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Interstate Road Transport Charge Act 1985

Authoritative Version
Act No. 131 of 1985 as amended, taking into account amendments up to Acts Interpretation Amendment Act 2011
An Act to impose a charge by way of or in the nature of a tax in respect of the registration of a vehicle under the Interstate Road Transport Act 1985
Administered by: Infrastructure and Regional Development
Registered 19 Mar 2012
Start Date 27 Dec 2011
Table of contents.

Interstate Road Transport Charge Act 1985

Act No. 131 of 1985 as amended

This compilation was prepared on 16 March 2012
taking into account amendments up to Act No. 46 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

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

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interstate Road Transport Act............................................................. 1

3A......... Definitions.......................................................................................... 1

3B......... Close‑spaced axles.............................................................................. 6

3C......... Determination of number of trailers.................................................... 6

4............ Imposition of charge........................................................................... 6

5............ Amount of charge............................................................................... 7

7............ Regulations......................................................................................... 8

Notes                                                                                                                                               9


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

 

 

1  Short title [see Note 1]

                   This Act may be cited as the Interstate Road Transport Charge Act 1985.

2  Commencement [see Note 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.

3  Interstate Road Transport Act

             (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.

3A  Definitions

                   In this Act:

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.

Australian Transport Council has the meaning given by section 4 of the National Transport Commission Act 2003.

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group, twinsteer axle group, tri‑axle group or quad‑axle group.

B‑double combination means a combination consisting of a prime mover towing 2 semi trailers.

B‑double lead trailer means a semi trailer that is nominated for use as the lead trailer in a B‑double combination.

B‑triple combination means a combination consisting of a prime mover towing 3 semi trailers.

B‑triple lead trailer means a semi trailer that is nominated for use as the lead trailer in a B‑triple combination.

B‑triple middle trailer means a semi trailer that is nominated for use as the second trailer in a B‑triple combination.

bus means a motor vehicle, built mainly to carry people, that seats more than 9 adults (including the driver).

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 or 4 axles.

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.

converter dolly means a trailer with a fifth wheel coupling designed to support a semi trailer for hauling purposes.

dog trailer means a trailer with:

                     (a)  a single axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

                     (b)  a single axle group or single axle at the rear.

drawbar means a part of a trailer (other than a semi trailer) that connects the trailer body to a coupling for towing purposes.

driver means the person driving or in control of a motor vehicle.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi trailer), used with a prime mover, semi trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

lead trailer, in a combination, means the trailer that is, or that is to be, attached to the prime mover.

load carrying vehicle means a vehicle 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.

loaded mass, in relation to a vehicle, means the sum of the mass of the vehicle and the mass of the load on the vehicle that is imposed on the surface on which the vehicle is standing or running.

long combination truck means a truck nominated to haul 2 or more trailers.

low loader means a gooseneck semi trailer with a loading deck no more than one metre above the ground.

low loader dolly means a mass‑distributing device that:

                     (a)  is usually coupled between a prime mover and low loader; and

                     (b)  consists of a gooseneck rigid frame; and

                     (c)  does not directly carry any load on itself; and

                     (d)  is equipped with one or more axles, a kingpin and a fifth wheel coupling.

medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer.

MRC (short for 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 Gross Vehicle Mass, Gross Trailer Mass Rating or Aggregate Trailer Mass of the vehicle; or

                     (b)  in relation to a vehicle for which there is no compliance plate—its operating mass.

multi‑combination prime mover means a prime mover nominated to haul 2 or more trailers.

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 a single axle group or single axle near the middle of its load‑carrying surface, and connected to the towing vehicle by a drawbar.

pole type trailer means a trailer that:

                     (a)  is attached to a towing vehicle by means of a pole or an attachment fitted to a pole; and

                     (b)  is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports.

prime mover means a motor vehicle designed to haul a semi trailer.

quad‑axle group means a group of 4 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

Registration Authority means the authority that is responsible for registering vehicles.

semi trailer means a trailer (including a pole type trailer) that has:

                     (a)  a single axle group or single axle towards the rear; and

                     (b)  a means of attachment to a prime mover or a converter dolly that results in some of the load being imposed on the prime mover, or the converter dolly, as the case may be.

