13997    Cat. No. 97 2937 2    ISBN 0644 519827

1998

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT BILL 1998

EXPLANATORY MEMORANDUM

(Circulated by authority of the Minister for Transport and Regional Development,
The Honourable Mark Vaile MP)

NATIONAL ROAD TRANSPORT COMMISSION AMENDMENT BILL 1998

OUTLINE

The purpose of the National Road Transport Commission Amendment Bill 1998 (the Bill) is to continue the current process of cooperative national road transport reform in Australia.  The Bill extends the life of the National Road Transport Commission Act 1991 (the NRTC Act) for another five years from its current sunset of 14 January 1999.  In addition, the Road Transport Reform (Heavy Vehicles Registration) Act 1997, the Road Transport Reform (Vehicles and Traffic) Act 1993, and the Road Transport Reform (Dangerous Goods) Act 1995, which were developed and implemented under this reform process, will no longer be subject to the NRTC Act sunset.

The NRTC Act established the National Road Transport Commission (NRTC) as an independent road transport reform body that is directly accountable to Commonwealth, State and Territory Transport Ministers.  In consultation with the Commonwealth, States and Territories, the road transport industry, user groups and other interested parties, the NRTC develops and progresses reforms aimed to produce a nationally uniform or consistent road transport operating environment.  

The Bill contains provisions relating to:

·	the extension of the sunset of the NRTC Act, for another five years from 15 January 1999;
·	removal of sunset from certain pieces of Commonwealth Road Transport Reform legislation;
·	regular review of the NRTC Act and the Commonwealth Road Transport Reform legislation;
·	the Australian Transport Council (ATC) replacing the Ministerial Council for Road Transport (MCRT) as the responsible Ministerial Council;
·	allowance for the involvement of New Zealand in deciding trans-Tasman road vehicle standards;
·	Defence Force exemptions from road transport regulation under certain circumstances;
·	revised structure and focus for the NRTC, including strategic planning requirements; and
·	consultation with the National Environment Protection Council (NEPC) on motor vehicle noise and emissions standards. 

The NRTC Act was initially prepared to give effect to the 1991 Heavy Vehicles Agreement and subsequently amended to incorporate the 1992 Light Vehicles Agreement.  These Agreements are schedules to the NRTC Act.  The Bill contains Heads of Government Agreements varying the Heavy Vehicles Agreement and the Light Vehicles Agreement, being the First Heavy Vehicles Amending Agreement and the First Light Vehicles Amending Agreement.  The amending intergovernment Agreements will take the form of schedules 1A and 2A to the Bill, and will come into force upon signature by Heads of Government.

A Review of National Road Transport Law was undertaken in late 1996, as required by the NRTC Act.  The Bill and Agreements have been drafted in consultation with States and Territories to put the outcomes of the Review process into place.  

The National Road Transport Commission Amendment Act 1997 was passed by Parliament and came into effect in late 1997 to ensure the continuation of the NRTC Act for a further 12 months from its original sunset of 15 January 1998.  This was to allow the finalisation and passage of the current Bill to implement the wider range of improvements to the NRTC Act.

FINANCIAL IMPACT STATEMENT

The NRTC is funded by all jurisdictions for $3.605m in the current year (1997/98), with $1.24m (35%) contributed by the Commonwealth and the remainder by the States and Territories in proportion to their vehicle registrations.  The Commonwealth has allocated budget funding for the NRTC at this level of contribution until 2000/1.

In 1995 the Industry Commission estimated that gains from seamlessness in regulation would improve capital and labour productivity in road transport by 5%.  The wider Australian economy will also gain, the Industry Commission estimates that the reform of road transport will increase GDP by more than $0.8 billion annually.  The NRTC’s July 1996 Mass Limits Review report estimates that higher mass limits alone may bring economy wide benefits with a net present value of over $1 billion.  The resources freed by road transport reform will provide a significant boost to Australia’s economic development, in addition to the direct benefits of a more efficient and safer road transport industry.

NOTES ON CLAUSES

Clause 1 - Short title

This clause provides that the Act be cited as the National Road Transport Commission Amendment Act 1998.

Clause 2 - Commencement

This clause provides for the Act to commence on a date to be fixed by proclamation, or within six months of passage.  

It is desirable for the improvements to the NRTC and the road transport reform processes to come into effect as soon as possible after passage of the Bill through the Parliament and signature of the amending Agreements by Heads of Government.  However, signature of the Agreements by Heads of Government must occur before the Act can commence, and proclamation will be sought once this is secured.

Six months sets a time limit on commencement, within which signature of the Agreements is expected.

Clause 3 - Schedules

This clause explains that the schedules to the Bill set out amendments to the Acts specified.

Schedule 1 - Amendments of the National Road Transport Commission Act 1991

Schedule 1 to the Bill (items 1 to 105) provides for amendments to the National Road Transport Commission Act 1991 (the Act).

Item 1 - Section 3

Item 1 amends section 3 of the Act to insert a definition of ‘Australian Transport Council’, which is to replace the Ministerial Council for Road Transport as the Ministerial Council responsible for road transport reform under the Act.  This amendment causes consequential amendments in items:  15, 17, 19, 22, 25 26, 27, 29, 30, 31, 36, 38, 39, 40, 43, 44, 45, 47, 52, 55, 56, 58, 67, 69, 70, 72, 73, 74, 75, 76, 77, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91 and 94.

Item 2 - Section 3

Item 2 amends section 3 of the Act to insert a definition of ‘First Heavy Vehicles Amending Agreement’.  This Agreement will take the form as set out in Schedule 1A of the Bill.

Item 3 - Section 3

Item 3 amends section 3 of the Act to insert a definition of ‘First Light Vehicles Amending Agreement’.  This Agreement will take the form as set out in Schedule 2A of the Bill.

Item 4 - Section 3 (definition of Heavy Vehicles Agreement)

Item 4 amends section 3 of the Act to amend the definition of ‘Heavy Vehicles Agreement’ to mean the Original Heavy Vehicles agreement as amended by the Original Light Vehicles Agreement and the First Heavy Vehicles Amending Agreement.

Item 5- Section 3 (definition of Light Vehicles Agreement)

Item 5 amends section 3 of the Act to amend the definition of ‘Light Vehicles Agreement’ to mean the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.

Item 6 - Section 3 (definition of Ministerial Council)

Item 6 repeals the definition of ‘Ministerial Council’ from section 3 of the Act, as the Australian Transport Council is to assume the Ministerial Council for Road Transport's roles and responsibilities under the Act.

Item 7 - Section 3 

Item 7 inserts a definition of ‘New Zealand member’ into section 3 of the Act, as provision is made in the Act to allow for New Zealand to be represented on the Commission.  

Item 8 - Section 3 

Item 8 inserts a definition of ‘ordinary member’ into section 3 of the Act.  The Chief Executive of the Commission is to be a non-voting ex-officio member of the Commission and there are to be five ordinary members (which may include a New Zealand member), nominated by the Australian Transport Council and appointed by the Governor General.  This amendment causes consequential amendments in items:  14, 16, 20, 21, 23, 24, 33, 34, 35, 37, 41, 42, 46, 48, 49, 50, 54, 57 and 65.

Item 9 - Section 3 

Item 9 inserts a definition of ‘Original Heavy Vehicles Agreement’ into section 3 of the Act which refers to the Heavy Vehicles Agreement of 30 July 1991.  

Item 10 - Section 3 

Item 10 inserts a definition of ‘Original Light Vehicles Agreement’ into section 3 of the Act which refers to the Light Vehicles Agreement of 11 May 1992.  

Item 11 - Section 3 

Item 11 inserts a definition of ‘TTMRA road vehicle standard’ into section 3 of the Act.  Under the Trans-Tasman Mutual Recognition Arrangement, the Commonwealth, New Zealand, the Australian States, the Northern Territory and the Australian Capital Territory have agreed that Australia and New Zealand are to pursue a cooperation program to develop internationally harmonised standards to apply to road vehicles to be traded across the Tasman.

