Commonwealth Numbered Acts

NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SCHEDULE

                          SCHEDULE              Section 3

AGREEMENT THIS AGREEMENT is made the thirtieth day of July 1991 BETWEEN: THE
COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, THE STATE OF
VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF WESTERN AUSTRALIA, THE STATE
OF SOUTH AUSTRALIA, THE STATE OF TASMANIA, and THE AUSTRALIAN CAPITAL
TERRITORY. RECITALS:
A. The Heads of Government of the Parties to this Agreement have endorsed a
Report prepared by their officers which contains certain recommendations ("the
Report").
B. The Parties agree that it is the policy and intent of this Agreement that
it should operate to implement and further those recommendations.
C. The principles endorsed by the Parties to this Agreement are that there
should be improvements to both road safety and transport efficiency and
reductions in the costs of administration of road transport.
D. The Parties to this Agreement are agreed that the principles referred to in
Recital C necessitate uniform or consistent road transport legislation
throughout Australia, and they are further agreed that this will be achieved
by establishing and implementing a co-operative scheme, the objectives of
which are to ensure in respect of road transport legislation that:

   (a)  legislation is made, and continues to be, uniform or consistent
        throughout Australia at all times except as otherwise provided for in
        this Agreement;

   (b)  legislation is administered so as to achieve, at least, a minimum
        standard of outcome;

   (c)  the Commonwealth, the States, the Australian Capital Territory and the
        Northern Territory of Australia are able to co-operate with each other
        in regard to the matters to be provided in the legislation, the way in
        which the legislation is administered, and the fostering of
        innovation;

   (d)  the legislation is capable of effective administration throughout
        Australia with the minimum of procedural requirements and is so
        administered; and

   (e)  changes in the legislation are proposed for consideration as
        appropriate from time to time and amendments made when the need for
        reform arises.
E. The Parties to this Agreement have reached agreement on a scheme to achieve
the objectives referred to in Recital D.
F. The essential element of the scheme is an agreement between the
Commonwealth, the States, the Northern Territory of Australia and the
Australian Capital Territory to provide for the introduction and bringing into
force of legislation, the establishment and operation of a
Ministerial Council, National Commission and, pending the latter, an Interim
Body and for other matters as appear hereafter.
G. The matters mentioned in Recital F, involve the following sequence:

   (a)  Firstly, the conclusion of an agreement between the Commonwealth and
        the Australian Capital Territory under which the former, with consent
        of the latter, will seek to enact or make the Commonwealth Act and the
        Commonwealth Road Transport Legislation for the Australian Capital
        Territory which law will be the model on which the pertinent law of
        the Parties to this Agreement, other than the Commonwealth, and the
        Australian Capital Territory, will be based.

   (b)  Secondly, the establishment by the Parties to this Agreement of a
        Ministerial Council and an Interim Body with functions and powers set
        out herein.

   (c)  Thirdly, the enactment by the Commonwealth Parliament of legislation
        which establishes a National Road Transport Commission and describes
        its powers and functions.

   (d)  Fourthly, the making by the Appropriate Authority of Commonwealth Road
        Transport Legislation and its coming into force.

   (e)  Fifthly, the passage by the Participating Parties, other than the
        Commonwealth, through their respective Parliaments, of legislation
        which will provide that, when the last mentioned legislation is made
        by the Appropriate Authority and comes into force, the then existing
        road transport legislation of those Participating Parties is repealed,
        amended or modified so as to avoid any conflict with that Commonwealth
        legislation and in its place there is on the same date for all
        Participating Parties (being the date on which the Commonwealth Road
        Transport Legislation comes into force) applied the legislation
        referred to in Recital G (d) and there is conferred on the National
        Commission in relation to each Participating Party the functions and
        powers conferred on it by the Commonwealth legislation referred to in
        Recital G (c).

   (f)  Thereafter, the review of the Commonwealth Act and Commonwealth Road
        Transport Legislation and re-enactment of that Act and Legislation in
        a modified form, as provided for in this Agreement. NOW IT IS AGREED
        by the parties as follows:
PART I - INTERPRETATION
1. In this Agreement, except where a contrary intention appears:

   (a)  "Australian Capital Territory" means, save where a geographic meaning
        is intended, the body politic established by the
        Australian Capital Territory (Self-Government) Act 1988;

   (b)  "Commonwealth" means the Commonwealth of Australia as a Party to this
        Agreement;

   (c)  "Northern Territory" means, save in sub-clause 4(1), the Northern
        Territory of Australia while a Party to this Agreement; and

   (d)  "State" means, save in sub-clause 4(1) a State of the Commonwealth of
        Australia that is at the relevant time a Party to this Agreement.
2. In this Agreement, unless the contrary intention appears or the context
otherwise requires: "Access Charge" is a charge for access to the road system;
"Application Order" means an order which, because of geographical or regional
conditions, suspends or varies the operation of Commonwealth Road Transport
Legislation as it would otherwise apply in a Zone in relation to:

   (a)  standards and other regulatory measures whether or not those measures
        are introduced as innovations on a trial basis;

   (b)  enforcement levels above a national minimum standard;

   (c)  the level of penalties above a national minimum; or

   (d)  Road Charges; "Appropriate Authority" means in the case of:

   (a)  legislation proposed hereunder other than regulations, the
        Commonwealth Parliament;

   (b)  regulations, the Federal Executive Council including the
        Governor-General; or

   (c)  orders or instruments under that legislation, the Commonwealth
        Minister appointed under sub-clause 11(1) or his delegate; "Attributed
        Road Cost" means a Vehicle's share of total road costs imputed
        pursuant to this Agreement; "AUSTROADS" means the national association
        of road and traffic authorities of the Commonwealth, States, the
        Northern Territory and the Australian Capital Territory and other
        bodies and persons which may be members from time to time; "Charging
        Principles" means:

   (a)  those principles endorsed at the Special Premiers' Conference of July
        1991 namely, that collectively Road Charges and Road Use Charges will
        always be set:

   (i)  to fully recover distributed road costs while minimising over-recovery
        from any vehicle class, thereby achieving full recovery of all road
        costs;

   (ii) adopting a common methodology;

   (iii) to determine and collect charges in a way that achieves a reasonable
        balance between administrative simplicity, efficiency and equity in
        the charging structure;

   (iv) to improve pricing, leading to a better allocation of resources, with
        investment decisions on equipment and infrastructure being based on
        more relevant demand signals; and

   (v)  to minimise the incentive for operators to "shop around" for lower
        charges and undermine the integrity of the national charging system;

   (b)  any other principles for Road Charges proposed by the National
        Commission and not disapproved by the Ministerial Council in relation
        to Vehicles operating within or across the boundary of a Zone;
        "Commonwealth Act" means the legislation of the Parliament of the
        Commonwealth that is provided for by clause 6 as amended from time to
        time consistent with this Agreement; "Commonwealth Minister" means the
        Commonwealth Minister appointed under clause 11; "Commonwealth Road
        Transport Legislation" means the legislation referred to in paragraph
        (a) of the definition of Road Transport Legislation; "Emergency Order"
        means an Order of the kind made under sub-clause 8(5); "Financial
        Year" means a period of twelve months ending on a thirtieth day of
        June or, where the relevant provision of this Agreement is applicable
        during part only of any such period, means the portion of the period
        during which the provision applies; "Interim Body" means the interim
        national body to be established by the Parties to this Agreement
        pending the establishment of the National Commission by the
        Commonwealth Act; "Mass-distance Charge" means, so far as
        constitutionally possible, a charge equal to the amount of the
        Attributed Road Cost less the amount of the Road Use Charge and any
        Access Charge as imputed pursuant to this Agreement; "Ministerial
        Council" means the Ministerial Council for Road Transport established
        by Part VI; "National Commission" means the National Road Transport
        Commission to be established by the Commonwealth Act; "Participating
        Party" means any Party, other than the Australian Capital Territory,
        which has both secured the passage or the making, of the legislation
        relevant in its case, provided for by Part IV and caused that
        legislation to come into force; "PAYGO" means a methodology for
        determining Road Charges and a Road Use Charge based on the average of
        the most recent of two years' actual and the next year's budgeted
        expenditure on road construction and maintenance (all indexed) but
        excluding expenditure on roads financed by means such as fuel
        franchise fees and road tolls where so nominated by the Participating
        Party imposing the fees or tolls or the Australian Capital Territory;
        "Road Charge" means:

   (a)  until otherwise resolved by the Ministerial Council, an annual Access
        Charge;

   (b)  a Mass-distance Charge;

   (c)  permit fees relating to the use of over-dimension or overweight
        Vehicles or Vehicles in higher mass or distance categories; and

   (d)  so far as constitutionally possible, a fee for payment of travel
        between zones that reflects full cost recovery and is administratively
        simple and enforceable, but does not include a nominal or other
        administration charge associated with registration of a Vehicle, a
        Road Use Charge, stamp duties, compulsory third party insurance
        premiums, injury protection charges, fuel franchise fees, road tolls
        and, other than to the extent set out in (c) and (d), permit, licence
        or other fees; "Road Transport" means:

   (a)  design, construction and use of Vehicles including operating
        requirements as to drivers' records, driving hours, and other matters
        in relation to the drivers of Vehicles;

   (b)  registration of Vehicles and matters relating thereto including the
        means by which any registration may be cancelled, suspended or its
        operation affected;

   (c)  standards of driver licensing with respect to Vehicles and matters
        relating thereto including the means by which any licence may be
        cancelled, suspended or its operation affected;

   (d)  any provision of a traffic code, directed solely to the use of
        Vehicles; and

   (e)  nationally consistent Charging Principles and Road Charges, but does
        not include economic regulation of the transport industry, e.g., Part
        VI of the Transport Act 1983, as amended, of Victoria; "Road Transport
        Legislation" means:

   (a)  the Commonwealth legislation in relation to Road Transport applying in
        the Australian Capital Territory and the Jervis Bay Territory; or

   (b)  the provisions of that Commonwealth legislation applied pursuant to
        clause 8 by a Participating Party other than the Commonwealth, in
        either case extending to Vehicles whilst within the Australian Capital
        Territory, the Jervis Bay Territory or the territory of such a
        Participating Party although they emanate from either a State or the
        Northern Territory that is not a Participating Party; "Road Use
        Charge" means a charge equal to the part of the diesel fuel tax levied
        by the Commonwealth for the use of a Vehicle on a road being the part
        fixed by the National Commission from time to time, in accordance with
        this Agreement; "State and Territory Acts" means legislation as
        amended from time to time consistent with this Agreement of the
        Parliament of each Participating Party, other than the Commonwealth,
        that is provided for by this Agreement; "Vehicle" means a road vehicle
        which has a manufacturer's rated gross vehicle mass of more than 4.5
        tonnes; "Voting Member" means:

   (a)  in relation to a Road Charge:

   (i)  for a Zone defined in sub-paragraph (a)(i)(A) of the definition of
        Zone, the members of the Ministerial Council representing the States
        there mentioned, the Australian Capital Territory and the
        Commonwealth; or