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 where, according to the nomination:

                     (a)  the combination has 6 axles or fewer; and

                     (b)  the maximum total mass that is legally allowable for the combination is 42.5 tonnes or less.

single axle means an axle not forming part of an axle group.

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre‑lines of the outermost axles is less than one metre.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre‑lines of the outermost axles is at least one metre but not more than 2 metres.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

tri‑axle group means a group of at least 3 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 2 metres, but not more than 3.2 metres.

truck means a rigid motor vehicle that is principally constructed as a load carrying vehicle.

truck (type 1) means a truck that has:

                     (a)  2 axles and an MRC not exceeding 12 tonnes; or

                     (b)  3 axles and an MRC not exceeding 16.5 tonnes; or

                     (c)  4 or more axles and an MRC not exceeding 20 tonnes.

truck (type 2) means a truck that has:

                     (a)  2 axles and an MRC exceeding 12 tonnes; or

                     (b)  3 axles and an MRC exceeding 16.5 tonnes; or

                     (c)  4 or more axles and an MRC exceeding 20 tonnes.

twinsteer axle group means a group of 2 axles:

                     (a)  with single tyres; and

                     (b)  fitted to a motor vehicle; and

                     (c)  connected to the same steering mechanism; and

                     (d)  the horizontal distance between the centre‑lines of which is at least one metre, but not more than 2 metres.

vehicle includes a trailer.

3B  Close‑spaced axles

             (1)  For the purposes of this Act (other than the definitions of single axle group, tandem axle group, twinsteer axle group, tri‑axle group and quad‑axle group):

                     (a)  2 axles less 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.

             (2)  A reference to a distance in subsection (1) is a reference to the horizontal distance between the centre‑lines of:

                     (a)  in the case of paragraph (1)(a)—the 2 axles; and

                     (b)  in any other case—the outermost axles.

3C  Determination of number of trailers

             (1)  For the purposes of determining the number of trailers that a prime mover or truck is nominated to haul:

                     (a)  a converter dolly and a semi trailer when used together are to be regarded as one trailer; and

                     (b)  a low loader dolly and a low loader when used together are to be regarded as one trailer.

             (2)  To avoid doubt, nothing in this section affects a requirement that a separate annual registration charge be paid for each converter dolly or low loader dolly and for each semi trailer.

4  Imposition of charge

             (1)  Subject to subsections (2) and (3), a charge is imposed on the registration of a vehicle in a category mentioned in subsection (1A).

          (1A)  For the purposes of subsection (1), a charge is payable in relation to the registration of the following categories of vehicle:

                     (a)  a truck (type 1);

                     (b)  a truck (type 2);

                     (c)  a short combination truck;

                     (d)  a medium combination truck;

                     (e)  a long combination truck;

                      (f)  a short combination prime mover;

                     (g)  a multi‑combination prime mover;

                     (h)  a pig trailer;

                      (i)  a dog trailer;

                      (j)  a semi trailer;

                     (k)  a B‑double lead trailer;

                      (l)  a B‑triple lead trailer;

                    (m)  a B‑triple middle trailer;

                     (n)  a converter dolly;

                     (o)  a low loader dolly;

                     (p)  a bus (type 1);

                     (q)  a bus (type 2);

                      (r)  an articulated bus.

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

             (3)  Subsection (1) does not apply to vehicles that have an MRC of less than or equal to 4.5 tonnes.

5  Amount of charge

             (1)  The amount of charge in respect of the registration of a vehicle in a category referred to in subsection 4(1A) is the amount applicable under subsection (2) or (4), as the case may be.

             (2)  If the registration is for a full year, the amount of the charge is the amount for vehicles in that category in relation to the financial year in which the registration comes into force.

Note:          For the definition of financial year, see section 2B of the Acts Interpretation Act 1901.

             (3)  For the purposes of subsection (2), the amount of the charge is the amount worked out in accordance with regulations made for the purposes of this section.