Item 12 - Subsection 5(1) 

Item 12 replaces the existing subsection 5(1), which provides for the Commission to consist of three memers,  with a new subsection providing for the Chief Executive's ex-officio membership and for five part time 'ordinary members'.

Item 13 - Subsection 5(2) 

Item 13 amends the existing subsection 5(2), to allow the NRTC to operate with up to two vacancies, rather than one following the increase of the number of ordinary members from three to five.  This allows the Australian Transport Council the flexibility to appoint as few as three Commissioners, should they wish.

Item 14 - Subsection 6(1) 

See Item 8.

Item 15 - Subsection 6(1) 

See Item 1.

Item 16 - Subsection 6(2) 

See item 8.

Item 17 - Subsection 6(2) 

See Item 1.

Item 18 - Subsection 6(3) 

Item 18 repeals the existing subsection 6(3),  and will allow the Australian Transport Council to reappoint members for third and subsequent terms if it considers this would retain valuable skills and experience on the Commission, despite the provision in the original Heavy Vehicles Agreement which limited members to two terms.  The First Heavy Vehicles Amending Agreement will now allow further appointments, making such a provision in the Act redundant.

Item 18 then inserts a new subsection 6(3) that makes provision for the appointment of a New Zealand member.  This is a two stage process.  If, in the future, the New Zealand Government seeks to have a representative on the Commission, the Australian Transport Council (ATC) is to consider such a request.  The ATC may consider any undertakings by New Zealand that it will make a financial contribution to the Commission.

If the ATC makes a declaration that New Zealand is entitled to have a representative, then the second stage of new subsection 6(3) provides that the ATC must then accept a nomination from New Zealand, provided that there is a vacancy on the Commission and New Zealand does not already have a member on the Commission.

Item 19 - Subsection 7(1) 

See item 1.

Item 20 - Subsection 7(1) 

Item 20 amends the existing subsection 7(1), concerning the appointment of a Chairperson and Deputy Chairperson, to ensure that it applies only to ordinary members (that is, it does not apply to the Chief Executive).  The appointment of the Chief Executive is separately provided for in section 26.

Item 21 - Subsection 7(2) 

See Item 20.

Item 22 - Subsection 7(2) 

See Item 1.

Item 23 - Subsection 7(3) 

Items 23 and 24 amend the existing subsection 7(3), concerning the cessation of the appointment of a Chairperson and Deputy Chairperson, to ensure that it applies only to ordinary members (that is, it does not apply to the Chief Executive).  

Item 24 - Subsection 7(3) 

See Item 23.

Item 25 - Subsection 8(1)(e) 

See Item 1.

Item 26 - Paragraph8(1)(f) 

See Item 1.

Item 27 - Subsection 8(2) 

See Item 1.

Item 28 - Subsection 8(6) 

Item 28 repeals subsection 8(6) of the NRTC Act.  Section 8(6) was inserted by the NRTC Amendment Act 1997 as a consequence of the twelve month extension of the NRTC Act.  Thus it is made redundant by the comprehensive extension provided by the current Bill.

Item 29 - Subsection 9(1) 

See Item 1.

Item 30 - Subsection 9(2) 

See Item 1.

Item 31 - Subsection 9(3) 

See Item 1.

Item 32 - After section 10 

Item 32 inserts new sections 10A and 10B.

New section 10A provides for the Commission's objectives to be linked to the principles and objectives agreed by Heads of Government in the Heavy and Light Vehicles Amending Agreements. 

New section 10B provides that the Commission must develop motor vehicle noise and emission standards in conjunction with the National Environment Protection Council (NEPC). 

This provision formalises the current processes in place for the Commission's consultation with NEPC in the development of motor vehicle noise and emission standards.  

Item 33 - Section 12 

See Item 8. 

Item 34 - Section 13 

See Item 8. 

Item 35 – Subsection 14(1) 

See Item 8. 

Item 36 - Subsection 14(1) 

See Item 1.

Item 37 – Subsection 14(2) 

See Item 8. 

Item 38 - Subsection 14(2) 

See Item 1.

Item 39 - Subsection 14(3) 

See Item 1.

Item 40 - Paragraph 14(3)(a) 

See Item 1.

Item 41 – Subsection 14(4) 

See Item 8.

Item 42 - Section 15 

See Item 8. 

Item 43 - Subsection 15(1) 

See Item 1.

Item 44 - Paragraph 15(2)(a) 

See Item 1.

Item 45 - Subsection 15(3) 

See Item 1.

Item 46 - Subsection 15(3) 

See Item 8. 

Item 47 - Section 16 

See Item 1.

Item 48 - Section 17 

See Item 8. 

Item 49 - Subsection 18(1) 

See Item 8. 

Item 50 - Subsection 18(2) 

Item 50 amends the existing subsection 18(2), concerning the termination of the appointment of members if they fail to attend three consecutive Commission meetings without having leave granted, to ensure that it applies only to ordinary members (that is, it does not apply to the Chief Executive), and not to the New Zealand member.  This is because the New Zealand member may only participate in voting on matters related to TTMRA road vehicle standards, which may not be considered at every meeting of the Commission.

Item 51 - After Subsection 18(2) 

Item 51 inserts a new subsection 18(2A) after subsection 18(2), concerning the termination of the appointment of the New Zealand member.  This provides that the New Zealand member’s appointment may be terminated by the Governor-General if they fail to attend three consecutive meetings at which there is voting on a matter relating to TTMRA road vehicle standards; or if they contravene section 25 (Disclosure of interests) without reasonable excuse.

Item 52 - Subsection 18(3) 

See Item 1.

Item 53 - At the end of section 18 

Item 53 adds new subsections 18(4), 18(5) and 18(6) to the end of the existing section 18, to make provision for New Zealand to have the appointment of its member terminated at its request.

It also adds new subsection 18(7), which inserts a definition of a ‘TTMRA road vehicle standard meeting’ to mean a meeting of the Council at which a TTMRA road vehicle standard matter is to be decided.

Item 54 - Section 19 

See Item 8. 

Item 55 - Subsection 19 

See Item 1.

Item 56 - Subsection 20(2) 

See Item 1.

Item 57 - Subsection 20(2) 

See Item 8. 

Item 58 - Subsection 20(3) 

See Item 1.

Item 59 - Paragraph 21(2)(b) 

Item 59 amends the existing paragraph 21(2)(b), concerning the calling of special meetings, to provide that at least 2 ordinary members, other than the Chairperson, must request the Chairperson to call a special meeting.  

Item 60 - At the end of section 21 

Item 60 inserts subsection 21(3) at the end of section 21, to provide that the New Zealand member may only be one of the 2 ordinary members requesting a special meeting if the meeting is to consider a TTMRA road vehicle standard matter.  

Item 61 - After section 22 

Item 61 inserts a new section 22A, to provide that the Commission may make resolutions outside of a meeting.  This new section makes clear that the Commission may conduct its business by such methods as it determines, for example by correspondence.

Item 62 - Section 23 

Item 62 amends the existing section 23, concerning quorums at Commission meetings, to provide that a quorum consists of 3 ordinary members.  

Item 63 - At the end of section 23 

Item 63 adds subsection 23(2), to provide that a New Zealand member may not be counted as part of a quorum unless that part of a meeting is to consider a TTMRA road vehicle standard matter.

Item 64 - After section 23 

Item 64 inserts subsection 23A, to provide for the presence of a New Zealand nominee at voting on matters relating to TTMRA road vehicle standards.  It provides that a vote on a matter concerning a TTMRA road vehicle standard may not take place unless the New Zealand nominee (either the New Zealand member or another ordinary member that New Zealand has nominated to represent its interests) is present, or if they are not present a minimum of 14 days notice of the meeting has been given to each ordinary member (which includes the New Zealand member).  

