INTERSTATE ROAD TRANSPORT ACT 1985

This compilation was prepared on 6 April 2009
taking into account amendments up to Act No. 12 of 2009

[Note: As at 6 April 2009 not all sections of this Act are in force, see Notes 1 and 2]

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part I--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ...................................................................................... 1

3A......... B‑doubles ............................................................................................ 6

4A......... Indexation of certain fee limits ............................................................ 7

5............ Application of Act to the Commonwealth and the States ................. 8

6............ Arrangements with States etc. ............................................................ 8

7............ Regulatory Authority ......................................................................... 9

7A......... Application of the Criminal Code .................................................... 10

Part II--Registration of interstate motor vehicles 11

8............ Motor vehicles and trailers to be registered ...................................... 11

9............ Registration of motor vehicles etc. ................................................... 12

10.......... Sub‑standard motor vehicles and trailers not to be driven etc. ......... 15

11.......... Cancellation or suspension of registration ........................................ 16

12.......... Surrender of registration ................................................................... 18

12A....... Mass limits of registered motor vehicles .......................................... 18

12B....... Regulation of the operation of B‑doubles ......................................... 19

12C....... Operating requirements for B‑doubles ............................................. 19

12D....... Offences involving the operation of B‑doubles ................................ 20

13.......... Regulations may make further provision with respect to registered motor vehicles etc. 20

Part III--Collection of interstate road transport charge 22

14.......... By whom charge payable ................................................................. 22

16.......... When charge due and payable ........................................................... 22

18.......... Refund of charge on cancellation or surrender .................................. 22

19.......... Refund of charge in relation to intra‑state operations ...................... 23

20.......... Recovery of charge ........................................................................... 24

Part IV--Interstate Road Transport Account 25

21.......... Interstate Road Transport Account ................................................. 25

22.......... Amounts to be credited to Account ................................................. 25

23.......... Amounts to be debited from the Account ........................................ 25

Part V--sections 24‑35 [see Notes 2, 3 and 4] 29

Part VI--Monitoring devices 29

36.......... [see Note 2] ...................................................................................... 29

37.......... [see Note 2] ...................................................................................... 29

38.......... Monitoring devices to be fitted in accordance with the regulations . 29

39.......... Owner of motor vehicle or trailer to maintain monitoring device ..... 29

40.......... Offences relating to monitoring devices ............................................ 30

41.......... Falsification, concealment etc. of monitoring device record ............. 31

42.......... Court may order payment of amount in addition to penalty ........... 31

43.......... Evidence of monitoring device record ............................................... 31

Part VII--Miscellaneous 33

43A....... Determination of federal routes ........................................................ 33

44.......... Power to stop and search motor vehicles etc. .................................. 33

45.......... Power to require persons to give information or produce documents 36

46.......... Inspection of documents .................................................................. 38

47A....... Conduct of directors, servants and agents ........................................ 39

48.......... Regulatory Authorities to comply with Ministerial directions ........ 40

49.......... Freedom of interstate trade etc. ........................................................ 40

50.......... Delegation ......................................................................................... 41

51.......... Reconsideration and review of certain decisions .............................. 42

52.......... Effect of this Act and regulations on State laws ............................... 43

53.......... Enforcement of orders for payment ................................................. 44

55.......... Recovery of fees ............................................................................... 45

56.......... Regulations ....................................................................................... 45