             (4)  If the registration is for less than a full year, the amount of the charge is the amount worked out using the formula:

where:

charge for one year means the amount that would be the charge in respect of the registration under subsection (2).

period of registration means the number of days in the period of the registration.

             (5)  If a vehicle falls within 2 or more categories of vehicle under subsection 4(1A), the charge in respect of the registration of the vehicle is the higher or highest of the charges that could apply in respect of that registration of that vehicle.

7  Regulations

                   The Governor‑General may make regulations for the purposes of subsection 4(2) and section 5.


Notes to the Interstate Road Transport Charge Act 1985

Note 1

The Interstate Road Transport Charge Act 1985 as shown in this compilation comprises Act No. 131, 1985 amended as indicated in the Tables below.

The Interstate Road Transport Charge Act 1985 was amended by the Interstate Road Transport Charge Regulations 2001 (SR 2001 No. 212). The amendments are incorporated in this compilation.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or 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)

Interstate Road Transport Charge Amendment Act 1995

51, 1995

23 June 1995

1 July 1995

Interstate Road Transport Charge Amendment Act 1998

44, 1998

17 June 1998

17 June 1998

Interstate Road Transport Charge Amendment Act 2000

41, 2000

3 May 2000

1 July 2000 (see Gazette 2000, No. S303)

Sch. 1 (item 34)

Interstate Road Transport Charge Amendment Act 2002

18, 2002

4 Apr 2002

4 Apr 2002

Interstate Road Transport Charge Amendment Act (No. 2) 2008

147, 2008

11 Dec 2008

Schedule 1: 12 Feb 2009 (see F2009L00278)
Remainder: Royal Assent

Sch. 1 (item 10)

Interstate Road Transport Charge Amendment Act 2010

57, 2010

23 June 2010

23 June 2010

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (item 742) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Title......................................

am. No. 147, 2008

Ss. 3A–3C............................

ad. No. 147, 2008

S. 4.......................................

am. No. 41, 2000; No. 147, 2008

S. 5.......................................

am. No. 40, 1988; No. 129, 1991

 

rs. No. 51, 1995

 

am. No. 44, 1998; No. 41, 2000

 

rs. No. 147, 2008

 

am. No. 57, 2010

Note to s. 5(2)......................

am. No. 46, 2011

S. 5A.....................................

ad. No. 18, 2002

 

rep. No. 147, 2008

S. 6.......................................

rep. No. 129, 1991

 

ad. No. 51, 1995

 

rs. No. 18, 2002

 

rep. No. 147, 2008

S. 7.......................................

am. No. 51, 1995; No. 147, 2008

Note to Schedule heading.

am. No. 18, 2002

 

rep. No. 147, 2008

Schedule..............................

ad. No. 51, 1995

 

am. No. 41, 2000; Statutory Rules 2001, No. 212

 

rep. No. 147, 2008


Table A

Application, saving or transitional provisions

Interstate Road Transport Charge Amendment Act 2000 (No. 41, 2000)

Schedule 1

34  Application of amendments

The amendments made by this Act apply to:

                     (a)  if this Act commences on or before 1 July 2000—charges in respect of the registration of a motor vehicle or trailer that comes into force on or after 1 July 2000; or

                     (b)  if this Act commences after 1 July 2000—charges in respect of the registration of a motor vehicle or trailer that comes into force after this Act commences.

 

Interstate Road Transport Charge Amendment Act (No. 2) 2008
(No. 147, 2008)

Schedule 1

10  Application of amendments

(1)       Despite the repeal of section 5 of the Interstate Road Transport Charge Act 1985 made by item 6 of this Schedule, the amount of the charge under that section, immediately before this Schedule commences, continues to apply in relation to registrations of vehicles that come into force after this Schedule commences until regulations made for the purposes of section 5 of that Act, as in force immediately after this Schedule commences, take effect.

(2)       Once those regulations take effect, the amendments made by this Schedule apply in relation to registrations of vehicles in a category referred to in subsection 4(1A) of the Interstate Road Transport Charge Act 1985 (as inserted by item 3 of this Schedule) that come into force after this Schedule commences.

 

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.