Item 65 - Section 24 

See Item 8. 

Item 66 - At the end of section 24 

Item 66 adds new subsection 24(2) which provides that a New Zealand member is not entitled to vote except on matters relating to existing or proposed TTMRA road vehicle standards. 

Item 67 - Subsection 25(2)

See Item 1.

Item 68 - Subsection 26(1)

This item amends subsection 26(1) to require that the Australian Transport Council appoint the Chief Executive of the Commission on the recommendation of the Commission, where formerly they were appointed by the Commission.  

This provision retains the accountability of the Chief Executive to the Commission (in that the Chief Executive is appointed - or can be terminated - on the recommendation of the Commission).  However, it also strengthens the accountability of the Chief Executive to the Australian Transport Council, as it will now have the ultimate power to appoint or terminate.

Item 69 - Subsection 27(3)

See Item 1.

Item 70 - Subsection 28(2)

See Item 1.

Item 71 - Section 36

This item amends section 36 to provide that the Commission may accept moneys from New Zealand.  Although there are currently no arrangements in place for New Zealand to contribute to the Commission's funding, subsection 6(5) provides that the Australian Transport Council may consider any undertakings to pay money provided by New Zealand,when deciding whether to declare that New Zealand is entitled to request a nomination of a Commissioner.  This amendment allows the Commission to accept any such funding.

Item 72 - Subsection 39(1)

See Item 1.

Item 73 - Subsection 39(2)

See Item 1.

Item 74 - Subsection 39(3)

See Item 1.

Item 75 - Subsection 39(4)

See Item 1.

Item 76 - Subsection 40(3)

See Item 1.

Item 77 - Subsection 40(5)

See Item 1.

Item 78 - After Part 6

Item 78 inserts new Part 6A – Strategic Plans.

New Section 41A provides that the Commission will be required to prepare an annual strategic plan, to be approved by the Australian Transport Council and published.  
New subsection 41A(1) states that the Commission is to prepare a draft strategic plan each financial year.  New Subsection 41A(2) provides that in developing its strategic plan, the Commission must consult the National Environment Protection Council (NEPC).  This provision will ensure that environmental considerations are taken into account at the strategic planning stage of the Commission's work.  The Commission is also able to consult other stakeholders.

New subsection 41A(3) provides that the Australian Transport Council must approve or disapprove the strategic plan.  If the Australian Transport Council is not satisfied with the draft strategic plan, under subsection 41A(4) the Council must direct the Commission to make whatever alterations it requires, and specify a time in which these alterations are to be addressed.  New subsection 41A(5) requires the Commission to comply with this direction.  New subsection 41A(9) provides that this direction will be by resolution in accordance with the Heavy Vehicles Agreement.

New subsection 41A(6) provides that if the Commission provides an altered plan in accordance with the Australian Transport Council's direction, the Council will approve the plan.

New subsection 41A(7) provides that when a draft plan is approved by the Australian Transport Council, it becomes a final strategic plan, which is to be published by the Commission under new subsection 41A(8) in a manner determined by the Commission.

Item 79 - Before Part 7

Item 79 inserts new Part 6B – Exemptions from uniform road transport legislation for defence-related purposes.  The new part includes new subsections 41B, 41C, 41D, 41E, 41F and 41G, which provide for arrangements for exemptions in certain circumstances for Defence forces from specified road transport law. 

Subsection 41B(1) provides that the Minister administering the Act may exempt the Australian Defence Force (ADF) and its members from the operation of all or parts of the ‘uniform road transport legislation’ for ‘defence-related purposes’.  ‘Uniform road transport legislation’ is defined in section 41G (see below).  Subsection 41B(6) defines ‘defence-related purposes’ as those which relate to the defence and security of Australia and the incidental aspects of that defence and security, the management of emergencies and disasters, peacekeeping and protection of the States or Territories from ‘domestic violence’.  The ADF only participates in emergencies, disasters and domestic violence issues at the formal request of a jurisdiction.  The level of ADF involvement will depend upon the type of support requested.  All other ‘defence-related purposes’ are as a result of government direction or policy.  Domestic violence situations may take the form of a terrorist act, hostage crisis or general civil unrest for which the jurisdiction may request support from the ADF. Subsection 41B(6) is restricted by the operation of subsection 41B(3), that is, the incidental aspects of the defence and security of Australia are limited to those aspects relating to the special and other circumstances set out in subsection 41B(3) (see below).

Subsection 41B(2) provides that the exemptions declared by the Minister under subsection 41B(1) may be unconditional or subject to conditions as set out in the declaration.

Subsection 41B(3) is the key subsection of section 41B and provides that the Minister must, prior to making a declaration under subsection 41B(1), be satisfied of the circumstances set out in paragraphs 41B(3)(a), (b) and (c). Paragraph 41B(3)(a) provides that the Minister must not make a declaration, unless he or she is satisfied that, because of special circumstances, a declaration to exempt is in the interests of the security, defence or international relations of Australia.  Paragraph 41B(3)(b) provides that the Minister may make such a declaration if a State or Territory applies for protection against domestic violence and that the making of the declaration is likely to assist in providing that protection.  Paragraph 41B(3)(c) provides that, where there is an emergency or disaster, the Minister may make a declaration where it is likely to assist the ADF in its involvement in that emergency or disaster.  Paragraph 41B(3)(c) is based on the fact that the ADF can only respond to a request by States and Territories to assist in emergencies or disasters and, in so responding, would generally be under the direction and management of State or Territory based emergency services, police operations, etc.  As detailed above, ADF assistance is provided at the request of a jurisdiction.  The ADF may not manage the emergency or disaster relief but may provide advice, manpower and technical equipment, the movement of which may not necessarily accord with the day-to-day exemptions.  This subsection allows the ADF to react to State and Territory requests in a timely manner. Disasters may take the form of flood relief, drought relief, emergency rescues, etc.

Subsection 41B(4) provides that a declaration has effect as set out in the declaration.

Subsection 41B(5) provides that the Chief of the Australian Defence Force (CDF) must notify a State or Territory of an instance where an exemption under subsection 41B(1) has been used, provided that such notification would not prejudice the defence, security or international relations of Australia.  The primary intention of this clause is to ensure that public safety or other public interests are not unduly prejudiced by, for example, ADF damage to a road or bridge during movements exempt from uniform road transport legislation.

Subsection 41C(1) provides that the Minister may declare that the armed forces of a foreign country, or its members, are exempt from the operation of all or parts of the uniform road transport legislation when the operations of that armed force are in accordance with an arrangement approved by the Department of Defence.

Subsection 41C(2) provides that the exemptions under subsection 41B(1) may be unconditional or subject to conditions as decided by the Minister in the declaration.

Subsection 41C(3) provides that the Minister must not make a declaration under subsection 41C(1) unless special circumstances apply, in a similar manner to the special circumstances described in paragraph 41B(3)(a).  This limits the operation of armed forces of foreign countries to operating within the scope of arrangements referred to in subsection 41C(1) which necessarily means that armed forces of foreign countries cannot have greater powers than the ADF whilst in Australia.  That is, for reasons of sovereignty, the ADF would not be in a position to agree to arrangements where a visiting foreign force has greater powers than the ADF.

Subsection 41C(4) provides that a declaration has effect as set out in the declaration.

While sections 41B and 41C relate to the special circumstances in which the ADF is to be exempted from Commonwealth, State and Territory uniform road transport legislation, section 41D sets out where, by agreement with the States and Territories, the ADF is to have continuing, but variable, exemptions from that legislation.

Subsection 41D(1) provides that the Minister may declare, in writing, that the ADF and its members are exempt from the uniform road transport legislation for activities done by the ADF in relation to the defence or security of Australia.  Subsection 41D(3) provides that the Minister must not make such a declaration unless he or she is satisfied that it is in the interests of the defence or security of Australia that such a declaration is to be made.