Notes 49

An Act relating to road transport

Notes to the Interstate Road Transport Act 1985

Note 1

The Interstate Road Transport Act 1985 as shown in this compilation comprises Act No. 130, 1985 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 24 November 2000 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Interstate Road Transport Act 1985	130, 1985	22 Nov 1985	Ss. 1 and 2: Royal Assent Part V (ss. 24-35), ss. 36(1), (5) and 37: [see Note 2] Remainder: 1 Jan 1987 (see Gazette 1986, No. S661)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986	76, 1986	24 June 1986	S. 3: (a)		S. 9
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986	168, 1986	18 Dec 1986	S. 3: [see (b) and Note 3]		S. 5(1)
Interstate Road Transport Amendment Act 1988	39, 1988	3 June 1988	1 July 1988		--
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	99, 1988	2 Dec 1988	2 Dec 1988		--
Transport and Communications Legislation Amendment Act 1989	29, 1989	22 May 1989	22 May 1989		--
Transport and Communications Legislation Amendment Act (No. 2) 1989	23, 1990	17 Jan 1990	Part 9 (ss. 22-26): Royal Assent (c)		--
Interstate Road Transport Amendment Act 1991	128, 1991	2 Sept 1991	15 Nov 1991 (see Gazette 1991, No. S304)		--
Transport and Communications Legislation Amendment Act (No. 2) 1993	5, 1994	18 Jan 1994	Schedule (item 50): 17 Jan 1990 (d)		S. 2(4) (am. by 43, 1996, Sch. 3 [item 123])
as amended by
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 123): 18 Jan 1994 (e)		--
Interstate Road Transport Amendment Act 1995	50, 1995	23 June 1995	1 July 1995 (see s. 2)		--
Audit (Tranistional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 881-888): 1 Jan 1998 (see Gazette 1997, No. GN49) (f)		--
Interstate Road Transport Amendment Act 1998	43, 1998	17 June 1998	17 June 1998		--
Interstate Road Transport Amendment Act 2000	40, 2000	3 May 2000	(g)		--
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Ss. 1‑3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder: 24 May 2001		Sch. 2 (items 418, 419) [see Table A]
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001	143, 2001	1 Oct 2001	2 Oct 2001		S. 4 [see Table A]
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	S. 4 and Schedule 1 (items 161-166, 496): Royal Assent		S. 4 and Sch. 1 (item 496) [see Table A]
Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006	109, 2006	27 Sept 2006	Schedule 2 (items 31, 32): [see (h) and Note 4]		--
Federal Financial Relations (Consequential Amendments and Transitional Provisions) Act 2009	12, 2009	26 Mar 2009	Schedule 2 (items 6-9): 1 Apr 2009 (see s. 2(1))		--

(a) The Interstate Road Transport Act 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsections 2(12) and (13) of which provide as follows:

(12) The amendment of paragraph 39(b) of the Interstate Road Transport Act 1985 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after section 39 of the Interstate Road Transport Act 1985 comes or came into operation.

(13) The amendment of paragraph 40(b) of the Interstate Road Transport Act 1985 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after section 40 of the Interstate Road Transport Act 1985 comes or came into operation.

Sections 39 and 40 commenced on 1 January 1987 (see Gazette 1986, No. S661).

(b) The Interstate Road Transport Act 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(7) of which provides as follows:

(7) An amendment of a provision of the Interstate Road Transport Act 1985 made by this Act shall come into operation on the day on which that provision comes into operation. [see Note 3]

The amendments to sections 3, 11, 39 and 50 commenced on 1 January 1987 (see Gazette 1986, No. S661).

(c) The Interstate Road Transport Act 1985 was amended by Part 9 (sections 22-26) only of the Transport and Communications Legislation Amendment Act (No. 2) 1989, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(d) The Interstate Road Transport Act 1985 was amended by the Schedule (item 50) only of the Transport and Communications Legislation Amendment Act (No. 2) 1993, subsection 2(4) of which provides as follows:

(4) The amendment contained in item 50 of the Schedule is taken to have commenced on 17 January 1990.

(e) The Transport and Communications Legislation Amendment Act (No. 2) 1993 was amended by Schedule 3 (item 123) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(f) The Interstate Road Transport Act 1985 was amended by Schedule 2 (items 881-888) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(g) The Interstate Road Transport Act 1985 was amended by the Interstate Road Transport Amendment Act 2000, section 2 of which provides as follows:

2 This Act commences immediately after the commencement of the Interstate Road Transport Charge Amendment Act 2000.

The Interstate Road Transport Charge Amendment Act 2000 came into operation on 1 July 2000 (see Gazette 2000, No. S303).

