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INTERSTATE ROAD TRANSPORT AMENDMENT ACT 1998 NO. 43, 1998 - SCHEDULE 1--Amendment
of the Interstate Road Transport Act 1985
1 Subsection 3(1)
Insert:
carriage of passengers or goods between prescribed
places means carriage of passengers or goods, in trade or commerce, between a
place in a State and a place in another State.
2 Subsection 3(1) (definition
of insurance )
Omit "or Territory".
3 Subsection 3(1) (definition of State )
After "includes", insert "the Australian Capital Territory and".
4 Subsection
3(1) (definition of State operator's licence )
Omit "or the Australian
Capital Territory".
5 Subsection 3(1) (definition of Territory )
Repeal the
definition.
6 Paragraph 3(10)(a)
Omit ", of a Regulatory Authority in
respect of the Australian Capital Territory or of the Minister".
7 Subsection
3A(2)
Omit "or Territory".
8 Section 4
Repeal the section.
9 After
subsection 6(4)
Insert:
(4A) For the purposes of the application of the above subsections in relation
to the Australian Capital Territory:
(a) references to the Governor-General
are taken to be references to the Prime Minister; and
(b) references to the Governor of a State are taken to be references to
the Chief Minister of the Territory.
10 Subsections 7(1) and (2)
Omit "and the Australian Capital Territory".
11 Subsection 7(5)
Repeal the subsection, substitute:
(5) For the purposes of the application of subsections (3) and (4) in relation
to the Australian Capital Territory, references to the Governor of the State
are taken to be references to the Chief Minister of the Territory.
12
Paragraph 8(1)(e)
Omit "or of the Australian Capital Territory".
13
Subsection 8(1) (penalty)
Repeal the penalty, substitute:
Penalty: 10
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.
14 After
subsection 8(2) Insert:
(2A) For the purposes of the application of subsection (2) in relation to the
Australian Capital Territory, the reference in that subsection to the
commencement of this section is taken to be a reference to the commencement of
this subsection.
15 Subsection 10(1) (penalty)
Repeal the penalty,
substitute:
Penalty: Imprisonment for one year.
Note: Subsection 4B(2) of
the Crimes Act 1914 allows a court to impose an appropriate fine instead of,
or in addition to, a term of imprisonment. If a body corporate is convicted of
the offence, subsection 4B(3) of that Act 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.
16
Subsection 10(3) (penalty) Repeal the penalty, substitute:
Penalty:
Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of the offence,
subsection 4B(3) of that Act 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.
17 Subsection 10(5)
Repeal the subsection.
18 Section 12A
Omit "or Territory".
19 Section 12C
Omit "or Territory" (wherever occurring).
20 Section 12D
Omit "$4,000"
(wherever occurring), substitute "40 penalty units".
21 At the end of section
12D
Add:
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.
22 Paragraph 19(1)(b)
Omit "or the Australian Capital Territory".
23 Subsection 23(2)
Repeal the
subsection.
24 Subsection 23(3)
Repeal the subsection, substitute:
(3) The Minister, in exercising the power to make determinations under
subsection (1), must, as far as practicable, ensure that the allocation of
payments under this section among the States reflects the distribution of
damage done to roads by registered motor vehicles and trailers operating as
mentioned in subsection 8(1).
25 Subsections 24(2) and (3)
Omit "or
Territory".
26 Section 25 (penalty)
Repeal the penalty, substitute:
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.
27
Section 41 Omit "$1,000", substitute "10 penalty units".
28 Subsection 44(2)
Omit "$1,000", substitute "10 penalty units".
29 Subsection 44(5)
Omit
"$100", substitute "1 penalty unit".
30 Subsection 44(6) (penalty)
Repeal
the penalty, substitute:
Penalty: Imprisonment for 2 years.
Note: Subsection
4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine
instead of, or in addition to, a term of imprisonment.
31 Subsection 45(2)
(penalty) Repeal the penalty, substitute:
Penalty: 10 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.
32 Subsection 45(3) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
Note:
Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an
appropriate fine instead of, or in addition to, a term of imprisonment. 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.
33 Subsection 47(1) (penalty) Repeal the
penalty, substitute:
Penalty: Imprisonment for 6 months.
Note: Subsection
4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine
instead of, or in addition to, a term of imprisonment.
34 Subsection 47A(7)
Omit "or Territory".
35 After paragraph 49(1)(a)
Insert:
(aa) trade,
commerce or intercourse between the Australian Capital Territory and a State
is not absolutely free within the meaning of section 69 of the Australian
Capital Territory (Self-Government) Act 1988 .
36 Subsection 49(2) After
"include", insert "the Australian Capital Territory or".
37 Section 52
Omit
"or Territory" (wherever occurring).
Note: The heading to section 52 is
altered by omitting " and Territory ".
38 Paragraph 56(2)(d) Omit "$3,000",
substitute "30 penalty units".
39 Paragraph 56(2)(da)
Omit "$400" and
"$3,000", substitute "4 penalty units" and "20 penalty units" respectively.
40 Paragraph 56(2)(e)
Omit "$1,000", substitute "10 penalty units".
41
Paragraph 56(2)(f)
Omit "$100" and "$500", substitute "1 penalty unit" and "5
penalty units" respectively.
[ Minister's second reading speech made in--
House of Representatives on 2 April 1998
Senate on 25 May 1998 ]
(44/98)