   (ii) for a Zone defined in sub-paragraph (a)(i)(B) of the definition of
        Zone, the members of the Ministerial Council representing the States
        there mentioned and the Northern Territory; or

   (iii) for a Zone replacing another as defined in paragraph (a)(i)(A) or
        (a)(i)(B), the members of the Ministerial Council whose territory lies
        wholly or partly within the replacing Zone, but only including the
        Commonwealth if the territory of the Australian Capital Territory lies
        within the replacing Zone;

   (b)  in relation to the replacement of a Zone referred to in paragraph
        (a)(ii) or (b)(ii) of the definition of Zone, which is proposed, all
        members of the Ministerial Council;

   (c)  in relation to any matter not mentioned in paragraph (a) or (b), all
        members of the Ministerial Council; "Zone" means:

   (a)  in relation to a Road Charge:

   (i)  until replaced by another Zone or other Zones pursuant to paragraph
        20(2)(b),

                (A)  the area within the States of New South Wales, Victoria,
                     Tasmania and the Australian Capital Territory and the
                     Jervis Bay Territory; or

                (B)  the area within the States of Queensland, Western
                     Australia and South Australia and the Northern Territory;

   (ii) upon either area being replaced by another Zone or other Zones,
        pursuant to paragraph 20(2)(b), that other Zone or those other Zones
        in place of the relevant area;

   (b)  in relation to any other purpose:

   (i)  until replaced by another Zone or other Zones pursuant to paragraph
        20(2)(a), the area within Australia excluding the external
        territories; or

   (ii) upon that area being replaced by other Zones pursuant to paragraph
        20(2)(a), those other Zones.
3. In this Agreement, unless a contrary intention appears:

   (a)  a reference to a Recital is a reference to the relevant Recital of
        this Agreement;

   (b)  a reference to a Part is a reference to the relevant Part of this
        Agreement;

   (c)  a reference to a clause, sub-clause or paragraph is a reference to the
        relevant clause, sub-clause or paragraph of this Agreement;

   (d)  words importing the singular shall include the plural and vice versa;
        and

   (e)  words importing any gender shall include each of the other genders.
PART II - OPERATION OF AGREEMENT
4.(1) This Agreement shall come into force when it has been executed by the
Commonwealth and a majority of all the States, of the Northern Territory and
of the Australian Capital Territory.

(2) This Agreement may, after its coming into force, be amended only by the
unanimous decision of Participating Parties and the Australian Capital
Territory.
PART III - ESTABLISHMENT OF SCHEME
5.(1) The Parties to this Agreement will take such action as is provided for
by this Agreement, and as is otherwise requisite on their respective parts, to
observe the principles set out in Recital C. and to achieve the objectives set
out in Recital D. by initiating and operating the scheme of legislative and
administrative acts and procedures provided for by this Agreement.

(2) Without limiting the provisions of sub-clause 5(1), pending the coming
into force of the Commonwealth legislation the subject of clauses 6 and 7, the
Parties to this Agreement are, from the date this Agreement comes into force,
as the opportunity arises, to take such action as is available to them,
including the submission to their respective Parliaments of legislation and
the making of regulations, to expedite the achievement of the principles and
objectives of this Agreement.
PART IV - INITIAL LEGISLATION
6.(1) The Commonwealth will, as soon as is practicable, submit to the
Commonwealth Parliament legislation referred in sub-clause 6(3), which has
been proposed by the Interim Body, and take such steps as are appropriate to
secure the passage and bringing into force of that legislation.

(2) The Commonwealth shall only submit to the Commonwealth Parliament any
legislation specified in sub-clause 6(3), which has:

   (a)  been proposed by the Interim Body;

   (b)  been submitted to the Ministerial Council for its consideration for at
        least two months or such lesser period as may be unanimously agreed by
        the Ministerial Council; and

   (c)  not been disapproved by the Ministerial Council within that period.

(3) The legislation provided for by sub-clause 6(1) shall:

   (a)  confer on the Ministerial Council such powers as may be appropriately
        conferred to give effect to its functions under, and in accordance
        with, this Agreement;

   (b)  establish the National Commission and make provision for, and in
        relation to, its members;

   (c)  confer on the National Commission such functions and powers as will
        enable it, in conjunction with functions and powers which are
        conferred on it by the State and Territory Acts, to carry out its
        functions under, and in accordance with, this Agreement;

   (d)  make provision for, and in relation to, the staff of the National
        Commission; and

   (e)  include provisions relating to the financial management, proceedings,
        reports and records of the National Commission and for matters that
        are necessary or incidental to the performance of its functions.
7.(1) After the passage of the Commonwealth Act, the Commonwealth shall submit
to the Appropriate Authority as soon as is practicable, the Commonwealth Road
Transport Legislation which has been proposed by the National Commission.

(2) The Commonwealth shall only submit to the Appropriate Authority any
Commonwealth Road Transport Legislation, which has:

   (a)  been proposed by the National Commission;

   (b)  been submitted to the Ministerial Council for its consideration for at
        least two months or such lesser period as may be agreed unanimously by
        the Ministerial Council; and

   (c)  not been disapproved by the Ministerial Council within that period.

(3) The Commonwealth Road Transport Legislation provided for by sub-clause
7(1) shall constitute the substantive law as to Road Transport:

   (a)  in the Australian Capital Territory; and

   (b)  in the Jervis Bay Territory.