Subsection 41D(2) provides that the exemptions under subsection 41B(1) may be unconditional or subject to conditions as decided by the Minister in the declaration.

Subsection 41D(4) provides that a declaration has effect as set out in the declaration.

Subsection 41D(5) provides that a declaration has no effect unless it has been consented to by the Australian Transport Council in accordance with the Heavy Vehicles Agreement. This establishes a formal mechanism through which the Commonwealth, States and Territories agree the day-to-day exemptions for the ADF. The intention of this provision is to replace the current, inconsistent, informal methods by which the ADF is required to obtain exemption from each State and Territory jurisdiction in its usual operations. Most importantly, it will allow the ADF to operate non standard vehicles which are related to the defence and security of Australia on a daily basis. Further, subsection 41D(6) provides that the declaration under subsection 41D(1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. This further distinguishes section 41D declarations from section 41B and 41C declarations in that day to day operations of the ADF are to be open to Parliamentary and public scrutiny while enabling the protection of national security movements as necessary.

Subsection 41E(1) provides that the Minister administering the NRTC Act, as amended, may delegate , in writing, his or her powers under sections 41B and 41C to the CDF. Subsection 41E(2) provides that the CDF as delegate is subject to the directions of the Minister.

Application of the Defence Act 1903

It is important to note that the effect of this section is to transfer the exemption from an automatic, legislative exemption in the Defence Act 1903 (Defence Act) to one which is subject to being made by the relevant body, in accordance with sections 41B, 41C and 41D.  The intention of section 41F is only to restrict the scope of section 123 of the Defence Act as it applies to certain permissions under regulations developed by the NRTC relating to some dimension and load limits.

Subsection 41F(1) provides that sections 41B, 41C and 41D have effect in addition to, and not instead of, anything in the Defence Act.  An exception to this provision is specified in subsection 41F(2), which provides that subsection 123(1) of the Defence Act does not apply to permissions, whether in the form of a licence or otherwise, under certain Road Transport Reform Regulations or equivalent permissions under State or Territory legislation.  The relevant permissions are set out under regulation 7 (exemption by Gazette notice) and subregulation 9(1) of the Road Transport Reform (Oversize and Overmass Vehicles) Regulations as being those which exempt a vehicle or combination from a requirement of the Road Transport Reform (Heavy Vehicle Standards) Regulations or the Road Transport Reform (Mass and Loading) Regulations specified in subregulation 9(3) or 9(4).  Essentially, subregulations 9(3) and 9(4) refer to certain mass and dimension limits, including Gross Vehicles Mass and Gross Combination Mass limits.  In effect, section 41F means that the ADF must obtain permission from the States in these areas, either through the arrangements in section 41D, which are approved by the Australian Transport Council, or, on a case by case basis from each State or Territory jurisdiction.

Section 41G provides that ‘uniform road transport legislation’, in Part 6B includes Commonwealth Road Transport Legislation and so much of that legislation as is applied or adopted by a State.  This includes the parts of State or Territory laws that apply the substance of the Commonwealth law under new part 8A of the Heavy and Light Vehicles Agreements.

Item 80 - Subsection 42(2)

See Item 1.

Item 81 - Subsection 43(1)

See Item 1.

Item 82 - Subsection 43(1)

See Item 1.

Item 83 - Subsection 43(2)

See Item 1.

Item 84 - Subsection 43(3)

See Item 1.

Item 85 - Subsection 43(4)

See Item 1.

Item 86 - Paragraph 44(1)(a)

See Item 1.

Item 87 - Paragraph 44(1)(b)

See Item 1.

Item 88 - Subsection 44(1)

Section 44 deals with the Ministerial Council's ability to issue certificates that may be used to evidence that it has done something or made a particular decision.  The amendments to this section allow the Australian Transport Council to issue certificates for actions or decisions it has been responsible for, but also to issue certificates to evidence actions or decisions taken or made by the Ministerial Council for Road Transport prior to the commencement of these amendments.

Item 89 - Paragraph 44(2)(a)

See Item 1.

Item 90 - Paragraph 44(2)(b)

See Item 1.

Item 91 - Subsection 44(3)

See Item 1.

Item 92 - At the end of section 44

Item 92 adds to the end of section 44 a reference to actions or deeds of the Australian Transport Council, a definition of 'opinion' to apply in this section, and defines 'Ministerial Council' as the Ministerial Council for Road Transport for the purposes of the section.

Item 93 - Subsection 46(1)

This item extends the life of the Act, from seven years from 15 January 1992, to twelve years.  Thus the Act will have a new sunset of 14 January 2004.  The Commission will have a clearly limited life, unless a review conducted under section 47 determines that the Act should be renewed.

Item 94 - Subsection 46(2)

See Item 1.

Item 95 - Subsection 47(1)

This item provides that a review will be undertaken not less than twelve months prior to the sunset of the Act.  This review will establish whether the national road transport reform process, coordinated by the Commission, has been successful, and whether the Act should be renewed (with or without amendment) or allowed to sunset.  The review leading to the current amendments was provided to Heads of Government about 9 months prior to the sunset date, and this has proved inadequate for the development and passage of necessary amendments.  Twelve months will allow a more effective process to be followed.

Subsection 47(1) was amended by the National Road Transport Commission Amendment Act 1997 to 18 months, to ensure that a further review was not required during 1997/98 following the extension of the sunset of the Act by a year.

Item 96 - Subsection 47(1)

As the Australian Transport Council is to be responsible for undertaking future reviews, subsection 47(1) is amended to replace the original provision for the Commission to undertake the review.

Item 97 - Paragraph 47(1)(a)

The amendment to paragraph 47(1)(a) is consequential to the amendment to subsection 47(1) under item 96 above.

Item 98 - After Schedule 1

This item adds Schedule 1A which contains the text of the First Amending Heavy Vehicles Agreement.  This is an intergovernment agreement amending the original Heavy Vehicles Agreement to support the amendments to the Act and other Review recommendations.

Item 99 - At the end of the Act

This item adds Schedule 2A which contains the text of the First Amending Light Vehicles Agreement.  This is an intergovernment agreement amending the original Light Vehicles Agreement to support the amendments to the Act and other Review recommendations.

Item 100 - Transitional - members holding office under the National Road Transport Commission Act 1991

This item ensures that, in the event that there are members of the Commission appointed whose term commences before the sunset of the current Act and does not end until after the this amendment Act commences (item 100(1)), they will unambiguously be subject to the provisions applying to ordinary members for the period of their term following the commencement of this amending Act.

Items 100(2) and 100(3) provide that such a member's term expires immediately before the commencement of this item, and the Act then has effect as if the person was immediately appointed under the amended Act for the remainder of his or her original term of appointment.

Item 101 - Transitional - person holding office as Chairperson under the National Road Transport Commission Act 1991

This item has the same effect as item 100, but applies to the Chairperson of the Commission rather than to members.

Item 102 - Transitional - members holding office as Deputy Chairperson under the National Road Transport Commission Act 1991

This item has the same effect as items 100 and 101, but applies to the Deputy Chairperson of the Commission rather than to members or the Chairperson.

Item 103 - Transitional - Appointment of Chief Executive Officer

This provision provides that the requirement that the Chief Executive of the Commission be appointed by the Australian Transport Council (under subsection 26(1)) will only apply to appointments that occur after the commencement of these amendments.  Thus there can be no question as to validity of the appointment of a Chief Executive if he or she is appointed prior to commencement of these amendments by the Commission with a term that extends beyond 14 January 1998.

Item 104 - Transitional - evidentiary certificates under section 44 of the National Road Transport Commission Act 1991

This transitional provision ensures that evidentiary certificates issued under section 44 of the Act continue to have the full effect they were intended to have when they were issued, despite the proposed amendments made to section 44 by this Bill.

