EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 148

 

Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

National Transport Commission Act 2003

 

National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail – Package No. 1) Regulations 2009

 

Section 52 of the National Transport Commission Act 2003 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The provisions of the Act are supported by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport (the IGA), which serves to formalise the cooperative arrangements between the Commonwealth, States and Territories and define the roles and responsibilities of the National Transport Commission (the NTC), the Australian Transport Council and the jurisdictions. Clause 14 of the IGA requires the Commonwealth to submit model legislation for inclusion in schedules to regulations under the Act. The proposed Regulations would implement this commitment.

 

The Regulations provide amendments to the model legislation contained in the National Transport Commission (Model Legislation – Transport of Dangerous Goods by Road or Rail) Regulations 2007 (the Principal Regulations) which together with the Dangerous Goods Act 1995 and the Australian Code for the Movement of Dangerous Goods by Road and Rail (Seventh Edition) regulate the movement of dangerous goods in Australia. The amendments are mostly of a mechanical nature, providing for corrections and clarifications to the Principal Regulations. The Regulation is in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available – for instance, the provisions may be incorporated into the law of a jurisdiction by way of amendment of existing legislation.

 

The objects of the Regulations are to:

 

(a)    clarify the intended operation of various provisions and correct minor drafting errors;

(b)    rectify various inconsistencies in the formulation of duties and definitions arising from the complexity of the Australian Code for the Movement of Dangerous Goods by Road and Rail (Seventh Edition);

(c)    simplify Part 4 of the Principal Regulations by consolidating duties that had previously applied to different packaging types;

(d)    make changes to ensure that recommended penalties are consistent and appropriate; and

(e)    provide greater certainty in the legal foundations that underpin the functions exercised by the competent Authorities Panel.

 

The Regulations provide for a number of minor amendments and clarifications to the Principal Regulations which were approved by the Australian Transport Council (ATC) on 28 February 2007. The NTC developed the Regulation following consultation with industry and other representatives including those from Occupational Health and Safety and environmental regulators who formed part of the Dangerous Goods Steering Group.

 

The amendments are minor clarifications to the Principal Regulations and do not affect the regulatory burden on any parties. The proposed Regulations did not require a supporting Regulatory Impact Statement (RIS). The Office of Best Practice Regulation (OBPR) provided the Regulations with an exemption from further regulatory impact statement examination as the amendments were found to be minor and mechanical in nature.

 

The NTC submitted the draft National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail – Package No. 1) Regulations 2009 to the Transport Agency Chief Executives (TACE) for noting. The legislative package was the submitted to the Australian Transport Council (ATC) for voting. The ATC unanimously approved the Regulations on 15 August 2008.

 

Section 7 of the Act provides that the regulations may set out model legislation, being legislation developed by the NTC in accordance with the IGA. Paragraph 7(2)(a) of the Act provides that model legislation does not have the force of law. The schedules to the regulations serve only as a repository for nationally agreed reforms, which may then be implemented by jurisdictions.

 

Item 44 of the table to subsection 44(2) of the Legislative Instruments Act 2003 together with item 7 of Schedule 2 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to disallowance. In addition, item 51 of the table to subsection 54(2) of the Legislative Instruments Act 2003 together with item 4 of Schedule 3 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to sunsetting.