2008 - 2009

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

House of Representatives

 

 

 

 

 

Road Transport Reform (Dangerous Goods) Repeal Bill 2009

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Road Transport Reform (Dangerous Goods)

Repeal Bill 2009

 

OUTLINE

 

The purpose of the Road Transport Reform (Dangerous Goods) Repeal Bill 2009 (the Bill) is to repeal the Road Transport Reform (Dangerous Goods) Act 1995.  This will allow the ACT Government to implement the agreed model dangerous goods transport legislation 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 current Dangerous Goods Act was enacted by the Commonwealth on behalf of the ACT.  The Road Transport Reform (Dangerous Goods) Act 1995 was a ‘template’ legislative approach designed to deliver nationally consistent provisions for the transport of dangerous goods by enabling all other jurisdictions to adopt or reference the national legislation within their respective legislative arrangements.

 

The Inter-Governmental Agreement now specifies that agreed national reforms in the form of ‘model’ legislation will be implemented by all jurisdictions, including the ACT, within their own legislative frameworks, removing the reliance on overarching template legislation.

 

Repealing the Act will remove the legislative barrier to the ACT implementing the new dangerous goods model legislation, and the updated 7 ^th edition of the Australian Dangerous Goods Code, 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 by the National Transport Commission as part of the process of developing the new dangerous goods reform package. A separate RIS has not been completed for this repeal as it will not have any significant regulatory impact.

NOTES ON CLAUSES

 

Clause 1:  Short Title

This clause provides for the Act to be called the Road Transport Reform (Dangerous Goods) Repeal Act 2009 .

 

Clause 2:  Commencement

Subclause 2 (1) provides that each of the provisions in the Bill specified in column 1 of the table commences or is taken to have commenced in the time specified in column 2.

 

The first provision of the table provides that sections 1 to 3 and anything in the Act not elsewhere covered by the table comes into effect on the day the Act receives Royal Assent.

 

The second provision of the table provides that schedule 1 comes into effect on a day to be fixed by proclamation, however if any of the provisions do not commence within six months beginning on the day that this Act receives royal assent, they commence on the first day after the end of that period. This provision commences on a date set by proclamation as the ACT requires some flexibility with the commencement date of the repeal, to suit their legislative processes and to ensure that a seamless transfer to the new dangerous goods transport provisions occurs.

 

Clause 3:  Schedules

This clause specifies that the Act that is specified in the schedule to this Act is repealed in the way described in the schedule.

 

Schedule 1 - Repeal of the Road Transport Reform (Dangerous Goods) Act 1995

 

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

 

 

PART 2  - TRANSITIONAL PROVISIONS

 

2 - Pre-commencement offences

Sub-item(1) (a) (b) and (c) specify that despite the repeal of the Road Transport Reform (Dangerous Goods) Act 1995 that the Act continues to apply in relation to an offence committed before the commencement of this repeal, or for proceedings for an offence alleged to have been committed before the commencement of this item, or for any matter connected with or arising out of such proceedings.

 

Sub-item (2) specifies that sub-item 1 does not limit the operation of Section 8 of the Acts interpretation Act 1901.

 

3 - Recovery of costs of government actions

This provision specifies that despite the repeal, Section 44 of the Act, that allows for the recovery of costs of government actions, continues to apply in relation to an incident that occurred before the commencement of this item.

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4 - Liability for pre-commencement acts and omissions

This provision specifies that sections 48 and 49 continue to apply in relation to an act or omission that occurred before the commencement of this item.

 

5 - Laws of the Australian Capital Territory

This provision clarifies, to avoid any doubt, that a law of the ACT may make provision in relation to transitional matters arising from this repeal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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