(4) The Commonwealth Act and the Commonwealth Road Transport Legislation
submitted to the Appropriate Authority shall be limited in the term of its
application to a period of six years.
8.(1) Each Party, other than the Commonwealth and the Australian Capital
Territory, will take such steps as are appropriate to secure the passage or
making, as the case may be, of legislation which, as from the date on which
the Commonwealth Road Transport Legislation comes into force and to the extent
necessary for the purposes of this Agreement, provides, that:

   (a)  the existing Road Transport legislation of the State or Northern
        Territory shall be automatically repealed, amended or modified in
        operation to the extent necessary to avoid any conflict with the
        Commonwealth Road Transport Legislation and the Commonwealth Act;

   (b)  the provisions of the Commonwealth Road Transport Legislation, as
        amended from time to time, are automatically applied as the law of
        that State or the Northern Territory, as the case may be, in place of
        the legislation so repealed, amended or modified in operation;

   (c)  the relevant Minister of each such Party may make Application Orders
        and Emergency Orders; and

   (d)  there is conferred on the National Commission and the
        Ministerial Council in relation to the State or Territory the
        functions and powers respectively conferred on them by the
        Commonwealth Act.

(2) The Commonwealth will take such steps as are appropriate to seek the
passage of legislation authorising a Minister of the Australian Capital
Territory, or in the case of Jervis Bay Territory, a Commonwealth Minister, to
make Application Orders and Emergency Orders.

(3) The relevant Minister of a Participating Party, the Australian Capital
Territory or of the Commonwealth, in the case of the Jervis Bay Territory,
shall only make an Application Order which:

   (a)  has been recommended in relation to the territory of that
        Participating Party, the Australian Capital Territory or Jervis Bay
        Territory, as the case may be, by the National Commission; and

   (b)  has not been disapproved by the Ministerial Council within two months.

(4) A Participating Party, the Australian Capital Territory or the
Commonwealth in the case of Jervis Bay Territory shall make:

   (a)  any Emergency Order which the National Commission recommends for that
        Party, the Australian Capital Territory, or Jervis Bay Territory
        respectively; or

   (b)  any Application Order which the National Commission recommends for
        that Party, the Australian Capital Territory, or Jervis Bay Territory
        respectively and of which the Ministerial Council does not so
        disapprove.

(5) If the National Commission considers, on being notified by a Participating
Party, the Australian Capital Territory or the Commonwealth for Jervis Bay
Territory or on such other information as it considers relevant that there is
a need for urgent emergency measures relating to public health and safety or
the furtherance of some other public interest to be made then without
reference to the Ministerial Council, on the Commission so making a
recommendation, any Minister of a Participating Party or the Australian
Capital Territory may make an Emergency Order to that effect. The making of
the Emergency Order shall have the effect of suspending or varying the
operation of the Commonwealth Road Transport Legislation in relation to
whichever of that Party, the Australian Capital Territory or the Commonwealth,
in the case of Jervis Bay Territory, makes that Order.

(6) An Emergency Order is to continue for a period of six months unless two
months before the end of the six months period:

   (a)  the National Commission recommends; and

   (b)  before the end of the period the Ministerial Council does not
        disapprove, the matter dealt with by that Order being dealt with in
        the same manner in the Road Transport Legislation or in relation to a
        part of Australia in an Application Order, in which case the Emergency
        Order shall continue in force until the date on which that Legislation
        or Application Order comes into force.

(7) An Emergency Order may be terminated by the Ministerial Council at any
time within the period referred to in sub-clause (6).

(8) Each State or the Northern Territory which has passed and caused to come
into force the legislation referred to in sub-clause 8(1), and thereby becomes
a Participating Party, hereby agrees to adopt the level of penalties and such
other sanctions as are embodied in the Commonwealth Road Transport
Legislation.
PART V - ROAD USE CHARGE
9. The Commonwealth shall take all reasonable steps to ensure that there is
levied and collected a tax on diesel fuel, being a tax at no less a rate than
that of the Road Use Charge recommended by the National Commission and not
disapproved by a simple majority of all the members of the Ministerial Council
within two months after that recommendation.
PART VI - ESTABLISHMENT OF MINISTERIAL COUNCIL
10. For the purposes of the scheme there shall be a Council of Commonwealth,
State, Northern Territory and the Australian Capital Territory Ministers to be
known as the Ministerial Council for Road Transport.
11.(1) The Ministerial Council shall consist of a member, representing:

   (a)  in the period from the execution of this Agreement until the date of
        the coming into force of the Commonwealth Road Transport Legislation,
        each Party to this Agreement; and

   (b)  after that date, each Participating Party and the Australian Capital
        Territory, who shall be a Minister appointed by the Prime Minister,
        Premier, or Chief Minister, of that Participating Party or the
        Australian Capital Territory, as the case may be.

(2) A member of the Ministerial Council may appoint a delegate to attend a
meeting of the Ministerial Council in place of that member.

(3) References in this Agreement (other than in clause 11(1)) to a member of
the Ministerial Council shall include a delegate in respect of attendance at
any such meeting.
PART VII - FUNCTIONS OF MINISTERIAL COUNCIL
12. The functions of the Ministerial Council shall, having regard to the
principles and objectives stated in Recitals C. and D., be to:

   (a)  consider policy questions relating to the Road Transport Legislation
        and any recommendations of the National Commission not otherwise
        mentioned in this clause as to be considered;

   (b)  refer any question to the National Commission for consideration and
        report;

   (c)  consider and approve or disapprove annual or supplemental budgets and
        programs of the National Commission or the Interim Body in relation to
        their operations submitted by that Commission or Body;

   (d)  agree, pursuant to clause 31, the proportion of the budget of the
        National Commission to be borne by each Participating Party and the
        Australian Capital Territory;

   (e)  consider whether to disapprove the text of:

   (i)  the proposed Commonwealth Act submitted to it by the Interim Body; and

   (ii) Road Transport Legislation submitted to it by the National Commission;