Item 105 - Transitional - acts of Ministerial Council to be attributed to Australian Transport Council

This item ensures that there will be a 'seamless' transition between the Ministerial Council for Road Transport and the Australian Transport Council, by providing that anything done by or in relation to the former under the Act will be treated under the Act as if it had been done by the latter.

SCHEDULE 1A - FIRST HEAVY VEHICLES AMENDING AGREEMENT

The First Heavy Vehicles Amending Agreement is an agreement made between the Commonwealth of Australia, the states of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Northern Territory and the Australian Capital Territory.  Despite its membership of the Australian Transport Council, and the provision made to allow for its representation with regard to matters relating to Trans-Tasman road vehicle standards, New Zealand is not a party to the Agreement.

Recitals

The Recitals identify the Heavy Vehicles Agreement as the ‘Principal Agreement’, which all the parties wish to amend.

Item 1

Item 1 provides that the First Heavy Vehicles Amending Agreement will come into force immediately on signature by all Heads of Government.  Once the Agreements commence, the Act can also be commenced by proclamation.

Item 2

Item 2 contains the amendments to be made to the Principal Agreement.

Item 2(a)

Item 2(a) deletes Recital C in the Principal Agreement and replaces it with a new recital C.

New Recital C expresses Heads' of Government recommitment to the road transport reform process, with consultative involvement of all stakeholders. 

The original Recital C provided that the parties agreed that the principles underlying their agreement were that there should be improvements to road safety and transport efficiency and reductions in the cost of administration.  

The parties have acknowledged that these are narrowly focussed principles, and a broader ranging list of principles would better reflect what the parties wish to achieve from the reform process under the Agreement.  It is recognised that some of the new principles may be to some extent conflicting.  There is no explicit or implicit prioritisation of the principles.  However, the parties wish that all these principles be taken into account in the process, even if decisions have to be made by the Commission or the Australian Transport Council to prioritise them in particular circumstances.  

Item 2(b)

Recital G(f) is amended to remove the reference to re-enactment of the Commonwealth Road Transport Legislation.  As the Act’s sunset will no longer apply to the Commonwealth Road Transport Legislation, it is no longer necessary to re-enact it following future reviews.  However, Commonwealth Road Transport Legislation will still be subject to these future reviews, which might decide to amend or repeal them.

Item 2(c)

Item 2(c) adds three new recitals to the Heavy Vehicles Agreement.

New Recital H outlines the relevant part of the Trans Tasman Mutual Recognition Arrangement, which provides a cooperative scheme is to be developed whereby road vehicles certified as meeting trans-Tasman road vehicle standards will be able to be freely traded between Australian and New Zealand.  This provides the context for provisions that provide for the Commission and the Australian Transport Council to consider these standards, and to allow for New Zealand involvement in this consideration.

New Recital I indicates that the parties intend to progressively apply the substance of the Commonwealth Road Transport Legislation as it is enacted.  Clause 8(1) of the Heavy Vehicles Agreement contemplated that when a complete body of integrated Commonwealth Road Transport Legislation is available, this would be automatically applied by all States and Territories.  As this legislation is now being developed in a ‘modular’ fashion, the parties have agreed to progressively implement, through their own legislative processes, the substance of the modules of Commonwealth law as they are enacted, prior to the implementation of the integrated body of Commonwealth legislation.  The flexibility afforded to the jurisdictions in meshing the substance of the reforms with the bulk of their own law is intended to ensure that the reforms are delivered to industry as soon as possible.  New clause 8A specifies more detail of how this is to be achieved.

New Recital J reflects agreement that has been reached between the Commonwealth and the other parties that it is appropriate in some circumstances that the Australian Defence Force (ADF) is able to operate at variance with the Road Transport Legislation.  The details of how the ADF may operate at variance to the relevant Commonwealth, State and Territory law are spelt out by the new sections 41B to 41G in the body of the Act.

Item 2(d)

This item inserts a number of new definitions into the Agreement.

‘Australian Transport Council’ is defined, because that Ministerial Council will assume the functions and roles of the Ministerial Council for Road Transport, which was established by the Heavy Vehicles Agreement.  Transport Ministers decided to rationalise their Council structure in this way because the Councils had common membership and their business was conducted at the same meetings.  As the Australian Transport Council consists of two Ministers from some jurisdictions (such as NSW), and one from the remainder, for the purposes of this Agreement each jurisdiction will have only one vote.  Which Minister will exercise that vote will be a matter for the particular jurisdiction.  New Zealand is a member of the Australian Transport Council. 

‘COAG’ is defined as the Council of Australian Governments.  Under the Trans Tasman Mutual Recognition Arrangement (TTMRA), COAG has the final discretion in deciding trans-Tasman road vehicle standards.

‘The First Heavy Vehicles Amending Agreement’ is defined as this Agreement.

‘New Zealand Minister’ is defined under this Agreement as the Minister responsible for TTMRA road vehicle standards.  

‘Ordinary member’ is defined to be a member of the Commission other than the Chief Executive Officer.  This is consistent with the definition of ordinary member in the Bill.

‘TTMRA road vehicle standards’ are defined as trans-Tasman road vehicle standards developed under the TTMRA.

Item 2(e)

This item amends clause 2 to ensure that the Commonwealth Act referred to by the Agreement is the National Road Transport Commission Act 1991, as amended from time to time consistent with the Heavy Vehicles Agreement and any Agreements that subsequently amend the Heavy Vehicles Agreement.  This will encompass the Light Vehicles Agreement, both the Amending Agreements scheduled here, and any subsequent Agreements.

Item 2(f)

This item amends the definition of ‘Voting Member’ to set out when the New Zealand member will participate in voting.  New Zealand will not participate in most matters which will relate to road transport reform within Australia, but will participate in voting on matters related to TTMRA road vehicle standards and in voting to decide whether New Zealand should be able to nominate a member on the Commission.

Item 2(g)

This item adds a new clause 3A to the original Agreement that has the effect of giving all roles and responsibilities under the Agreement to the Australian Transport Council.

Item 2(h)

This item amends clause 7(4) to extend the provision for the Commonwealth Act to have only a six year term to allow for twelve years, in line with the extension of the sunset to 14 January 2004 agreed by Heads of Government.  The Commonwealth Road Transport Legislation is also removed from the application of the sunset, as the parties have recognised that it is essential that the road transport industry has certainty that the legislation regulating it will continue.

Item 2(i)

Item 2(i) amends clause 8(1) of the original Heavy Vehicles Agreement to make it subject to the amendments set out in in the following item, 2(j).

Item 2(j)

This item inserts new clauses 8A, 8B and 8C.  These will follow the existing clause 8 of the Heavy Vehicles Agreement.

While subclause 8(1) provides that the States and the Northern Territory will automatically adopt the Commonwealth Road Transport Legislation enacted in the ACT, the parties have decided that for the time being the States and the Northern Territory will progressively apply the substance of this legislation.  Clause 8A provides that they will do this so as to provide a uniform or consistent national operating environment for road transport.  This is a fundamental aim of the Agreement. 

The Commonwealth will continue to enact, on behalf of the Australian Capital Territory, the Commonwealth Road Transport Legislation developed by the National Road Transport Commission in conjunction with the parties, and approved by the Australian Transport Council.  The other parties, by progressively applying the substance of this legislation, will provide a uniform or consistent national operating environment, but will be able to do so through their own legislative frameworks, which will enable them to get the reforms in place considerably more quickly than they have been able to do to date. 

Clause 8(A) is expressed to operate until a decision is made under clause 8(B).  Clause 8(B) provides that within three years of the Amending Agreement being executed, (or such later time as it decides), the Australian Transport Council will review the preferred means of implementing a uniform or consistent nationally integrated road transport law, and make recommendations to Heads of Government.  Currently this is the mechanism outlined in subclause 8(1), which requires automatic adoption.  Clause 8(B) provides that Heads of Government will decide the preferred mechanism by unanimous vote.