(h) Subsection 2(1) (item 4) of the Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
4. Schedule 2, items 31 and 32	Immediately after the commencement of sections 34 and 35 of the Interstate Road Transport Act 1985 .	[see Note 4]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part I
S. 3......................................	am. No. 168, 1986; No. 23, 1990; No. 128, 1991; No. 50, 1995; No. 152, 1997; No. 43, 1998; No. 40, 2000; No. 8, 2005; No. 12, 2009
S. 3A...................................	ad. No. 128, 1991
	am. No. 43, 1998
S. 4......................................	rep. No. 43, 1998
S. 4A...................................	ad. No. 23, 1990
	am. No. 5, 1994
S. 6......................................	am. No. 39, 1988; No. 43, 1998
S. 7......................................	am. No. 43, 1998
S. 7A...................................	ad. No. 143, 2001
Part II
S. 8......................................	am. No. 43, 1998; No. 143, 2001
Note to s. 8(1)..................... Renumbered Note 1 ........	ad. No. 43, 1998 No. 143, 2001
Note 2 to s. 8(1) .................	ad. No. 143, 2001
S. 9......................................	am. No. 29, 1989; No. 50, 1995
S. 10....................................	am. No. 43, 1998; No. 143, 2001
Note to s. 10(1)...................	ad. No. 43, 1998
Note to s. 10(3)...................	ad. No. 43, 1998
S. 11....................................	am. No. 168, 1986; No. 39, 1988; No. 29, 1989; No. 50, 1995
S. 12A.................................	ad. No. 39, 1988
	am. No. 43, 1998
S. 12B.................................	ad. No. 128, 1991
S. 12C.................................	ad. No. 128, 1991
	am. No. 43, 1998
S. 12D.................................	ad. No. 128, 1991
	am. No. 43, 1998; No. 143, 2001
Note to s. 12D.....................	ad. No. 43, 1998
S. 13....................................	am. No. 39, 1988; No. 29, 1989; No. 128, 1991
Part III
S. 14....................................	rs. No. 29, 1989; No. 50, 1995
S. 15....................................	rep. No. 50, 1995
S. 16....................................	am. No. 29, 1989
	rs. No. 50, 1995
S. 17....................................	am. No. 39, 1988; No. 29, 1989
	rep. No. 50, 1995
S. 17A.................................	ad. No. 29, 1989
	rep. No. 50, 1995
S. 18....................................	am. No. 39, 1988
	rs. No. 50, 1995
S. 19....................................	am. No. 43, 1998; No. 137, 2000
S. 20....................................	rs. No. 50, 1995
Part IV
Heading to Part IV...............	rs. No. 152, 1997; No. 8, 2005
S. 21....................................	rs. No. 152, 1997; No. 8, 2005
Heading to s. 22..................	am. No. 152, 1997
	rs. No. 8, 2005
S. 22....................................	am. No. 152, 1997
	rs. No. 8, 2005
Heading to s. 23..................	am. No. 152, 1997
	rs. No. 8, 2005
S. 23....................................	am. No. 152, 1997; No. 43, 1998; No. 8, 2005; No. 12, 2009
Part VI
S. 36....................................	am. No. 50, 1995
S. 38....................................	am. No. 39, 1988; No. 50, 1995
S. 39....................................	am. Nos. 76 and 168, 1986; No. 50, 1995
S. 40....................................	am. No. 76, 1986
	rs. No. 50, 1995; No. 143, 2001
S. 41....................................	am. No. 43, 1998
	rs. No. 143, 2001
S. 43....................................	am. No. 143, 2001
Part VI
S. 43A.................................	ad. No. 128, 1991
S. 44....................................	am. No. 43, 1998; No. 143, 2001
Note to s. 44(6)...................	ad. No. 43, 1998
S. 45....................................	am. No. 43, 1998; No. 137, 2000; No. 143, 2001
Notes to s. 45(2), (3)..........	ad. No. 43, 1998
S. 47....................................	am. No. 43, 1998
	rep. No. 137, 2000
Note to s. 47(1)...................	ad. No. 43, 1998
	rep. No. 137, 2000
S. 47A.................................	ad. No. 23, 1990
	am. No. 43, 1998; No. 143, 2001
S. 49....................................	am. No. 43, 1998
S. 50....................................	am. No. 168, 1986
Heading to s. 52..................	am. No. 43, 1998
S. 52....................................	am. No. 39, 1988; No. 128, 1991; No. 43, 1998
S. 53....................................	am. No. 137, 2000
S. 54....................................	rep. No. 39, 1988
S. 56....................................	am. No. 39, 1988; No. 23, 1990; No. 128, 1991; No. 43, 1998

Note 2

Part V (sections 24‑35), subsections 36(1), (5) and section 37 provide as follows:

[NOTE: The in force amendments made by the Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 (No. 99, 1988), the Interstate Road Transport Amendment Act 1995 (No. 50, 1995) and the Interstate Road Transport Amendment Act 1998 (No. 43, 1998) are incorporated into Note 2 below. Additions to the text are shown as underlined. Omitted text is shown as ~~ruled through~~ .]

