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Interstate Road Transport Amendment Act 1995

  • - C2004A04903
  • No longer in force
Act No. 50 of 1995 as made
An Act to amend the Interstate Road Transport Act 1985
Administered by: DOTARS
Date of Assent 23 Jun 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50, 1995

Making Information
- Assented to 23 June 1995

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50 of 1995 - LONG TITLE

An Act to amend the Interstate Road Transport Act 1985

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50 of 1995 - SECT 1
Short title etc.

1.(1) This Act may be cited as the Interstate Road Transport Amendment Act 1995.


(2) In this Act, "Principal Act" means the Interstate Road Transport Act 1985*1*.


(Minister's second reading speech made in-
House of Representatives on 11 May 1995
Senate on 29 May 1995)
*1* No. 130, 1985, as amended. For previous amendments, see Nos. 76 and 168, 1986, Nos. 39 and 99, 1988; No. 29, 1989; No. 23, 1990; No. 128, 1991; and No. 5, 1994.

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50 of 1995 - SECT 2
Commencement

2. This Act commences at the commencement of the Interstate Road Transport Charge Amendment Act 1995.

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50 of 1995 - SECT 3
Amendments

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

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50 of 1995 - SCHEDULE 1

SCHEDULE Section 3
AMENDMENTS OF THE INTERSTATE ROAD TRANSPORT ACT 1985
1. Subsection 3(1) (definition of "vehicle"):
Omit the definition, substitute:
" '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. Subsection 3(1) (definitions of "charge monitoring device",
"motor vehicle charge monitoring device" and "trailer charge
monitoring device"):
Omit the definitions.
3. Subsection 3(1):
Insert:
" '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;
'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;".
4. Subparagraphs 9(1)(b)(i) and (ii):
Omit the subparagraphs, substitute:
"(i) the whole of the charge in respect of the registration of
the motor vehicle or trailer;".
5. Paragraphs 11(1)(f) and (g):
Omit the paragraphs, substitute:
"(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.".
6. Paragraphs 11(2)(ca) and (cb):
Omit the paragraphs, substitute:
"(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;".
7. Section 14:
Repeal the section, substitute:
By whom charge payable
"14. 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.".
8. Section 16:
Repeal the section, substitute:
When charge due and payable
"16. 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.".
9. Sections 15, 17 and 17A:
Repeal the sections.
10. Section 18:
Repeal the section, substitute:
Refund of charge on cancellation or surrender
"18. 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:
AB
C
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).".
11. Section 20:
Repeal the section, substitute:
Recovery of charge
"20. Charge payable to the Commonwealth may be recovered as a
debt due to the Commonwealth.".
12. Subsections 36(2), (3), (4) and (5):
Omit the subsections.
13. Section 38:
Omit "and the Interstate Road Transport Charge Act 1985".
14. Subsection 39(1):
Omit the subsection, substitute:
"(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 (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.".
15. Subsection 39(2):
Omit "(g)", substitute "(e)".
16. Section 40:
Repeal the section, substitute:
Offences relating to monitoring devices
"40. If a registered motor vehicle is fitted with a standard
monitoring device, a person must not, during the period the
registration is in force:
(a) destroy the monitoring device; or
(b) damage, injure, manipulate or tamper or interfere with the
monitoring device in such a way as to hinder the normal operation
of the monitoring device; or
(c) use or operate the monitoring device in such a way as to
hinder the normal operation of the device; or
(d) except as permitted by regulations made for the purposes of
section 39, remove the monitoring device.
Penalty: 10 penalty units.".