New Clause 8C supports the Australian Defence Force exemption provisions in the Bill.

Item 2(k)

This item amends clause 10 to enable the Australian Transport Council to take over the functions and powers previously exercised by the Ministerial Council for Road Transport.

Item 2(l)

This item amends subclause 11(1) to include the New Zealand Minister in the Australian Transport Council's role under this Agreement, in relation to TTMRA road vehicle standards.  This reflects that the New Zealand Government will not ordinarily be involved in matters concerning road transport reform within Australia.

Item 2(m)

This item adds in paragraph 12(a) TTMRA road vehicle standards to the matters on which the Australian Transport Council may consider policy questions.  This reflects the addition of this significant new element into the Agreement.

Item 2(n)

This item extends the functions of the Ministerial Council by inserting new paragraphs 12 (aa), (ia), (ja) and (la).
 
New paragraph 12(aa) provides that the Council may recommend to COAG that it agree a TTMRA road vehicle standard.  Under the TTMRA, COAG is to have the final decision on trans-Tasman standards agreed by Ministerial Councils.

New paragraph 12(ia) provides that the Council may receive and decide requests from New Zealand that it nominate a New Zealand member on the Commission.  This enables the Council to decide whether New Zealand will be able to nominate a member on the Commission to represent its interests in developing and recommending TTMRA road vehicle standards.  However, when New Zealand does have a member on the Commission, it participates in the cooperative programme to develop these standards, and participates in ATC's and COAG's consideration of the standards, with an equal vote to each of the Australian jurisdictions.

New paragraph 12(ja) provides that the Council has the function of appointing or terminating the appointment of the Chief Executive of the Commission.  It does this on the recommendation of the Commission.

New paragraph 12(la) provides that the Council can give the Commission directions on its strategic plan.  

All the above new functions support the Council's ability to fulfil new roles that are provided for it elsewhere in the Agreement and in the amending Bill.

Item 2(o)

This item adds a new subclause 13(4) to the Agreement to provide for Australian Transport Council meetings to consider a matter concerning TTMRA road vehicle standards, all members of the Council (including the New Zealand member) must have been given 28 days notice (or such shorter period as they unanimously accept).  A vote on a recommendation to COAG on a TTMRA road vehicle standard cannot be taken by the Australian Transport Council unless such notice has been given.  This notice would be given by the Commission.  This provision ensures that all parties, including New Zealand, have acceptable notice of proposed consideration of TTMRA road vehicle standards matters.

Item 2(p)

This item adds a new paragraph to clause 16 to specify the voting requirements for TTMRA road vehicle standards.  Subclause 6(5) of the TTMRA provides that a trans-Tasman standard, agreed by Ministers, is to be implemented unless COAG disapproves it by a vote of one third or more.  To ensure that voting at Ministerial level is undertaken so that the result will not change without a deliberate change in the vote of an Australian jurisdiction or of New Zealand at COAG level, this provision provides that a standard to be recommended to COAG will go forward unless it is similarly disapproved by a vote of one third or more.

Items 2(q), 2(r), 2(s), 2(t) and 2(u)

As Papua New Guinea already has observer status on the Australian Transport Council, from the date of these amendments it will also have observer status on the Ministerial Council under this Agreement.  These items amend the provisions in clause 18 that currently provide for the observer status of the Australian Local Government Association to extend them to provide for Papua New Guinea.

Item 2(v)

The functions of the National Road Transport Commission are outlined under clause 20 of the Heavy Vehicles Agreement.  They are closely aligned with the responsibilities of the Ministerial Council under clause 12.  Thus it is necessary to make similar amendments under clause 20 to those made under clause 12 to ensure that the Commission can provide the necessary support to ATC.

The proposed amendment to subclause 20(1) is to make explicit that the Commission has a responsibility to facilitate the implementation of road transport reforms.  The reforms can only be of benefit when they are implemented, and to successfully fulfil its obligations the Commission is required to do what it can to make implementation of these reforms easy for the parties.

Item 2(w)

Item 2(w) amends subclause 20(1) to provide for additional matters on which the Commission may make recommendations to the Australian Transport Council.  

New paragraph 20(1)(aa) covers amendments of the Road Transport Legislation - this makes clear that once the Road Transport Legislation is in place, maintaining its usefulness and relevance to an evolving road transport environment will become more and more important.

New paragraph 20(1)(ab) provides that the Commission may make recommendations on road transport reforms that are not covered by the Road Transport Legislation.  This allows reforms that could be implemented without legislation to be recommended by the Commission.

Under new paragraph 20(1)(ac) the Commission may make recommendations to the Australian Transport Council on recommendations to COAG on TTMRA matters.  This allows for the fact that ATC does not make the final decision, but must agree a recommendation to COAG on a TTMRA road vehicle standard.

New paragraph 20(1)(ad) provides for the Commission to recommend the appointment or termination of the appointment of the Chief Executive of the Commission.  This supports the Council’s role of making this appointment or termination on the recommendation of the Commission.

Item 2(x)

Under the original Act and Agreements, the Commission was responsible for undertaking a review into its own legislation.  This is being amended to give the Australian Transport Council the responsibility to undertake the review and report to Heads of Government. Paragraph 20(1)(f) gave the Commission the function of making recommendations in the review.  This item deletes this responsibility. 

Item 2(y)

This item adds new clause 20A, which provides that the Commission shall pursue rigorous analysis of issues involved in road transport reform.  This mandate will allow the Commission to be proactive in its development of solid advice to the Australian Transport Council.

Item 2(z)

This item inserts new clause 20B in the original Agreement, providing for motor vehicle noise and emission standards to be developed in conjunction with the National Environment Protection Council (NEPC) in the development of, as provided for in new section 10B (at item 32 of the Bill).

Item 2(z) also inserts new clause 20C, which requires the Commission to prepare strategic plans as provided in new Part 6A of the Act.

Item 2(za)

This item deletes paragraph 21(1)(b), and provides in its place for the Commission to comprise five part-time ordinary members and the Chief Executive of the Commission.  This is consistent with the provision made in the Bill at item 12 of Schedule 1.

Item 2(zb)

This item makes a number of consequential amendments to change references to ‘member’ or similar phrases to ensure that they apply to ‘ordinary members’, and not to the Chief Executive of the Commission.

Item 2(zc)

This item amends paragraph 21(2) to allow New Zealand to request membership on the Commission.  As the Commission will be responsible for recommending to the Australian Transport Council that it recommend Trans-Tasman road vehicle standards to COAG, provision has been made for New Zealand to request that it be represented on the Commission to consider these matters.  Under proposed subsection 6(4) of the Act, the Australian Transport Council is to consider such a request, and may make a declaration that New Zealand may nominate an ordinary member.

This item provides, consistent with the Bill, that if ATC makes such a declaration they will nominate a person put forward by New Zealand, so long as there is an available vacancy and there is not already a New Zealand member.  Once the decision to allow New Zealand to nominate a member is made, then New Zealand is able to freely determine which person will represent it on the Commission.

Item 2(zd)

This item amends subclause 21(5) to ensure that Commission members may be reappointed.  This recognises that Ministers may wish to retain the services of individuals for more than two terms, if those individuals, through their abilities, skills and experience, can continue to add value to the work of the Commission.

Item 2(ze)

This item amends the provisions in clause 22 defining the quorum for meetings of the Commission.  As the Commission has been expanded to allow up to five members to be appointed, the quorum has been correspondingly expanded to three.  The amendment also provides that the New Zealand member, if one has been appointed, should be included in the quorum when the Commission considers TTMRA matters.