PART V--LICENSING OF INTERSTATE ROAD TRANSPORT OPERATORS

24 Interpretation

(1) In this Part:

declared associate of a disqualified person means a person in respect of whom a declaration under subsection 30(1) is in force.

disqualification means disqualification under subsection 27(1) or (2).

disqualified person means a person in respect of whom a disqualification is in force.

relevant safety provision means a provision of:

(a) a law of a State or Territory with respect to a road safety matter; or

(b) a federal road safety standard.

(2) Where a person is convicted of an offence against a law of a State ~~or Territory~~ constituted by a contravention of, or attempt to contravene or an involvement in a contravention of, a relevant safety provision, the person shall be taken, for the purposes of this Part, to have contravened, attempted to contravene or been involved in a contravention of, as the case may be, the relevant safety provision.

(3) A reference in subsection (2) to a conviction of a person of an offence includes a reference to the making of an order under a provision of a law of a State ~~or Territory~~ corresponding to section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.

(4) A reference in this Part to a person involved in a contravention of a relevant safety provision is a reference to a person who:

(a) has aided, abetted, counselled or procured the contravention;

(b) has induced, whether by threats or promises or otherwise, the contravention;

(d) has conspired with others to effect the contravention.

25 Operators not to carry on long distance interstate road transport business unless licensed

A person shall not carry on long distance interstate road transport business unless the person:

(a) is the holder of a federal operator's licence; or

(b) is the holder of a State operator's licence.

~~Penalty: $5,000.~~

Penalty: 50 penalty units.

Note: If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

26 Grant of federal operator's licence

(1) Subject to subsection (2), upon application made in accordance with the approved form by a person who proposes to carry on long distance interstate road transport business, a Licensing Authority shall grant to the applicant a licence authorising the carrying on by the person of long distance interstate road transport business unless:

(a) the application is not accompanied by the prescribed fee;

(b) the applicant is a disqualified person; or

(2) A Licensing Authority may refuse to grant a federal operator's licence to an applicant under subsection (1) if:

(a) the applicant is, in relation to any long distance interstate road transport business that is being or may be carried on by the applicant, a partner of a disqualified person; or

(b) a disqualified person has, whether directly or indirectly, a significant degree of control of, or a significant capacity to influence, any long distance interstate road transport business that is being or may be carried on by the applicant.

(3) An application under subsection (1) made by a person who proposes to carry on long distance interstate road transport business shall set out, in addition to the matters required by the form approved for the purposes of that subsection to be set out, the name of the person responsible for the day‑to‑day management of that business or, if there are 2 or more such persons, the person who is, or the persons who are, principally responsible for the day‑to‑day management of that business.

(4) A Licensing Authority shall not grant a federal operator's licence before the end of the period of 7 days after the day on which application was made for the licence.

(5) An applicant for a federal operator's licence may withdraw his or her application at any time before the licence is granted.

(6) A federal operator's licence comes into force on the day on which it is granted and remains in force until cancelled in accordance with this Act.

27 Disqualified persons

(1) Subject to this Act, where a court, on application made to it by a Licensing Authority for an order under paragraph (d), is satisfied that:

(a) a person has, after the commencement of this section, on one or more occasions, contravened, attempted to contravene, or been involved in a contravention of, one or more relevant safety provisions; and

(b) it is in the interests of public safety to do so;

the court may:

(c) except where the person has been admonished under this paragraph on 2 occasions in the period of 10 years ending on the day on which the application was made--admonish the person; or

(d) make an order disqualifying the person, either permanently or for a specified period, from participating in long distance interstate transport business.

(2) Where:

(a) a person (in this subsection referred to as the convicted person) is convicted before a court of an offence against regulations made for the purposes of section 37 or 39 or against section 40, 41, 44, 45 or 47 in relation to an act or omission; and

(b) the court is satisfied that the purpose of, or one of the purposes of, the act or omission was to prevent or frustrate the collection of evidence relevant to proceedings that have been or could be instituted under subsection (1) against the convicted person or another person;

the court may, in addition to imposing a penalty on the convicted person, make an order disqualifying the convicted person from participating in long distance interstate road transport business for such period, not exceeding 3 years, as is specified in the order of disqualification.

(3) Subject to subsection (4), the disqualification of a person comes into force on such day as is specified in the order of disqualification.

