Commonwealth of Australia Explanatory Memoranda

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NATIONAL TRANSPORT COMMISSION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2003

2002-2003



THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



HOUSE OF REPRESENTATIVES



NATIONAL TRANSPORT COMMISSION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2003



EXPLANATORY MEMORANDUM



(Circulated by authority of the Minister for Transport and Regional Services,
the Honourable John Anderson, MP)

NATIONAL TRANSPORT COMMISSION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2003

OUTLINE

The purpose of the Bill is to:

• amend Commonwealth legislation that will be affected by the repeal of the National Road Transport Commission Act 1991 or the provisions of the National Transport Commission Bill 2003; and
• provide for matters of a transitional nature arising out of the repeal of the National Road Transport Commission Act 1991.

Financial impact statement

There is no financial impact associated with this Bill.


NATIONAL TRANSPORT COMMISSION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2003

NOTES ON CLAUSES

Clause 1: Short Title

1. This clause provides for the Bill, when passed, to be cited as the National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003.

Clause 2: Commencement

2. This clause deals with the commencement of the proposed Act. The commencement provisions are tied to commencement of the cognate National Transport Commission Act 2003 (NTC Act 2003) and the repeal of the National Road Transport Commission Act 1991 (NRTC Act). By not allowing the NRTC Act to sunset but rather repealing it, there will be a seamless transfer of assets and liabilities between the NRTC and the National Transport Commission (the Commission). This Bill accordingly provides for both the repeal of the sunset provisions at section 46 of the NRTC Act on the day the proposed Act receives Royal Assent and the repeal of the whole of NRTC Act when section 3 of the proposed NTC Act 2003 commences. The sunset provisions in the NRTC Act would otherwise come into effect on 14 January 2004.

The Short title, Commencement and Schedules provisions of the proposed Act will commence on Royal Assent, with the operative provisions contained in the Schedules to commence on Proclamation of the proposed NTC Act 2003.

Clause 3: Schedules

This clause provides for the amendment of the National Environment Protection Council Act 1994 and the Road Transport Charges (Australian Capital Territory) Act 1993 and repeal of the NRTC Act as set out in the schedule.

SCHEDULE 1 – Amendments and repeal

National Environment Protection Council Act 1994

Item 1 – Paragraph 14(2)(a)

This item substitutes the reference to the NRTC with a reference to the Commission, so that certain vehicle noise and emission standards will be developed and agreed in conjunction with the Commission rather than its predecessor the NRTC.

Item 2 – Paragraph 14(2)(b)

This item substitutes the reference to the NRTC Act with a reference to the NTC Act 2003, so that certain vehicle noise and emission standards will be determined in accordance with the proposed NTC Act 2003 rather than the NRTC Act.

National Road Transport Commission Act 1991

Item 3 – Section 46

This item provides for the repeal of the sunset provision to enable a seamless transition to the Commission when the proposed NTC Act 2003 commences.

Item 4 – The whole of the Act

This item provides for the repeal of the whole NRTC Act to enable its replacement by the proposed NTC Act 2003.

Road Transport Charges (Australian Capital Territory) Act 1993

Item 5 - Subsection 3A(3)

Item 6 - Subclause 5(2) of Part 4 of the Schedule (definition of most recent annual report)

Item 7 - Paragraph 5(4)(a) of Part 4 of the Schedule

Item 8 - Subclause 5(5) of Part 4 of the Schedule

Items 5 to 8 substitute references to the NRTC with references to the Commission.

SCHEDULE 2 – Transitional matters

Item 1 – Transfer of assets and liabilities

This item deals with the transfer of the assets and liabilities of the NRTC. The Australian Transport Council has agreed that these assets and liabilities should become the assets of the Commission when it is established. By not allowing the NRTC Act to sunset but rather repealing it when section 3 of the proposed NTC Act 2003 commences, there will be a seamless transfer of assets and liabilities between the NRTC and the Commission.

Item 2 – Annual report for the financial year in which this item commenced

This item provides for the first annual report of the Commission to include a report of the operations of the NRTC for the particular financial year in which the proposed NTC Act 2003 commences. This will ensure there is no gap in the required reporting arrangements set out in the NRTC Act and the proposed NTC Act 2003.

Item 3 – Road transport reform legislation unaffected

This item ensures that there will be continuity for certain matters contained in road transport reform legislation that was developed by the NRTC and cites the NRTC Act. These matters relate to a State or Territory being able to waive a particular provision of road transport legislation in special circumstances as set out the Agreements scheduled to the NRTC Act. These matters have no impact on the Commonwealth. The road transport legislation only has effect in the Australian Capital Territory (ACT) and in other State and Territories to the extent that they reference the ACT legislation.

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