   (f)  consider whether to disapprove the level of Road Charges and the rate
        of Road Use Charges, recommended by the National Commission for
        Vehicles operating within or across the boundary of a Zone;

   (g)  consider whether to disapprove changes to the Charging Principles
        recommended by the National Commission;

   (h)  consider whether to disapprove the replacement of a Zone, for purposes
        other than a Road Charge, with other Zones recommended by the National
        Commission;

   (i)  consider whether to approve the replacement of a Zone relating to a
        Road Charge with another Zone or Zones recommended by the National
        Commission;

   (j)  nominate the appointment, or recommend the removal, of members of the
        National Commission;

   (k)  approve the form of the financial statements, as specified in clause
        33, and the annual report of the National Commission;

   (l)  approve the uniform reporting and audit regime developed pursuant to
        sub-clause 30(4);

   (m)  oversee the administration by Participating Parties and the Australian
        Capital Territory of Road Transport Legislation;

   (n)  approve the guidelines for the preparation of regulatory impact
        statements produced by the National Commission pursuant to paragraph
        20(1)(e);

   (o)  disapprove Application Orders; and

   (p)  terminate Emergency Orders.
PART VIII - PROCEEDINGS OF MINISTERIAL COUNCIL
13.(1) Ordinary meetings of the Ministerial Council shall be held at such
times and places as are from time to time decided by the Ministerial Council
but, in any event, not less than once in each calendar year.

(2) A special meeting of the Ministerial Council may be convened by any member
by giving 28 days (or such other shorter period as may be accepted by all
members for the purpose of the meeting) notice in writing to all other
members.

(3) A special meeting shall not, except with the agreement of all members of
the Ministerial Council, consider a matter which has not been specified in, or
at the time of, the notice of the special meeting.
14. The quorum for consideration of a resolution at a meeting of the
Ministerial Council shall be that number of Voting Members equal to the
integer immediately above 50 percent of the total number of Voting Members.
15.(1) The Chairperson of a meeting of the Ministerial Council shall be
decided by the Ministerial Council prior to or, if not previously decided, at
the meeting.

(2) At a meeting of the Ministerial Council the Chairperson shall:

   (a)  in the case where the Chairperson is a Voting Member, have a
        deliberative, but not a casting, vote; and

   (b)  in all other cases, have no vote.
16. The Ministerial Council will carry a resolution by a simple majority of
Voting Members in favour of the resolution except in relation to:

   (a)  a matter referred to in paragraphs 6 (2)(b), 7(2)(b) and clause 31
        where the vote of all Voting Members in favour of the resolution shall
        cause the resolution to be carried;

   (b)  a matter referred to in paragraph 12(f) where a vote in favour of the
        resolution to disapprove the level of Road Charges, of 50% or more of
        all the Voting Members shall cause the resolution to be carried;

   (c)  a matter referred to in paragraph 12(g) where the vote of more than
        one third of the Voting Members in favour of the resolution to
        disapprove the changes recommended to Charging Principles by the
        National Commission shall cause the resolution to be carried;

   (d)  a matter referred to in paragraph 12(i) where a vote, in favour of a
        resolution to approve replacing a Zone relating to a Road Charge with
        another Zone or Zones, of three-quarters or more of all the Voting
        Members shall cause the resolution to be carried; and

   (e)  a matter referred to in paragraph 12(j), where the vote oftwo-thirds
        or more of the Voting Members in favour of the resolution to nominate
        the appointment, or recommend the removal, of members to the National
        Commission shall cause the resolution to be carried.
17. A resolution which, without being considered at a meeting of the
Ministerial Council, is referred to all Voting Members of the
Ministerial Council who indicate in writing whether transmitted by electronic
or other means, to the National Commission, that they are in favour, shall be
as valid and effective as if the resolution had been passed at a duly convened
meeting of the Ministerial Council.
18.(1) Subject to the provisions of sub-clauses 18(2), and 18(3), the
Australian Local Government Association shall be entitled to nominate in
writing to the Chairperson of the National Commission a person who shall be
entitled to receive notices of meetings of the Ministerial Council and to
attend meetings of the Ministerial Council as an observer but not as a member.

(2) Upon receipt of the nomination referred to in sub-clause 18(1), the
Chairperson of the National Commission shall advise in writing each member for
the time being of the Ministerial Council of the person nominated.

(3) No meeting of the Ministerial Council shall be deemed to be improperly
held by reason of:

   (a)  there being no person nominated pursuant to sub-clause 18(1); or

   (b)  the person nominated pursuant to sub-clause 18(1) not having been
        sent, or not having received, a notice of a meeting of the
        Ministerial Council or not being in attendance at any meeting of the
        Ministerial Council.
19. Subject to the previous provisions of this Part, the Ministerial Council
may determine its own procedure and for that purpose may make rules of
procedure, including rules relating to notices of meetings and conduct of
business at meetings, and may from time to time alter such rules.
PART IX - NATIONAL ROAD TRANSPORT COMMISSION
20.(1) Subject to this Agreement and to the responsibility of the States and
the Territories for day-to-day administration, having regard to the principles
and objectives stated in Recitals C. and D., the functions of the National
Commission shall be to have and to exercise responsibility both for the policy
development in relation to Road Transport and for overseeing the
administration by Participating Parties and the Australian Capital Territory
of Road Transport Legislation and for the provision of information with
respect to such Legislation and the preparation and issuing of guidelines and
principles of administration to the Participating Parties and the Australian
Capital Territory, and the recommending to the Ministerial Council of:

   (a)  the proposed Road Transport Legislation;

   (b)  proposed Road Charges, and a Road Use Charge relating to Vehicles
        operating within or across the boundary of a Zone;

   (c)  Charging Principles;

   (d)  uniform reporting and audit regime pursuant to sub-clause 30(4);

   (e)  guidelines for the preparation of regulatory impact statements
        concerning proposed Road Transport Legislation;

   (f)  one of the options set out in sub-clause 38(1); and

   (g)  Application Orders, and recommending Emergency Orders to the
        Participating Parties and the Australian Capital Territory.

