Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Road Transport (Vehicle Registration) Act 1997 to enable
registration charges to be imposed on heavy vehicles in accordance with
nationally agreed reforms,

(b) to repeal the Road Transport (Heavy Vehicles Registration Charges) Act 1995
and the Road Transport (Heavy Vehicles Registration Charges)
Regulation 2006,

(c) to make consequential amendments to certain other Acts and Regulations.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.

Clause 3 repeals the Road Transport (Heavy Vehicles Registration Charges)
Act 1995.

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Bill 2009
Explanatory note
Clause 4 repeals the Road Transport (Heavy Vehicles Registration Charges)
Regulation 2006.

Schedule 1 Amendment of Road Transport (Vehicle
Registration) Act 1997 No 119
Registration charges for heavy vehicles
Schedule 1 [5] inserts a new Part in the Road Transport (Vehicle Registration)
Act 1997 dealing with registration charges for chargeable heavy vehicles. A
chargeable heavy vehicle is a motor vehicle or trailer that has a mass of more than
4.5 tonnes.

The new Part contains the following provisions:

(a) Proposed section 17 contains definitions for terms and expressions used in the
new Part.

(b) Proposed section 17A provides that the annual registration charge for a
chargeable heavy vehicle that is registered, or the registration of which is
renewed, during a particular financial year is the amount for the type or kind
of vehicle specified by, or calculated in accordance with, the regulations.

(c) Proposed section 17B prevents the registration charge for a chargeable heavy
vehicle that is a primary producer’s vehicle from exceeding the motor vehicle
tax that would be payable for the vehicle were it to be taxed under the Motor
Vehicles Taxation Act 1988. The proposed section substantially re-enacts the
provisions of section 10 of the Road Transport (Heavy Vehicles Registration
Charges) Act 1995.

(d) Proposed section 17C provides for the determination of registration charges
for periods of registration that are shorter than 12 months. An additional
administration fee is payable for registrations of less than 12 months. The
proposed section substantially re-enacts the provisions of section 7 (2)–(4) of
the Road Transport (Heavy Vehicles Registration Charges) Act 1995.

(e) Proposed section 17D defines registration charges to include administration
fees for the purposes of Division 4 (When registration charges payable) of the
new Part. The proposed section substantially re-enacts the provisions of
section 11 of the Road Transport (Heavy Vehicles Registration Charges)
Act 1995.

(f) Proposed section 17E requires registration charges to be paid when an
application is made for registration or a renewal of registration of a chargeable
heavy vehicle. It is an offence not to pay the charges (maximum penalty of
$2,200 for an individual or $11,000 for a corporation). The proposed section
substantially re-enacts the provisions of section 12 of the Road Transport
(Heavy Vehicles Registration Charges) Act 1995.

(g) Proposed section 17F makes it an offence for an owner of a chargeable heavy
vehicle to use or drive the vehicle, or cause or permit the vehicle to be driven,

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Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges)
Bill 2009
Explanatory note
on a road or road related area if the vehicle is not registered or the registration
charges for the vehicle have not been paid. The maximum penalty is $2,200
for an individual or $11,000 for a corporation. The proposed section
substantially re-enacts the provisions of section 13 of the Road Transport
(Heavy Vehicles Registration Charges) Act 1995.

(h) Proposed section 17G requires the Roads and Traffic Authority (the
Authority) to determine registration charges and administration fees under the
new Part. The proposed section substantially re-enacts the provisions of
section 17 of the Road Transport (Heavy Vehicles Registration Charges)
Act 1995.

        (i) Proposed section 17H enables the Authority or an appropriate officer to
require vehicle owners and other persons in charge of vehicles to produce
vehicles and provide information so that the Authority may determine whether
and what charges are payable under the new Part. It is an offence not to comply
with the requirement and also an offence to provide information knowing it to
be false or misleading (maximum penalty of $2,200 for an individual or
$11,000 for a corporation for both offences). The proposed section
substantially re-enacts the provisions of section 18 of the Road Transport
(Heavy Vehicles Registration Charges) Act 1995.

(j) Proposed section 17I enables the Authority at any time to adjust the charges
or administration fees payable for the purpose of complying with the new Part
and to require payment of charges or fees or additional charges or fees payable
after such an adjustment. It is an offence not to comply with the requirement
(maximum penalty of $2,200 for an individual or $11,000 for a corporation for
both offences). The proposed section substantially re-enacts the provisions of
section 19 of the Road Transport (Heavy Vehicles Registration Charges)
Act 1995.

