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Road Transport Charges (Australian Capital Territory) Repeal Bill 2008

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2008

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

House of Representatives

 

 

 

 

 

Road Transport Charges (Australian Capital Territory) Repeal Bill 2008

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Infrastructure, Transport, Regional Development and Local Government, the Honourable Anthony Albanese MP.)

 

 

 

 

 

 

 

Road Transport Charges (Australian Capital Territory)

Repeal Bill 2008

 

OUTLINE

 

The purpose of the Road Transport Charges (Australian Capital Territory) Repeal Bill 2008 (the Bill) is to repeal the Road Transport Charges (Australian Capital Territory) Act 1993 (the Act) and parts of the Road Transport Reform (Heavy Vehicles Registration) Act 1997 (the Heavy Vehicles Registration Act) which refer to the ACT Act.  This will allow the implementation of the new national heavy vehicle charges in accordance with the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport (the Inter-Governmental Agreement) entered into between the Commonwealth of Australia, the States and Territories.

 

The Inter-Governmental Agreement sets out principles and processes for cooperation between the Commonwealth, States and Territories to progress regulatory and operational reform for road, rail and intermodal transport, in order to deliver and sustain nationally consistent transport outcomes. 

 

Specifically, as a part of the process for cooperation between the Commonwealth and the States and Territories, section 14.5 of the Inter-Governmental Agreement provides that ‘the Commonwealth, in agreement with the Australian Capital Territory (ACT) and other relevant Parties will, as soon as is practicable, repeal any Road Transport Legislation that has been enacted by the Commonwealth on behalf of the ACT’. 

 

The Act and parts of the Heavy Vehicles Registration Act were enacted by the Commonwealth on behalf of the ACT.  The Act was designed to help deliver nationally consistent heavy vehicle registration charges.  It was a regulatory tool used for the purposes of allowing jurisdictions to adopt or reference the national charges within their own respective legislative arrangements.

 

The Inter-Governmental Agreement also specifies that agreed national reforms in the form of model legislation will be implemented by all jurisdictions within their own legislative frameworks

 

Repealing the Act will enable the ACT to implement the new heavy vehicles charges determination within their legislative framework in the same manner as the other States and Territories.

 

FINANCIAL IMPACT STATEMENT

 

There is no financial impact on the Australian Government.

 

REGULATION IMPACT STATEMENT SUMMARY

 

A Regulation Impact Statement was prepared as part of the process of developing the new national heavy vehicle charges. A separate RIS has not been completed for this repeal as it will not have any significant regulatory impact.



 

 

Road Transport Charges (Australian Capital Territory)

Repeal Bill 2008

 

NOTES ON CLAUSES

 

Clause 1:  Short Title

 

1.         This clause provides for the Act to be called the Road Transport Charges (Australian Capital Territory) Repeal Act 2008.

 

Clause 2:  Commencement

 

2.1               Subclause 2(1) provides that each provision in the Bill specified in column 1 of the table incorporated in the subclause commences or is taken to have commenced immediately before the commencement of the Interstate Road Transport Charge Amendment Act 2008 on 1 July 2008 in column 2.This clause provides for section 1 to 3 and anything in this Act not elsewhere covered by this table to come into effect on the day it receives Royal Assent.  The provisions set out in Schedule 1 and 2 are to come into effect immediately before the commencement of the Interstate Road Transport Charge Amendment Act 2008.

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2.2               Subclause 2(2) provides that column 3 of the table incorporated in subclause 2(1) is for additional information that does not form part of the proposed Act.

 

Clause 3:  Schedule(s)

 

3.         This clause provides for the repeal or amendment of the Acts set out in the Schedules to the Act.

 

Schedule 1 - Repeal of the Road Transport Charges (Australian Capital Territory) Act 1993

 

Item 1

 

1.         Item 1 repeals the whole of the Road transport Charges (Australian Capital Territory) Act 1993 .

 

Schedule 2 - Amendments

 

Item 1

 

1.         Items 1 and 2 are consequential amendments to the Road Transport Reform (Heavy Vehicles Registration) Act resulting from the repeal of the Interstate Road Transport (Australian Capital Territory) Act 1993.