(2) The National Commission may recommend:

   (a)  the replacement of a Zone for any purpose, other than the imposing of
        a Road Charge, with another Zone or other Zones; and

   (b)  the replacement of a Zone for the imposition of a Road Charge with
        another Zone or other Zones, which:

   (c)  in the case of any replacement Zone referred to in paragraph (a), if
        not disapproved by the Ministerial Council within a period of at least
        two months or any lesser period agreed by the Ministerial Council,
        shall constitute a Zone for all members of the Ministerial Council
        whose territory in whole or part lies within that Zone until any
        further recommendation, not so disapproved is made; or

   (d)  in the case of any replacement Zone referred to in paragraph (b) if
        approved by the Ministerial Council within a period of at least two
        months or any lesser period agreed by the Ministerial Council, shall
        constitute a Zone for all members of the Ministerial Council whose
        territory in whole or in part lies within that Zone until any further
        recommendation, so approved is made.

(3) The National Commission in recommending Road Charges, and a Road Use
Charge to the Ministerial Council shall ensure that by no later than 1 July
1995 the charges it recommends comply with the Charging Principles, and
recover fully the road costs of all Vehicles based on average annual distances
travelled except for road trains, which are to receive concessions of up to
50% of full cost recovery Mass-distance Charges. Road train charges should
achieve full cost recovery by 1 July 2000 at the latest. In arriving at its
recommended charges the Commission is to:

   (a)  use PAYGO for determining what expenditure is to be recovered until an
        improved method of cost recovery becomes available;

   (b)  use a common methodology, initially based on the model employed by the
        Inter-State Commission in its 1990 Report but enhanced with further
        research currently being undertaken by the Australian Road Research
        Board;

   (c)  initially adopt the expenditure allocation template to be endorsed by
        AUSTROADS in the PAYGO process; and

   (d)  make use of the Australian Bureau of Statistics Survey on Motor
        Vehicle Use road task data (with appropriate upgrading) as the source
        of this data.

(4) The National Commission in determining expenditure on roads for the
purposes of PAYGO is to:

   (a)  use the average of the most recent two years' actual and the next
        year's budgeted expenditure on road construction and maintenance (all
        indexed), by Commonwealth, State, Territory and local government road
        authorities; and

   (b)  exclude road expenditure financed by means such as fuel franchise fees
        and road tolls where so nominated by a State or Territory.

(5) In recommending charges to apply no later than 1 July 1995 the National
Commission is to consider whether more refined distance-based charging methods
are warranted. The manner in which this might be done, the classes of Vehicles
to be covered and when more refined distance-based charges should apply are
matters on which the Commission shall report to the Ministerial Council.

(6) To assist the National Commission in discharging the responsibility set
out in sub-clause 20(1), the National Commission shall consult with interested
persons and may, from time to time, appoint committees. The number of members
of, manner of appointment to and removal from, and terms and conditions of
appointment to such committees, are to be determined by the National
Commission.

(7) Proposed Commonwealth Road Transport Legislation submitted to the
Ministerial Council shall be accompanied by a regulatory impact statement.

(8) The National Commission shall prepare regulatory impact statements.

(9) The National Commission shall report within three months after the expiry
of each financial year to the Commonwealth Parliament on the administration
and enforcement by Participating Parties and the Australian Capital Territory
of the Commonwealth Road Transport Legislation.
21.(1) The National Commission shall:

   (a)  be a body corporate with the corporate name of the National Road
        Transport Commission;

   (b)  consist of three part-time members who shall be known as members; and

   (c)  be under the administrative control of the Commonwealth Minister who
        from time to time has responsibility for the Road Transport
        Legislation.

(2) The members shall be appointed by the Governor-General on the nomination
of the Ministerial Council.

(3) A Chairperson and a Deputy Chairperson of the National Commission shall,
on the nomination of the Ministerial Council, be appointed by the
Governor-General from the members for the time being of the National
Commission.

(4) In the event of a vacancy in the office of Chairperson or the absence of
the Chairperson from duty or from Australia, the Deputy Chairperson shall act
as Chairperson.

(5) A member shall, subject to the provisions of the Commonwealth Act, hold
office for such period not exceeding three years as is specified upon
appointment and shall be eligible for re-appointment once only.
22.(1) The business of the National Commission shall be conducted at meetings
of members and in such other manner as is provided by the Commonwealth Act.

(2) The quorum for a meeting of the National Commission shall be two members,
of whom one shall be the Chairperson or, in the absence of the Chairperson
from duty or from Australia, the Deputy Chairperson.

(3) The Chairperson of the National Commission or, in the absence of the
Chairperson, the Deputy Chairperson, will preside at meetings.

(4) The member presiding at a meeting shall have a deliberative, but not a
casting, vote.
23.(1) The National Commission shall have power to delegate any of its
administrative functions to an administration, or to an officer of an
administration, of the Commonwealth, a State or a Territory.