(k) Proposed section 17J requires changes, during the currency of registration of
a chargeable heavy vehicle, in the construction, equipment, configuration, use
or ownership of the vehicle to be notified to the Authority. The appropriate
amount of charges or additional charges must be paid forthwith to the
Authority. It is an offence not to pay the charges (maximum penalty of $2,200
for an individual or $11,000 for a corporation). The proposed section
substantially re-enacts the provisions of section 20 of the Road Transport
(Heavy Vehicles Registration Charges) Act 1995.

(l) Proposed section 17K sets out the way charges or additional charges payable
under proposed section 17J are to be calculated. The proposed section
substantially re-enacts the provisions of section 21 of the Road Transport
(Heavy Vehicles Registration Charges) Act 1995.

(m) Proposed section 17L gives the Authority the discretion to refund charges
when the registration of a chargeable heavy vehicle is cancelled before it
expires on the application of the person in whose name the vehicle is
registered. The proposed section substantially re-enacts the provisions of

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Bill 2009
Explanatory note
section 22 of the Road Transport (Heavy Vehicles Registration Charges)
Act 1995.

(n) Proposed section 17M restricts the time within which a refund may be
granted to 3 years or less from the date of payment of the registration charges.

The proposed section substantially re-enacts the provisions of section 23 of the
Road Transport (Heavy Vehicles Registration Charges) Act 1995.

(o) Proposed section 17N makes it an offence to use or drive, or to cause or
permit to be driven, a chargeable heavy vehicle registered by the
Commonwealth or another State or Territory on a road or road related area in
a configuration that is different from the configuration under which it is
registered or exempt from registration (maximum penalty $11,000). It is not
an offence if the changed configuration would result in the same or lower
registration charges in the jurisdiction in which it is registered or so exempt.

The proposed section substantially re-enacts the provisions of section 31 of the
Road Transport (Heavy Vehicles Registration Charges) Act 1995.

(p) Proposed section 17O makes it clear that the new Part does not affect powers
under the road transport legislation or other Acts to charge fees or charges or
take actions relating to vehicle registration. The proposed section substantially
re-enacts the provisions of section 32 of the Road Transport (Heavy Vehicles
Registration Charges) Act 1995.

(q) Proposed section 17P requires the relevant registrar of the Local Court to
send particulars of convictions or orders for the payment of money under the
new Part to the Authority. It also enables orders for the payment of money to
be treated as orders for the payment of money under the Civil Procedure
Act 2005. The proposed section substantially re-enacts the provisions of
section 34 of the Road Transport (Heavy Vehicles Registration Charges) Act
1995.

(r) Proposed section 17Q provides for the Authority or an appropriate officer to
issue certificates to be used in proceedings as evidence of matters under the
new Part, including amounts owing for registration charges. The proposed
section substantially re-enacts the provisions of section 35 of the Road
Transport (Heavy Vehicles Registration Charges) Act 1995.

(s) Proposed section 17R enables the Minister, the Authority or an appropriate
officer to revoke or vary or impose conditions on certain actions that may be
taken by the Minister or the Authority under the new Part or the regulations. It
is an offence to fail to comply with a condition in force under the proposed
section (maximum penalty of $2,200 for an individual or $11,000 for a
corporation). The proposed section substantially re-enacts the provisions of
section 36 of the Road Transport (Heavy Vehicles Registration Charges)
Act 1995.

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(t) Proposed section 17S appropriates from the Consolidated Fund into the
Roads and Traffic Authority Fund amounts received for charges and
administration fees under the proposed Act. The proposed section
substantially re-enacts the provisions of section 37 of the Road Transport
(Heavy Vehicles Registration Charges) Act 1995.

Schedule 1 [1]–[4], [6] and [7] make various amendments to the Act that are
consequential on the repeal of the Road Transport (Heavy Vehicles Registration
Charges) Act 1995 and the enactment of the new registration charges provisions.

Savings and transitional provisions
Schedule 1 [8] amends clause 1 of Schedule 3 to the Act to enable the Governor to
make regulations of a savings or transitional nature consequent on the enactment of
the proposed Act.

Schedule 1 [9] inserts a new Part in Schedule 3 to the Act containing provisions of a
savings or transitional nature consequent on the enactment of the proposed Act.

Schedule 2 Consequential amendment of other Acts
and Regulations
Schedule 2 makes amendments to certain Acts and Regulations that are
consequential on the repeal of the Road Transport (Heavy Vehicles Registration
Charges) Act 1995 and the enactment of the new registration charges provisions.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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