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Road Charges Legislation Repeal and Amendment Bill 2008

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5680- revised

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Road Charges Legislation Repeal and Amendment Bill 2008

 

 

(1)     Page 2 (after line 11), after clause 3, insert:

4  Review of Heavy Vehicle Safety and Productivity Program

             (1)  The Minister must cause a review of the Heavy Vehicle Safety and Productivity Program to be conducted.

             (2)  The review must:

                     (a)  start on the third anniversary of the commencement of this section; and

                     (b)  be completed within 6 months.

             (3)  The Minister must cause a written report about the review to be prepared.

             (4)  The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.

[review of the Heavy Vehicle Safety and Productivity Program]

(2)     Schedule 3, item 4, page 5 (lines 16 to 18), omit “(as indexed in accordance with regulations made for the purposes of subsection (8))”.

[prohibition on indexing road user charge]

(3)     Schedule 3, item 4, page 5 (lines 24 and 25), omit subsection (8).

[prohibition on indexing road user charge]



(4)     Schedule 3, page 5, after item 4, insert:

4A  At the end of Division 43

Insert:

43-15  Consultation on increase of road user charge

            (1)   Regulations prescribing the rate of the *road user charge for the purposes of the definition in subsection 43-10(7) must not prescribe an increase in that rate except in accordance with this section.

            (2)   Subject to subsection (3), the *Transport Minister may determine, by legislative instrument, a proposed increase in the amount of the *road user charge.

            (3)   Before making a legislative instrument for the purposes of subsection (2) the *Transport Minister must:

(a)    provide a 60-day public consultation period on the proposal to increase the rate of the charge, including a call for public submissions; and

(b)    publish before the start of the public consultation period all the expenditure figures and revenue estim ates, statistics, formulas, methods and inputs used to calculate the proposed rate of the charge and a statement explaining the reasons for the proposed increase; and

(c)    have regard to any submissions received during the public consultation period.

            (4)   At the end of the period during which a legislative instrument made under subsection (2) is disallowable, the regulations may be amended to increase the rate of the *road user charge for the purposes of the definition in subsection 43-10(7) by the amount determined by that legislative instrument.

            (5)   A legislative instrument made for the purposes of the definition of *road user charge must not prescribe a method for indexing or otherwise increasing the charge.

 [definition and rate of road user charge]

(5)     Schedule 3, items 7, page 6 (lines 2 and 3), to be opposed .

[definition and rate of road user charge]



5680-EM

 

 

 

Road Charges Legislation Repeal and Amendment Bill 2008

 

 

(Request for amendments to be moved by the Leader of the Family First Party, Senator Fielding, in committee of the whole)

 

 

Statement pursuant to the order of

the Senate of 26 June 2000

 

 

 

 



These amendments are framed as requests because they are to a bill which imposes taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation

 

 

 

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

 



As this is a bill imposing taxation within the meaning of section 53 of the Constitution, any Senate amendment to the bill must be moved as a request. This is in accordance with the precedents of the Senate.