(2) In performing its functions and exercising its powers, including the power
of delegation, the National Commission shall have regard to the principle of
the maximum development of a decentralized capacity to carry out the uniform
policy and administration of the scheme.
24. The staff of the Commission shall consist of such persons as are employed
by it in accordance with the Commonwealth Act and may include persons who, by
arrangement between the Commonwealth and a State or Territory, are provided
for the performance of services for the National Commission.
25. The Participating Parties, the Australian Capital Territory and the
Australian Local Government Association shall in writing:

   (a)  record; and

   (b)  report, to the National Commission road expenditure under a method to
        be developed by AUSTROADS.
PART X - STATE AND TERRITORY ADMINISTRATIONS
26. The administration of Commonwealth Road Transport Legislation within the
Australian Capital Territory and Jervis Bay Territory and within each State
and the Northern Territory which applies the Commonwealth Road Transport
Legislation in accordance with the scheme established under this Agreement
shall, to the maximum extent practicable, be carried out by the entities and
personnel of the administration of the relevant Participating Party or the
Australian Capital Territory, and the Commonwealth, as the case may be, but
the National Commission shall oversee in accordance with clause 20, those
entities in the performance of those functions.
27.(1) The exercise by the National Commission of responsibility for the
administration of Road Transport Legislation shall not extend to matters
relating to:

   (a)  the Australian Public Service;

   (b)  the Public Service of a State or Territory;

   (c)  the management and provision of facilities or services or both of a
        State or Territory administration; or

   (d)  any functions of a State or Territory administration that are not
        included within the scope of operation of the scheme established under
        this Agreement.
28. Members of the Ministerial Council or their delegates shall be entitled to
be notified of, and to be given information concerning, any matter being dealt
with by the National Commission and shall have the right to refer any matter
arising out of or in connection with their responsibilities directly to the
National Commission for consideration.
29. Each Participating Party and the Australian Capital Territory will provide
the funds and other resources necessary for its administration to carry out
the functions of that administration in accordance with the scheme established
under this Agreement.
PART XI - INTERIM ARRANGEMENTS
30.(1) As soon as practicable after this Agreement comes into force, the
Parties to this Agreement will establish an Interim Body which, pending the
establishment of the National Commission, shall provide services in relation
to:

   (a)  the carrying out of any function for the purposes of clause 5; and

   (b)  advice to the Ministerial Council on the proposed legislation referred
        to in clause 6.

(2) Subject to sub-clause 20(3), until 30 June 1995 Road Charges imposed by a
Participating Party, and the Australian Capital Territory and the Road Use
Charge imposed by the Commonwealth are to be recommended by the National
Commission in accordance with the Charging Principles and:

   (a)  the first set of those charges to apply from a date no later than 1
        January 1993 is to be determined and recommended by March 1992; and

   (b)  the phasing-in of full-cost recovery of those Road Charges based on
        the average distance travelled by Vehicles is to be determined by the
        National Commission and take account of:
-- the impact of varied Mass-distance Charges on the road transport industry
and industry generally,
-- the effects of varied Mass-distance Charges on particular regions, such as
some in remote Australia, and
-- the different levels of charges that currently exist in each jurisdiction.

(3) For the purposes of sub-clauses 30(1) and 30(2), the Parties:

   (a)  may jointly retain the services of persons whom they consider should
        be retained;

   (b)  may make available the services of appropriate officers for the same
        purpose; and

   (c)  shall share the costs of the Interim Body in such proportions as may
        be agreed between them.

(4) The Interim Body established pursuant to sub-clause 30(1) shall develop a
uniform reporting and audit regime which, subject to subsequent endorsement by
the National Commission and approval by the Ministerial Council, shall apply
to the information, including that relating to expenditure on road
construction and maintenance, which may be required, from time to time, from
the Participating Parties and the Australian Capital Territory by the National
Commission upon its establishment.

(5) The audit regime referred to in sub-clause 30(4) shall, to the maximum
extent practicable, rely upon the certification of the relevant information by
the Auditors-General of the Participating Parties.
PART XII - FUNDING OF NATIONAL COMMISSION
31. The funds required for the establishment and functioning of the National
Commission shall be provided by the Parties until 30 June 1992 and thereafter
by the Participating Parties and the Australian Capital Territory in such
shares as may be agreed unanimously by the Ministerial Council.
32. The Participating Parties and the Australian Capital Territory shall take
all practicable measures to ensure that, once the National Commission has been
established, any increase in the level of its expenditure brought about by an
increase in staff or by extension of its functions will result in a combined
saving in aggregate of the costs previously incurred by the Participating
Parties and the Australian Capital Territory in respect of those functions
conferred on the National Commission by Commonwealth legislation of at least
twice the amount of that increase incurred by the National Commission.
PART XIII - REPORTS AND STATEMENTS
33.(1) The National Commission shall be required by the Commonwealth Act to
prepare, as soon as practicable after each Financial Year, an annual report
and financial statements in respect of that year in such form as is approved
from time to time by the Ministerial Council. Those statements would include
the expenditure reported to the National Commission pursuant to clause 25.

(2) The annual report and financial statements in respect of each Financial
Year shall be submitted to:

   (a)  the responsible Minister of the Commonwealth for presentation to the
        Commonwealth Parliament;

   (b)  each member of the Ministerial Council for presentation to their
        Parliaments; and

   (c)  the Ministerial Council.

(3) The principles and procedures on which the National Commission recommends
Road Charges and a Road Use Charge shall, together with the relevant data used
for these recommendations, be made public.
PART XIV - AMENDMENT OF LEGISLATION
34.(1) The Commonwealth will not:

   (a)  submit to the Commonwealth Parliament any Bill to amend the
        Commonwealth Act; or

   (b)  cause to be submitted to the Appropriate Authority any proposed
        legislation which would amend the Road Transport Legislation, unless
        the amendment which will be made by the Bill or by the proposed
        legislation, as the case may be, has been recommended by the National
        Commission and, having been submitted to the Ministerial Council for
        its consideration for at least two months, has not been disapproved
        within that period by the Ministerial Council.

