Federal Register of Legislation - Australian Government

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Interstate Road Transport Charge Act 1985

Act No. 131 of 1985 as amended, taking into account amendments up to Act No. 129 of 1991
Registered 27 Nov 2009
Start Date 15 Nov 1991
End Date 30 Jun 1995
Date of repeal 01 Jul 2019
Repealed by Interstate Road Transport Legislation (Repeal) Act 2018

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985
- Updated as at 30 November 1993 (HISTACT CHAP 1738 #DATE 30:11:1993)

*1* The Interstate Road Transport Charge Act 1985 as shown in this reprint comprises Act No. 131, 1985 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
year transitional
provisions
Interstate Road Transport Charge Act 1985
131, 1985 22 Nov 1985 Ss. 1 and 2: Royal Assent
Remainder: 1 Jan 1987 (see
s. 3 (2), (3) and
Gazette 1986, No. S661)
Interstate Road Transport Charge Amendment Act 1988
40, 1988 3 June 1988 1 July 1988 -
Interstate Road Transport Charge Amendment Act 1991
129, 1991 2 Sept 1991 15 Nov 1991 (see Gazette
1991, No. S304) -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 5 am. No. 40, 1988; No. 129, 1991
S. 6 rep. No. 129, 1991

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - LONG TITLE

SECT

An Act to impose a charge by way of or in the nature of a tax
in respect of the registration of a motor vehicle or trailer
under the Interstate Road Transport Act 1985

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 1
Short title

SECT

1. This Act may be cited as the Interstate Road Transport Charge Act 1985.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 2
Commencement

SECT

2.*1* (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Subsection 3 (2) shall come into operation on the day on which section 5 of the Interstate Road Transport Act 1985 comes into operation.

(3) The remaining provisions of this Act shall come into operation on the day on which Part III of the Interstate Road Transport Act 1985 comes into operation. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 3
Interstate Road Transport Act

SECT

3. (1) The Interstate Road Transport Act 1985 is incorporated and shall be read as one with this Act.

(2) Section 5 of the Interstate Road Transport Act 1985 applies in relation to this Act in like manner as it applies in relation to Parts II and III of that Act.

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 4
Imposition of charge

SECT

4. (1) Subject to subsection (2), a charge is imposed on the registration of a motor vehicle or trailer.

(2) Subsection (1) does not apply to motor vehicles or trailers, or motor vehicles or trailers included in a class of motor vehicles or trailers, that are exempt from charge under the regulations.

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 5
Amount of charge

SECT

5. (1) The amount of charge in respect of the registration of a motor vehicle or trailer is:
(a) in the case of a motor vehicle or trailer in relation to which a nomination has been accepted under subsection 15 (4) of the Interstate Road Transport Act 1985 - the actual distance amount in relation to the motor vehicle or trailer; or
(b) in any other case, an amount equal to:
(i) if the registration is for a period of one year - the imputed
distance amount in relation to the motor vehicle or trailer; or
(ii) if the registration is for a period of less than one year -
an amount calculated in accordance with the formula
AB
C,
where:
A is the imputed distance amount in relation to the motor vehicle or trailer;
B is the number of whole days in the period that is applicable to the registration under subsection 9 (3) of the Interstate Road Transport Act 1985; and
C is 365.

(2) For the purposes of this Act and the Interstate Road Transport Act 1985:
(a) the actual distance amount in relation to a registered motor vehicle or trailer is such amount as is ascertained in accordance with the regulations under this Act by reference to:
(i) the distance travelled by the motor vehicle or trailer during
the period the registration was in force as measured by an appropriate charge monitoring device fitted to the motor vehicle or trailer; and
(ii) any other matter or thing relating to the design or use of a
class of motor vehicles or trailers in which the motor vehicle or trailer is included that is capable of affecting damage done to roads; and
(b) the imputed distance amount in relation to a registered motor vehicle or trailer is such amount as is ascertained in accordance with the regulations under this Act by reference to:
(i) the distance that, under the regulations under this Act, is
fixed as the imputed distance in relation to a class of motor vehicles or trailers in which the motor vehicle or trailer is included; and
(ii) any other matter or thing relating to the design or use of a
class of motor vehicles or trailers in which the motor vehicle or trailer is included that is capable of affecting damage done to roads.

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 7
Regulations

SECT

7. The Governor-General may make regulations for the purposes of subsections 4 (2) and 5 (2).