(4) Where a person is already disqualified for a specified period, a further period of disqualification of the person comes into force immediately after the end of the period for which the person is already disqualified.

(5) Where a disqualification of a person comes into force, any federal operator's licence held by the person shall be deemed to be cancelled.

(6) A person who is disqualified shall be deemed, for the purposes of this Part, not to hold a State operator's licence while the disqualification is in force.

(7) Where a court disqualifies a person under subsection (1), the court may specify in the order of disqualification a date after which the person may apply under subsection (8) for the revocation of the disqualification.

(8) Where a disqualification of a person is in force under subsection (1), a Licensing Authority may, on application made by a disqualified person after the date so specified in the order of disqualification, revoke the disqualification of the person if the person has not been further disqualified and the Licensing Authority is satisfied that there are special circumstances that warrant the revocation of the disqualification.

(9) A court of summary jurisdiction shall not disqualify a person under subsection (1) for a period of more than 6 months.

(10) A reference in subsection (1) to a court is a reference to:

(a) a court of summary jurisdiction;

(b) the Supreme Court of a State; or

28 Monitoring device records etc.

(1) The regulations may make provision for and in relation to the admissibility, in proceedings arising out of subsection 27(1), of a monitoring device record.

(2) Where an alleged act or omission of a person constitutes both an offence against a law of a State or Territory and a contravention of, an attempt to contravene or an involvement in a contravention of, a relevant safety provision, proceedings shall not be instituted under subsection 27(1) in a court relating to that act or omission unless the Licensing Authority in respect of the State or Territory causes to be filed in the court a certificate issued not earlier than 7 days before the day on which the proceedings are instituted stating that, as of the day of issue of the certificate:

(a) it is not proposed to institute criminal proceedings against the person in respect of the act or omission; or

(b) criminal proceedings have been instituted against the person in respect of the act or omission and those proceedings have been finally dealt with according to law.

(3) Where, in proceedings arising out of subsection 27(1) in relation to an act done, or omitted to be done, by a body corporate, it is necessary to establish the intention of the body corporate, it is sufficient to show that a servant or agent of the body corporate by whom the act was done or omitted to be done, as the case may be, had the intention.

(4) In proceedings arising out of subsection 27(1), an act done, or omitted to be done, on behalf of a body corporate by:

(a) a director, servant or agent of the body corporate;

(b) any other person:

(i) at the direction; or

(ii) with the consent or agreement (whether express or implied);

of a director, servant or agent of the body corporate;

shall be deemed to have been done, or omitted to have been done, as the case may be, also by the body corporate.

29 Matters to be taken into account by court

A court, in determining for the purposes of subsection 27(1) whether it is in the interests of public safety to disqualify a person, being a person who has, on one or more occasions, contravened, attempted to contravene, or been involved in the contravention of, one or more relevant safety provisions, shall have regard to all relevant matters, including, but without limiting the generality of the foregoing:

(a) the conduct of the person before, during and after the attempt, involvement or contravention; and

(b) any other conduct of the person that is relevant to road safety.

30 Associates of disqualified persons [see Note 3]

(1) A Licensing Authority may, by notice in writing served on a person, declare the person to be an associate of a disqualified person if:

(a) the first‑mentioned person has become, in relation to any long distance interstate road transport business that is being carried on by the first‑mentioned person, a partner of a disqualified person; or

(b) a disqualified person has, whether directly or indirectly, acquired a significant degree of control of, or a significant capacity to influence, any long distance interstate road transport business that is being carried on by the first‑mentioned person.

(2) A declaration under subsection (1) comes into force on such day as is specified in the notice of the declaration.

(3) Where a declaration made in respect of a person comes into force under subsection (1), any federal operator's licence held by the person shall be deemed to be cancelled.

(4) A declared associate of a disqualified person shall be deemed, for the purposes of this Part, not to hold a State operator's licence while the declaration made in respect of the person is in force under subsection (1).

(5) Where a declaration made in respect of a person is in force under subsection (1), a Licensing Authority shall, on application made by the person, revoke the declaration if the Licensing Authority is satisfied that:

(a) the person is not, in relation to any long distance interstate road transport business that is being carried on by the person, a partner of a disqualified person; and

(b) no disqualified person has, whether directly or indirectly, a significant degree of control of, or a significant capacity to influence, any long distance interstate road transport business that is being carried on by the first‑mentioned person.