Item 2(zf)

This item amends clause 27(1) to limit the role of the Commission with respect to the internal administration of States and Territories in applying national road transport legislation, no matter how implemented.  This is necessary because of the new paragraph 8A inserted by item 2(j).

Item 2(zg)

This item inserts new clause 31A which allows the Commission to accept funds from New Zealand.  If New Zealand wishes to nominate a member to the Commission, under the Act the Australian Transport Council is to consider what undertakings it has made or funds it has provided under this clause.

Item 2(zh)

This item amends the provisions in subclause 38(1) of the Agreement providing for the review of the Act and Road Transport Legislation.

Item 2(zh)(a) provides that the review report should be prepared 12 months prior to the expiry of the Act.  This will ensure that, if legislative amendment is necessary, there is sufficient time for the necessary consultation between the parties, drafting and passage of legislation.  Six months has proven manifestly inadequate in the case of the first Review.

Item 2(zh)(b) removes the reference to the expiry of the Commonwealth Road Transport Legislation, as amendments cited above (Schedule 2 of the Bill and item 2h of this amending Agreement) have removed the provisions tying the life of this legislation to the sunset of the Act.

As the Australian Transport Council is to be responsible for undertaking future reviews, item 2(zh)(c) replaces the original provision for the Commission to undertake the review.

Items 2(zh)(d), (e) and (f) are consequential amendments to the removal of the application of the sunset to the Commonwealth Road Transport Legislation.

Item 3

Item 3 provides that the parties wish to confirm the commitments they made under the Heavy Vehicles Agreement in all other respects to those amended in this amending Agreement.

SCHEDULE 2A - FIRST LIGHT VEHICLES AMENDING AGREEMENT

The First Light Vehicles Amending Agreement is an agreement made between the Commonwealth of Australia, the states of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Northern Territory and the Australian Capital Territory.  Despite its membership of the Australian Transport Council, and the provision made to allow for its representation with regard to matters relating to Trans-Tasman road vehicle standards, New Zealand is not a party to the Agreement.

Recitals

The Recitals identify the Light Vehicles Agreement as the ‘Principal Agreement’, which all the parties wish to amend.

Item 1

Item 1 provides that the First Heavy Vehicles Amending Agreement will come into force immediately on signature by all Heads of Government.  Once the Agreements commence, the Act can also be commenced by proclamation.

Item 2

Item 2 contains the amendments to be made to the Principal Agreement.

Item 2(a)

Item 2(a) cross references the amended principles to which Heads of Government are committing to at Recital C of the Heavy Vehicles Amending Agreement.  It also repeats the Heads' of Government recommitment to the road transport reform process, with consultative involvement of all stakeholders. 

Item 2(b)

Item 2(b) adds three new recitals to the Light Vehicles Agreement.

New Recital G outlines the relevant part of the Trans Tasman Mutual Recognition Arrangement, which provides for a cooperative scheme to be developed whereby road vehicles certified as meeting trans-Tasman road vehicle standards will be able to be freely traded between Australian and New Zealand.  This provides the context for provisions that provide for the Commission and the Australian Transport Council to consider these standards, and to allow for New Zealand involvement in this consideration.

New Recital H indicates that the parties intend to progressively apply the substance of the Commonwealth Light Vehicles Transport Legislation as it is enacted. Clause 8(1) of the Light Vehicles Agreement contemplated that when a complete body of integrated Commonwealth Light Vehicles Transport Legislation is available, this would be automatically applied by all States and Territories.  As this legislation is now being developed in a ‘modular’ fashion, the parties have agreed to progressively implement, through their own legislative processes, the substance of the modules of Commonwealth law as they are enacted, prior to the implementation of the integrated body of Commonwealth legislation.  The flexibility afforded to the jurisdictions in meshing the substance of the reforms with the bulk of their own law is intended to ensure that the reforms are delivered to industry as soon as possible.  New clause 8A specifies in more detail how this is to be achieved.

New Recital I reflects agreement that has been reached between the Commonwealth and the other parties that it is appropriate in some circumstances that the Australian Defence Force is able to operate at variance with the Light Vehicles Transport Legislation.  The details of how Defence may operate at variance to the relevant Commonwealth, State and Territory law are spelt out by the new sections 41B to 41G in the Act.

Item 2(c)

This item inserts a number of new definitions into the Agreement.

The 'amended Act' is defined as the National Road Transport Commission Act 1991 as amended from time to time.  The Act was first amended by the National Road Transport Commission Amendment Act 1992 (NRTC Amendment Act 1992), which incorporated the Light Vehicles Agreement into the Act as a schedule.

‘Australian Transport Council’ is defined, because that Ministerial Council will assume the functions and roles of the Ministerial Council for Road Transport, which was established by the Light Vehicles Agreement.  Transport Ministers decided to rationalise their Council structure in this way because the Councils had common membership and their business was conducted at the same meetings.  As the Australian Transport Council consists of two Ministers from some jurisdictions (such as NSW), and one from the remainder, for the purposes of this Agreement each jurisdiction will have only one vote.  Which Minister will exercise that vote will be a matter for the particular jurisdiction.  New Zealand is a member of the Australian Transport Council. 

‘COAG’ is defined as the Council of Australian Governments.  Under the Trans Tasman Mutual Recognition Arrangement, COAG has the final discretion in deciding trans-Tasman road vehicle standards.

‘The First Light Vehicles Amending Agreement’ is defined as this Agreement.

‘New Zealand Minister is defined under this Agreement as the New Zealand Minister responsible for TTMRA road vehicle standards.  

‘TTMRA road vehicle standards’ are defined as trans-Tasman road vehicle standards developed under the Trans Tasman Mutual Recognition Arrangement (TTMRA), as they relate to Light Vehicles.  This reflects that the Light Vehicles Agreement applies to Light Vehicles (that is, those with a gross mass of less that 4.5 tonnes).

Item 2(d)

This Item amends the definition of ‘Voting Member’ to define when the New Zealand Australian Transport Council member will participate in voting.  New Zealand will not participate in most matters, which will relate to road transport reform within Australia, but will participate in voting on matters related to TTMRA road vehicle standards.

Item 2(e)

Subclause 7(4), which limited the life of the NRTC Amendment Act 1992 and the Commonwealth Light Vehicle Transport Legislation to the term of the Act, is deleted.  The further six year life of the Act is adequately dealt with in the amending Bill and the Heavy Vehicles Agreement, and this deletion also effects the removal of the application of the sunset clause to the Light Vehicles Transport Legislation.

Item 2(f)

Item 2(f) amends subclause 8(1) of the original Light Vehicles Agreement to make it subject to the amendments in the following item, 2(g).

Item 2(g)

This item inserts new clauses 8A, 8B and 8C.  These will follow the existing clause 8 of the Light Vehicles Agreement.

While subclause 8(1) provides that the States and the Northern Territory will automatically adopt the Commonwealth Light Vehicles Transport Legislation enacted in the Australian Capital Territory, the parties have decided that, for the time being, the States and the Northern Territory will progressively apply the substance of this legislation.  Clause 8A provides that they will do this so as to provide a uniform or consistent national operating environment for road transport.  This is a fundamental aim of the Agreement. 

The Commonwealth will continue to enact, on behalf of the Australian Capital Territory, the Commonwealth Light Vehicles Transport Legislation developed by the National Road Transport Commission in conjunction with the parties, and approved by the Australian Transport Council.  The other parties, by progressively applying the substance of this legislation, will provide a uniform or consistent national operating environment, but will be able to do so through their own legislative frameworks, which will enable them to get the reforms in place considerably more quickly than they have been able to do to date. 

Clause 8(A) is expressed to operate until a decision is made under clause 8(B).  Clause 8(B) provides that within three years of the First Heavy Vehicles Amending Agreement being executed, (or such later time as it decides), the Australian Transport Council will review the preferred means of implementing a uniform or consistent nationally integrated road transport law, and make recommendations to Heads of Government.  Currently this is the mechanism outlined in subclause 8(1), which requires automatic adoption.  Clause 8(B) provides that Heads of Government will decide the preferred mechanism by unanimous vote.

