Commonwealth Numbered Acts

INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1995 No. 50 of 1995 - SCHEDULE 1

                            SCHEDULE                     Section 3

AMENDMENTS OF THE INTERSTATE ROAD TRANSPORT ACT 1985 1. Subsection 3(1)
(definition of "vehicle"): Omit the definition, substitute:

" 'vehicle' means any means of conveyance which runs on wheels but does not
include:

   (a)  any vehicle used on a railway; or

   (b)  any vehicle that has an MRC equal to or less than 4.5 tonnes.". 2.
        Subsection 3(1) (definitions of "charge monitoring device", "motor
        vehicle charge monitoring device" and "trailer charge monitoring
        device"): Omit the definitions. 3. Subsection 3(1): Insert:

" 'compliance plate' means a plate authorised to be placed on a vehicle, or
taken to have been placed on a vehicle, under the
Motor Vehicle Standards Act 1989;
'MRC' (Mass Rating for Charging), in relation to a vehicle, means:

   (a)  the maximum mass of the vehicle, including any load, recorded on the
        compliance plate as the GVM, GTMR or ATM of the vehicle; or

   (b)  in relation to a vehicle for which there is no compliance plate-its
        operating mass;". 4. Subparagraphs 9(1)(b)(i) and (ii): Omit the
        subparagraphs, substitute:

"(i) the whole of the charge in respect of the registration of the motor
vehicle or trailer;". 5. Paragraphs 11(1)(f) and (g): Omit the paragraphs,
substitute:

"(f) an amount payable under paragraph 9(1)(a) or (b) or 9(3)(b) and
accompanying an application for registration under section 9 has been paid by
cheque-the cheque is dishonoured when duly presented for payment.". 6.
Paragraphs 11(2)(ca) and (cb): Omit the paragraphs, substitute:

"(ca) an amount payable under paragraph 9(1)(a) or (b) or 9(3)(b) and
accompanying an application for registration under section 9 has been paid by
cheque-the cheque is dishonoured when duly presented for payment;". 7. Section
14: Repeal the section, substitute: By whom charge payable

"14. An amount of charge in respect of the registration of a motor vehicle or
trailer is payable by the person who is, at the time when the amount is due
and payable, the owner of the motor vehicle or trailer.". 8. Section 16:
Repeal the section, substitute: When charge due and payable

"16. Charge in respect of the registration of a motor vehicle or trailer is
due and payable on the day on which the registration comes into force.". 9.
Sections 15, 17 and 17A: Repeal the sections. 10. Section 18: Repeal the
section, substitute: Refund of charge on cancellation or surrender

"18. If the registration of a motor vehicle or trailer is cancelled or
surrendered the Commonwealth must refund to the owner an amount worked out
using the formula:
AB
C where:
A   is the amount of charge payable in respect of the registration
of the motor vehicle or trailer;
B   is the number of whole days in the period commencing on the
cancellation or surrender and ending at the time when the registration would,
apart from the cancellation or surrender, have expired; and
C   is the number of whole days in the period that is applicable
to the registration under subsection 9(3).". 11. Section 20: Repeal the
section, substitute: Recovery of charge

"20. Charge payable to the Commonwealth may be recovered as a debt due to the
Commonwealth.". 12. Subsections 36(2), (3), (4) and (5): Omit the subsections.
13. Section 38: Omit "and the Interstate Road Transport Charge Act 1985". 14.
Subsection 39(1): Omit the subsection, substitute:

"(1) The regulations may require the owner of a registered motor vehicle
fitted with a standard monitoring device to:

   (a)  cause the monitoring device to be kept in good repair; and

   (b)  cause the monitoring device to be maintained and operated in
        accordance with procedures specified in the regulations; and

   (c)  cause the monitoring device to be replaced in such circumstances as
        are specified in the regulations; and

   (d)  if the monitoring device records information relating to the operation
        of the motor vehicle or trailer in a document located in the device:

        (i)    cause the document to be removed in accordance with procedures
               specified in the regulations; and

        (ii)   cause the document to be kept in a manner, and for a period,
               specified in the regulations; and

   (e)  if information recorded by the monitoring device relating to the
        operation of the motor vehicle or trailer may be mechanically
        transferred to a document:

        (i)    cause that information to be transferred to a document in
               accordance with procedures specified in the regulations; and

        (ii)   cause the document to be kept in a manner, and for a period,
               specified in the regulations; and

   (f)  cause to be prepared documents, in accordance with the approved form,
        containing extracts from, or summaries of, documents of a kind
        referred to in subparagraph (d)(i) or (e)(i) and cause the documents
        first referred to in this paragraph to be kept in a manner, and for a
        period, specified in the regulations; and

   (g)  notify a Licensing Authority of such matters relevant to monitoring
        devices as are specified in the regulations including, but without
        limiting the generality of the foregoing, the places where monitoring
        device records are kept.". 15. Subsection 39(2): Omit "(g)",
        substitute "(e)". 16. Section 40: Repeal the section, substitute:
        Offences relating to monitoring devices

"40. If a registered motor vehicle is fitted with a standard monitoring
device, a person must not, during the period the registration is in force:

   (a)  destroy the monitoring device; or

   (b)  damage, injure, manipulate or tamper or interfere with the monitoring
        device in such a way as to hinder the normal operation of the
        monitoring device; or

   (c)  use or operate the monitoring device in such a way as to hinder the
        normal operation of the device; or

   (d)  except as permitted by regulations made for the purposes of section
        39, remove the monitoring device. Penalty: 10 penalty units.".