31 Publication of particulars of disqualification etc.

(1) As soon as practicable after a disqualification of a person comes into force, the Minister shall cause to be prepared a statement setting out particulars of the disqualification and explaining the effects of the disqualification.

(2) As soon as practicable after a disqualification of a person is revoked in accordance with this Act, the Minister shall cause to be prepared a statement setting out particulars of the revocation and explaining the effects of the revocation.

(3) Where a statement is prepared under subsection (1) or (2), the Minister shall, as soon as practicable after the preparation of the statement, and from time to time thereafter, may, cause the statement to be published in the prescribed manner.

(4) The Minister shall cause to be kept registers to be known as the Register of Holders of Federal Operator's Licences, the Register of Disqualified Persons and the Register of Declared Associates of Disqualified Persons.

(5) A person may, on payment of the prescribed fee (if any), inspect a register kept under subsection (4).

32 Annual notice by holder of federal operator's licence

(1) Where:

(a) a person holds a federal operator's licence on 1 July in any year; and

(b) the person wishes to continue to hold the licence;

the person shall, before 31 July in that year, or before such later date as the Licensing Authority allows, give a notice to a Licensing Authority in accordance with the approved form:

(d) setting out:

(i) the name of the person responsible for the day‑to‑day management of any long distance interstate road transport business that is being or may be carried on by the first‑mentioned person or, if there are 2 or more such persons, the person who is, or the persons who are, principally responsible for the day‑to‑day management of that business; and

(ii) such other information (if any) with respect to any long distance interstate road transport business that is being or may be carried on by the person, as is required by the form to be given.

(2) If a person who is the holder of a federal operator's licence does not give a notice as and when required by subsection (1), a Licensing Authority may, by notice in writing served on the person, cancel the licence.

33 Court may inform Licensing Authority of conviction etc.

(1) Where a person is convicted by a court of an offence constituted by a contravention of, an attempt to contravene, or an involvement in a contravention of, a relevant safety provision, the court may cause a Licensing Authority to be informed of that conviction.

(2) A reference in subsection (1) to a conviction of a person of an offence includes a reference to the making of an order in relation to the person under a provision of a law of a State or Territory corresponding to section 19B of the Crimes Act 1914 in respect of the offence.

34 Federal road safety standards [see Note 4]

For the purposes of this Part, the Minister may, by order in writing, declare standards, to be known as federal road safety standards, with respect to road safety matters.

35 Disallowance etc. of federal road safety standards
[see Note 4]

(1) Sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under section 34 of this Act as if in those sections references to regulations were references to orders, references to a regulation were references to an order and references to a repeal were references to a revocation.

(2) An order made under section 34 of this Act shall be deemed to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903.

36 Regulations may specify requirements for monitoring devices

(1) The regulations may specify requirements for standard monitoring devices.

~~(5) A charge monitoring device may be a device of the same or a different kind as a standard monitoring device.~~

37 Regulations may require standard monitoring device to be fitted to registered motor vehicles

The regulations may require a registered motor vehicle to be fitted with a standard monitoring device.

As at 6 April 2009 no date had been fixed for the commencement of Part V (sections 24-35), subsections 36(1), (5) and section 37.

Note 3

Section 30 was amended by section 3 and Schedule 1 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 (No. 168, 1986). The provision of Schedule 1 applicable to the Interstate Road Transport Act 1985 provides as follows:

Schedule 1

Subsection 30(5)

Omit "the Licensing Authority is satisfied that".

Subsection 2(7) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 provides as follows:

(7) An amendment of a provision of the Interstate Road Transport Act 1985 made by this Act shall come into operation on the day on which that provision comes into operation.

As at 6 April 2009 no date had been fixed for the commencement of subsection 30(5) and the amendment is not incorporated in this compilation.

Note 4

Section 34 was amended by Schedule 2 (item 31) and section 35 was repealed by Schedule 2 (item 32) of the Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 (No. 109, 2006). The provisions of Schedule 2 applicable to the Interstate Road Transport Act 1985 provide as follows:

Schedule 2

31 Section 34

Omit "by order in writing", substitute "by legislative instrument".

32 Section 35

Repeal the section.

As at 6 April 2009 no date had been fixed for the commencement of sections 34 and 35 and the amendments are not incorporated in this compilation.

Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - NOTES