New clause 8C supports the Defence exemption provisions in the Bill.

Item 2(h)

This item adds a new Part IVA, consisting of a new clause 8D.  This clause has the effect of giving all roles and responsibilities under the Agreement that were formerly exercised by the Ministerial Council for Road Transport to the Australian Transport Council.

This item also provides that where the term 'Ministerial Council' appears in the Agreement, it will now mean the Australian Transport Council.

Clause 8D finally includes the New Zealand Minister in the Australian Transport Council's role under this Agreement, in relation to TTMRA road vehicle standards.  This reflects that the New Zealand Government will not ordinarily be involved in matters concerning road transport reform within Australia.

Item 2(i)

This item adds TTMRA road vehicle standards to the matters on which the Australian Transport Council may consider policy questions under paragraph 9(a) of the original Agreement.  This reflects the addition of this significant new element into the Agreement.

Item 2(j)

This item extends the functions of the Ministerial Council by inserting new paragraph 9(aa).
 
New paragraph 9(aa) provides that the Council may recommend to COAG that it agree a TTMRA road vehicle standard.  Under the TTMRA, COAG is to have the final decision on trans-Tasman standards agreed by the Australian Transport Council.

Item 2(k)

This item adds a new subclause 10(4) to the Light Vehicles Agreement to provide for Australian Transport Council meetings to consider a matter concerning TTMRA road vehicle standards, all members of the Council (including the New Zealand member) must have been given 28 days notice (or such shorter period as they unanimously accept).  A vote on a recommendation to COAG on a TTMRA road vehicle standard cannot be taken by the Australian Transport Council unless such notice has been given.  This notice would be given by the Commission.  This provision ensures that all parties, including New Zealand, have acceptable notice of proposed consideration of TTMRA road vehicle standards matters.

Item 2(l)

This item replaces clause 13 of the original Agreement with a new clause that incorporates the voting requirements specified in the previous clause 13 and specifies the voting requirements for TTMRA road vehicle standards.  Clause 6(5) of the TTMRA provides that a trans-Tasman standard, agreed by Ministers, is to be implemented unless COAG disapproves it by a vote of one third or more.  To ensure that voting at Ministerial level is undertaken so that the result will not change without a deliberate change in the vote of an Australian jurisdiction or of New Zealand at COAG level, this provision provides that a standard to be recommended to COAG will go forward unless it is similarly disapproved by a vote of one third or more.

Items 2(m), 2(n), 2(o), 2(p) and 2(q)

As Papua New Guinea already has observer status on the Australian Transport Council, from the date of these amendments it will also have observer status on the Ministerial Council under this Agreement.  These items amend the provisions in clause 15 that currently provide for the observer status of the Australian Local Government Association to include Papua New Guinea.

Item 2(r)

The functions of the National Road Transport Commission are outlined under clause 17 of the Light Vehicles Agreement.  They are closely aligned with the responsibilities of the Ministerial Council under clause 9.  Thus it is necessary to make similar amendments under clause 17 to those made under clause 9 to ensure that the Commission can provide the necessary support to the Australian Transport Council.

This item inserts in clause 17(1) provision to make explicit that the Commission has a responsibility to facilitate the implementation of road transport reforms.  The reforms can only be of benefit when they are implemented, and to successfully fulfil its obligations the Commission is required to do what it can to make implementation of these reforms easy for the parties.

Item 2(s)

Item 2(s) amends subclause 17(1) to provide for additional matters on which the Commission may make recommendations to the Australian Transport Council.  

New paragraph 17(1)(aa) covers amendments of the Light Vehicles Transport Legislation - this makes clear that once the Light Vehicles Transport Legislation is in place, maintaining its usefulness and relevance to an evolving road transport environment will become more and more important.

New paragraph 17(1)(ab) provides that the Commission may make recommendations on road transport reforms that are not covered by the Light Vehicles Transport Legislation.  This allows reforms that could be implemented without legislation to be recommended by the Commission.

Under new paragraph 17(1)(ac) the Commission may make recommendations to the Australian Transport Council on recommendations to COAG on TTMRA matters.  This allows for the fact that Council does not make the final decision, but must agree a recommendation to COAG on a TTMRA standard.

Item 2(t)

Under the original Act and Agreements, the Commission was responsible for undertaking a review into its own legislation.  This is being amended to give the Australian Transport Council the responsibility to undertake the review and report to Heads of Government. Paragraph 17(1)(c) gave the Commission the function of making recommendations in the review.  This item deletes this responsibility. 

Item 2(u)

Subclause 17(3) of the original Light Vehicles Agreement already provides for the NRTC to develop motor vehicle noise and emission standards for light vehicles in conjunction with the National Environment Protection Authority.  The amendments at section 10B of the Bill and item 2(z) of the First Heavy Vehicles Amending Agreement are consistent with this provision.

However, this item amends subclause 17(3) in the original Agreement to recognise that since the National Environment Protection Act 1994 came into force, the National Environment Protection Authority is known as the National Environment Protection Council (NEPC).

Item 2(v)

Item 2(v) inserts a new subclause 17(9), which requires the Commission to undertake strategic plans in relation to Light Vehicles as provided in new Part 6A of the Act.

Item 2(w)

This item amends clause 19 to limit the role of the Commission with respect to the internal administration of States and Territories in applying national road transport legislation, no matter how implemented.  This is necessary because of the new paragraph 8A inserted by item 2(h).

Item 2(x)

This item amends the provisions in clause 29(1) of the original Agreement providing for the review of the Act and the Light Vehicles Transport Legislation.

Item 2(x)(a) provides that the review report should be prepared 12 months prior to the expiry of the Act.  This will ensure that, if legislative amendment is necessary, there is sufficient time for the necessary consultation between the parties, drafting and passage of legislation.  Six months was manifestly inadequate.

Item 2(x)(b) removes the reference to the expiry of the Commonwealth Light Vehicles Transport Legislation, as amendments cited above (Schedule 2 of the Bill and item 2(e) of this Agreement) have removed the provisions tying the life of this legislation to the sunset of the Act.

As the Australian Transport Council is to be responsible for undertaking future reviews, item 2(x)(c) replaces the original provision for the Commission to undertake the review.

Items 2(x)(d), (e) and (f) are consequential amendments to the removal of the application of the sunset to the Commonwealth Light Vehicles Transport Legislation.

Item 2(y)

This item amends subclause 29(3) amending the reference to the Act to ensure that the reference is to the amended Act, as defined in item 2(c).

Item 3

Item 3 provides that the parties wish to confirm the commitments they made under the Light Vehicles Agreement in all other respects to those amended in this amending Agreement.

Schedule 2 - Amendment of other Acts

The Road Transport Reform (Dangerous Goods) Act 1995, the Road Transport Reform (Heavy Vehicles Registration) Act 1997 and the Road Transport Reform (Vehicles and Traffic) Act 1993 all cease to be in force when the National Road Transport Commission Act 1991 ceases.  While the application of a sunset to an Act establishing a statutory body is soundly defensible, the continuity of these pieces of 'Road Transport Reform' legislation is crucial to provide the road transport industry with a stable operating environment.  Accordingly, this link is to be broken to ensure that these Acts will not automatically expire with the expiry or repeal of the Act.  However, under the Heavy and Light Vehicles Agreements they will continue to be subject to review by the Australian Transport Council at least every six years.

Item 1 repeals section 8 of the Road Transport Reform (Dangerous Goods) Act 1995.

Item 2 repeals section 7 of the Road Transport Reform (Heavy Vehicles Registration) Act 1997.

Item 3 repeals section 5 of the Road Transport Reform (Vehicles and Traffic) Act 1993.