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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. 51 of 1995
Registered 27 Nov 2009
Start Date 01 Jul 1995
End Date 16 Jun 1998
Date of repeal 01 Jul 2019
Repealed by Interstate Road Transport Legislation (Repeal) Act 2018

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985
- Updated as at 25 July 1995
!!! The following amendment (No. 44, 1998) has not been incorporated.
A new consolidation is in preparation. (26 June 1998)

#DATE 25:7:1995

*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 Number Date of Date of Application, saving or
and year notification commencement transitional provisions
in Gazette
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)
Interstate Road Transport Charge Amendment Act 1995
51, 1995 23 June 1995 1 July 1995 -
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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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
rs. No. 51, 1995
S. 6 rep. No. 129, 1991
ad. No. 51, 1995
S. 7 am. No. 51, 1995
Schedule ad. No. 51, 1995
#ADD 4:8:1995

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interstate Road Transport Act
4. Imposition of charge
5. Amount of charge
6. Alteration of amounts specified in the Schedule
7. Regulations
SCHEDULE

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 referred to in Part 2 of the Schedule in relation to a year commencing on 1 July 1995 and subsequent years is the amount applicable to motor vehicles or trailers of that kind under the Schedule.


(2) If a motor vehicle or trailer falls within 2 or more categories specified in the table in Part 2 of the Schedule, the registration charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 6
Alteration of amounts specified in the Schedule

SECT

6. The regulations may alter the amounts specified in the Schedule in relation to a year, but any alteration in relation to a year must not increase or decrease the amounts applicable to the previous year by more than 5%.

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SECT 7
Regulations

SECT

7. The Governor-General may make regulations for the purposes of subsection 4 (2) and section 6.

INTERSTATE ROAD TRANSPORT CHARGE ACT 1985 - SCHEDULE

SCH

SCHEDULE Sections 5 and 6
PART 1 - INTERPRETATION
1. In this Schedule:
"articulated bus" means a bus consisting of more than one rigid section
with passenger access between the sections and the sections connected to
one another so as to allow rotary movement between the sections;
"axle" means the axis of rotation of a row of tyres across a vehicle;
"axle group" means one axle or consecutive axles connected by a load
sharing suspension system or steering mechanism;
"bus" means a motor vehicle principally constructed to carry more than
12 seated adult persons;
"bus (type 1)" means a rigid bus that has 2 axles and an MRC not
exceeding 12 tonnes;
"bus (type 2)" means:
(a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or
(b) a rigid bus that has 3 axles;
"dog trailer" means a trailer that has 2 axle groups of which the front
axle group is steered by connection to the hauling motor vehicle or
trailer;
"dolly" means a specially designed pig trailer used to convert a semi
trailer into a dog trailer;
"load carrying vehicle" means a motor vehicle or trailer designed and
constructed to haul or carry goods and wares in addition to any fuel,
water, lubricants, tools and any other equipment or accessories
necessary for normal operation of the vehicle;
"long combination prime mover (type 1)" means a prime mover nominated to
haul 2 trailers, but does not include a medium combination prime mover;
"long combination prime mover (type 2)" means a prime mover nominated to
haul more than 2 trailers;
"long combination truck" means a truck nominated to haul 2 or more
trailers;
"medium combination prime mover" means a prime mover nominated to haul 2
semi trailers where the second semi trailer is mounted on the rear of
the semi trailer being hauled by the prime mover (a B-double prime
mover);
"medium combination truck" means a truck nominated to haul one trailer
where the combination has more than 6 axles;
"nominated" means nominated by the person applying for registration;
"operating mass", in relation to a vehicle, means the maximum mass of
the vehicle, including any load, as determined by the Registration
Authority having regard to the design and construction of the vehicle or
of any of its components;
"pig trailer" means a trailer with one axle group near the middle of its
load carrying surface and connected to the towing vehicle by a drawbar;
"pole type trailer" means a trailer that is attached to a towing vehicle
by a pole or an attachment fitted to a pole and that is used for
transporting loads such as logs, pipes, structural members or other
things that are capable of supporting themselves as beams between
supporting connections;
"prime mover" means a motor vehicle designed to haul a semi trailer;
"Registration Authority" means the authority of a State or Territory
that is responsible for registering vehicles;
"semi trailer" means a trailer that has:
(a) one axle group towards the rear; and
(b) a means of attachment to a prime mover that results in some of the
load being imposed on the prime mover;
and includes a pole type trailer;
"short combination prime mover" means a prime mover nominated to haul
one semi trailer;
"short combination truck" means a truck nominated to haul one trailer;
"truck" means a rigid motor vehicle that is principally constructed as a
load carrying vehicle;
"truck (type 1)" means a truck that:
(a) has 2 axles and an MRC not exceeding 12 tonnes; or
(b) has 3 axles and an MRC not exceeding 16.5 tonnes; or
(c) has 4 or more axles and an MRC not exceeding 20 tonnes;
"truck (type 2)" means:
(a) a truck that has 2 axles and an MRC exceeding 12 tonnes; or
(b) a truck that has 3 axles and an MRC exceeding 16.5 tonnes; or
(c) a truck that has 4 or more axles and an MRC exceeding 20 tonnes.
2. For the purposes of this Schedule:
(a) 2 axles not more than one metre apart are to be regarded as one
axle; and
(b) 3 axles not more than 2 metres apart are to be regarded as 2 axles;
and
(c) 4 axles not more than 3.2 metres apart are to be regarded as 3
axles.
3. For the purposes of determining the number of trailers that a prime
mover or truck may tow for the purposes of this Schedule, a dolly and a
semi trailer when used together are to be regarded as one trailer.
4. Nothing in this Schedule applies to a vehicle with an MRC less than
or equal to 4.5 tonnes.
PART 2 - REGISTRATION CHARGES
DIVISION 1 - LOAD CARRYING VEHICLES
Vehicle Type 2-axle 3-axle 4-axle 5-axle
Trucks
. Truck (type 1) $300 $600 $900 $900
. Truck (type 2) $500 $800 $2,000 $2,000
. Short combination truck $600 $2,100 $2,100 $2,100
. Medium combination truck $4,000 $4,000 $4,250 $4,250
. Long combination truck $5,250 $5,250 $5,250 $5,250
Prime Movers
. Short combination prime mover $800 $3,250 $4,250 $4,250
. Medium combination prime mover $3,250 $4,250 $4,500 $4,500
(B-double prime mover
. Long combination prime mover $4,750 $4,750 $4,750 $4,750
(type 1)
. Long combination prime mover $5,250 $5,250 $5,500 $5,500
(type 2)
DIVISION 2 - LOAD CARRYING TRAILERS
The amount worked out using the formula:
$250 x Number of axles
DIVISION 3 - BUSES
Bus Type 2-axle 3-axle
. Bus (type 1) $300 -
. Bus (type 2) $500 $1,250
. Articulated bus -< $500