transport
Legislation in accordance with the scheme established under this
Agreement shall, to the maximum extent practicable, be carried
out by the entities and personnel of the administration of the
relevant Participating Party or the Australian Capital Territory,
and the Commonwealth, as the case may be, but the National
Commission shall oversee in accordance with clause 17, those
entities in the performance of those functions.
19. The exercise by the National Commission of responsibility
for the administration of Light Vehicle Transport Legislation
shall not extend to matters relating to:
(a) the Australian Public Service;
(b) the Public Service of a State or Territory;
(c) the management and provision of facilities or services or
both of Commonwealth, State or Territory administrations; or
(d) any functions of Commonwealth, State or Territory
administration that are not included within the scope of
operation of the scheme established under this Agreement.
20. Members of the Ministerial Council or their delegates shall
be entitled to be notified of, and to be given information
concerning, any matter being dealt with by the National
Commission and shall have the right to refer any matter arising
out of, or in connection with, their responsibilities directly to
the National Commission for consideration.
21. Each Participating Party and the Australian Capital
Territory will provide the funds and other resources necessary
for its administration to carry out the functions of that
administration in accordance with the scheme established under
this Agreement.
PART IX - INTERIM ARRANGEMENTS
22.(1) As soon as practicable after this Agreement comes into
force, Heads of Government agree to direct the representatives of
their Governments on the Ministerial Council to act so that the
functions and powers referred to in paragraphs 8(1)(e) and (f) of
the NRTC Act are so conferred and expressed to be conferred
pending the amendment to that Act referred to in this Agreement
to enable that Commission to exercise its powers in relation to
this Agreement.
PART X - FUNDING OF NATIONAL COMMISSION
23. The funds required for the functioning of the National
Commission shall be provided by the Parties in such shares as may
be agreed unanimously by the Ministerial Council provided that
if, after the commencement of the legislation referred to in sub-
clause 8(1), the Ministerial Council unanimously agrees that the
Parties who are not then Participating Parties will not so become
within a reasonable time then any of those Parties may, while
they continue to fail to so become, cease to provide funds should
they wish to so do.
24. The Participating Parties and the Australian Capital
Territory shall take all practicable measures to ensure that any
increase in the level of the National Commission's expenditure
brought about by an increase in staff or by extension of its
functions will result in a combined saving in aggregate of the
costs previously incurred by the Participating Parties and the
Australian Capital Territory in respect of those functions
conferred on the National Commission by Commonwealth legislation
of at least twice the amount of that increase incurred by the

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National Commission.

PART XI - AMENDMENT OF LEGISLATION
25.(1) The Commonwealth will not:
(a) submit to the Commonwealth Parliament any Bill to amend the
Commonwealth Act; or
(b) cause to be submitted to the Appropriate Authority any
proposed legislation which would amend the Light Vehicles
Transport Legislation, unless the amendment which will be made by
the Bill or by the proposed legislation, as the case may be, has
been recommended by the National Commission and, having been
submitted to the Ministerial Council for its consideration for at
least two months, has not been disapproved within that period by
the Ministerial Council.
(2) If any proposed amendment to legislation is not
disapproved by the Ministerial Council, the Commonwealth will
submit that proposed amendment to the Appropriate Authority and
take such steps as are appropriate to secure its enactment or
making.
26. A State or the Northern Territory will not submit to its
Parliament legislation or take action for the making of
regulations;
(a) which will, upon coming into force, conflict with the
legislation referred to in clause 8; or
(b) concerning interstate trade or commerce in relation to
Light Vehicle Transport without first consulting the National
Commission.
PART XII - ADMINISTRATIVE AND LIKE LAWS
27. Each Participating Party, other than the Commonwealth,
shall do all that is practicable to ensure that its legislation
if any, relating to the review of administrative decisions,
review by an Ombudsman, privacy, freedom of information and
archives applies to decisions made by the administration of that
Participating Party.
PART XIII - DISPUTE RESOLUTION
28.(1) Should the National Commission resolve that a
Participating Party or the Australian Capital Territory is acting
contrary to, or failing to otherwise comply with, a provision of
this Agreement or there is a failure to pass legislation required
to be passed through its Parliament, then it shall inform the
relevant member of the Ministerial Council representing that
Party of its resolution and of its intention to refer the matter
to the Ministerial Council unless the alleged act or failure is
remedied or satisfactorily explained.
(2) If the matter is not settled, the National Commission
shall inform the member of the Ministerial Council representing
such Participating Party that it is referring the matter to the
Ministerial Council to determine whether further action should be
taken including fixing of a further period within which the
matter shall be remedied by the Participating Party.
(3) If the matter is not remedied to the satisfaction of the
Ministerial Council within the period referred to in sub-clause
28(2) then the matter may be referred by the Ministerial Council
to the next Premiers' Conference or equivalent Conference for
resolution.