(2) If any proposed amendment to legislation is not disapproved by the
Ministerial Council, the Commonwealth will submit that proposed amendment to
the Appropriate Authority and take such steps as are appropriate to secure its
enactment or making.
35. A State or the Northern Territory will not submit to its Parliament
legislation or take action for the making of regulations which will, upon
coming into force, conflict with the legislation referred to in clause 8.
PART XV - ADMINISTRATIVE AND LIKE LAWS
36. Each Participating Party, other than the Commonwealth, shall do all that
is practicable to ensure that its legislation if any, relating to the review
of administrative decisions, review by an Ombudsman, privacy, freedom of
information and archives applies to decisions made by the administration of
that Participating Party.
PART XVI - DISPUTE RESOLUTION
37.(1) Should the National Commission resolve that a Participating Party or
the Australian Capital Territory is acting contrary to, or failing to
otherwise comply with, a provision of this Agreement or there is a failure to
pass legislation required to be passed through its Parliament, then it shall
inform the relevant member of the Ministerial Council representing that Party
of its resolution and of its intention to refer the matter to the
Ministerial Council unless the alleged act or failure is remedied or
satisfactorily explained.

(2) If the matter is not settled, the National Commission shall inform the
member of the Ministerial Council representing such Participating Party that
it is referring the matter to the Ministerial Council to determine whether
further action should be taken including fixing of a further period within
which the matter shall be remedied by the Participating Party.

(3) If the matter is not remedied to the satisfaction of the
Ministerial Council within the period referred to in sub-clause 37(2) then the
matter may be referred by the Ministerial Council to the next Premiers'
Conference for resolution.
PART XVII - REVIEW
38.(1) Six months before the first or any subsequent expiry of the
Commonwealth Act and the Commonwealth Road Transport Legislation, the National
Commission shall have completed a review of such legislation and have
recommended to the Heads of Government of the Participating Parties and the
Australian Capital Territory whether the legislation should:

   (a)  be allowed to expire;

   (b)  be re-enacted or re-made for a further period of six years or a lesser
        period in its existing form; or

   (c)  be re-enacted or re-made in a modified form.

(2) Those Heads of Government shall make their decision on any recommendation
as to either the Commonwealth Act or the Commonwealth Road Transport
Legislation made to them pursuant to sub-clause 38(1) by majority vote and if
the decision is in relation to paragraphs (b) and (c) of sub-clause 38(1) take
all practicable steps to ensure re-enactment or re-making before the expiry of
that Legislation.

(3) The Heads of Government may at any time before the expiry of six years
after this Agreement first comes into force, review the operation of the Road
Transport Legislation and if they unanimously resolve to terminate that
Legislation and this Agreement, do all that is practicable to terminate them.
PART XVIII - ACCESSION
39.(1) Any State or the Northern Territory, not being a Party to this
Agreement, may elect so to become by notice in writing to the Participating
Parties and shall thereafter be bound by the provisions of this Agreement; and

(2) Any Party to this Agreement, not being a Participating Party, may so
become by the passage or making of legislation of the kind referred in clause
8.
PART XIX - MOTOR VEHICLES STANDARDS ACT 1989
40.(1) This Agreement is not to extend to any matter the subject of the Motor
Vehicles Standards Act 1989, an Act of the Commonwealth Parliament.

(2) The Commonwealth undertakes to:

   (a)  take all practicable steps to amend the Motor Vehicles Standards Act
        1989 in any respect which the National Commission recommends, being a
        recommendation not disapproved by a majority of all the persons who
        are members of the Ministerial Council within two months after that
        recommendation;

   (b)  adopt as the standards relating to Vehicles those recommended by the
        National Commission and not disapproved by a majority and within a
        period of the kind referred to in paragraph 40(2)(a); and

   (c)  consult with the National Commission and the Ministerial Council at
        the earliest opportunity on the most appropriate way of dealing with
        the operation of the Commonwealth Road Transport Legislation and the
        Motor Vehicles Standards Act 1989 while this Agreement continues to be
        confined to Vehicles as that word is defined in this Agreement. IN
        WITNESS WHEREOF this Agreement has been respectively signed for and on
        behalf of the parties as at the day and year first above written.
        SIGNED by the Honourable ROBERT JAMES LEE HAWKE, Prime Minister of the
Commonwealth of Australia,               BOB HAWKE
in the presence of -
J. KERIN SIGNED by the Honourable NICHOLAS FRANK GREINER, Premier of the State
of New
South Wales,                        NICK GREINER
in the presence of -
R. T. PERRY SIGNED by the Honourable JOAN ELIZABETH KIRNER, Premier of the
State of
Victoria,                              JOAN E. KIRNER
in the presence of -
R. T. PERRY SIGNED by the Honourable WAYNE KEITH GOSS, Premier of the State of
Queensland, WAYNE GOSS in the presence of -
R. T. PERRY SIGNED by the Honourable CARMEN MARY LAWRENCE, Premier of the
State of Western
Australia,                    CARMEN LAWRENCE
in the presence of -
R. T. PERRY SIGNED by the Honourable JOHN CHARLES BANNON, Premier of the State
of South
Australia,                     JOHN BANNON
in the presence of -
R. T. PERRY SIGNED by the Honourable MICHAEL WALTER FIELD, Premier of the
State of Tasmania, M. FIELD in the presence of -
R. T. PERRY SIGNED by ROSEMARY FOLLETT, Chief Minister of the Australian
Capital Territory, ROSEMARY FOLLETT in the presence of -
R. T. PERRY