PART XIV - REVIEW
29.(1) Six months before the first or any subsequent expiry of
the Commonwealth Act and the Commonwealth Light Vehicle Transport
Legislation, the National Commission shall have completed a
review of such legislation and have recommended to the Heads of
Government of the Participating Parties and the Australian
Capital Territory whether the legislation should:
(a) be allowed to expire;
(b) be re-enacted or re-made for a further period of six years
or a lesser period in its existing form; or
(c) be re-enacted or re-made in a modified form.
(2) Those Heads of Government shall make their decision on any
recommendation as to either the Commonwealth Act or the
Commonwealth Light Vehicle Transport Legislation made to them
pursuant to sub-clause 29(1) by majority vote and if the decision
is in relation to paragraphs (b) and (c) of sub-clause 29(1) take
all practicable steps to ensure re-enactment or re-making before
the expiry of that Legislation.
(3) The Heads of Government may at any time before the expiry
of the NRTC Act review the operation of the Light Vehicle
Transport Legislation and if they unanimously resolve to
terminate that Legislation and this Agreement, do all that is
practicable to terminate them.
PART XV - ACCESSION
30.(1) Any State or the Northern Territory, not being a Party
to this Agreement, may elect to so become by notice in writing to

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the other Parties and shall thereafter be bound by the provisions
of this Agreement.
(2) Any Party to this Agreement, not being a Participating
Party, may so become by the passage or making of legislation of
the kind referred to in clause 8.
PART XVI - MOTOR VEHICLE STANDARDS ACT 1989
31.(1) Save to the extent required by sub-clause (2), this
Agreement is not to extend to any matter the subject of the Motor
Vehicle Standards Act 1989, an Act of the Commonwealth
Parliament.
(2) No later than the taking of the steps referred to in
clause 8 by the Parties, the Commonwealth undertakes to:
(a) take all practicable steps to amend the Motor Vehicle
Standards Act 1989 in any respect which the National Commission
recommends, being a recommendation not disapproved by a majority
of all the persons who are members of the Ministerial Council
within two months after that recommendation;
(b) adopt as the standards relating to Light Vehicles those
recommended by the National Commission and not disapproved or
varied by the majority, and within the period, referred to in
paragraph (a); and
(c) develop and enter into a Memorandum of Understanding with
the National Commission on the role of the Federal Office of Road
Safety.
(3) On all the States and the Northern Territory securing
passage of the legislation referred to in clause 8, the
Commonwealth will within six months thereafter develop in
consultation with the National Commission for approval by the
Ministerial Council a way of interlinking the operation of the
Commonwealth Light Vehicle Transport Legislation and the Motor
Vehicle Standards Act 1989.
PART XVII - AMENDMENTS TO HEAVY VEHICLES AGREEMENT
32.(1) The Parties agree that:
(a) the word "Participating" in Recitals G(e) and in sub-
clauses 4(2) and 39(1); and
(b) the words "until 30 June 1992 and thereafter by the
Participating Parties and the Australian Capital Territory" in
Clause 31, of the Heavy Vehicles Agreement are to be deemed to
have never been included in that Agreement.
(2) Clause 35 of the Heavy Vehicles Agreement is amended by
deleting all words after "regulations" and adding the following:
"(a) which will, upon coming into force, conflict with the
legislation referred to in clause 8; or
(b) concerning interstate trade or commerce in relation to Road
Transport without first consulting the National Commission."
(3) Clause 31 of the Heavy Vehicles Agreement is amended by
adding the words "provided that if, after the commencement of the
Legislation referred to in sub-clause 8(1), the Ministerial
Council unanimously agrees that the Parties who are not then
Participating Parties will not so become within a reasonable
time, then any of those Parties may, while they continue to fail
to so become, cease to provide funds should they wish to so do".
IN WITNESS WHEREOF this Agreement has been respectively signed
for and on behalf of the Parties as at the day and year first
above written.
SIGNED by the Honourable
PAUL JOHN KEATING, Prime Minister
of the Commonwealth of Australia,
in the presence of - PAUL KEATING
R. T. PERRY
(SIGNED by the Honourable
NICHOLAS FRANK GREINER, Premier
of the State of New South Wales,
in the presence of - NICK GREINER
R. T. PERRY
(SIGNED by the Honourable
JOAN ELIZABETH KIRNER, Premier
of the State of Victoria,
in the presence of - JOAN KIRNER
R. T. PERRY
(SIGNED by the Honourable
WAYNE KEITH GOSS, Premier
of the State of Queensland,
in the presence of - WAYNE GOSS
R. T. PERRY
(SIGNED by the Honourable
JOHN CHARLES BANNON, Premier
of the State of South Australia,
in the presence of - JOHN BANNON
R. T. PERRY
SIGNED(SIGNED by the Honourable
MARSHALL BRUCE PERRON,
Chief Minister of the
Northern Territory of
Australia, in the presence of - M. PERRON
R. T. PERRY
(SIGNED by ROSEMARY FOLLETT,
Chief Minister of the
Australian Capital Territory,
in the presence of - ROSEMARY FOLLETT
R. T. PERRY".