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Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to provide for a system for the registration of heavy vehicles in New
South Wales that is substantially consistent with the national system of
registration for heavy vehicles agreed between the States, the
Territories and the Commonwealth, and
(b)
to provide for certain components of that system also to apply to light
vehicles, and
(c)
to make consequential amendments to the Traffic Act 1909 and other
Acts.
Preliminary
Clause
1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 sets out the objects of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act. In
particular, registrable vehicle is defined to mean any heavy vehicle or other
motor vehicle, a trailer or any other vehicle prescribed by the regulations.
Clause 5 applies the provisions of the Acts Interpretation Act 1901 of the
Commonwealth (with minor exceptions) to the interpretation of the proposed
Act. However, the provision does not prevent the Interpretation Act 1987
from applying to the interpretation of the proposed Act in circumstances
where there is no conflict with that Commonwealth Act.
Clause 6 provides that notes in the text of the proposed Act do not form part
of the proposed Act.
Part 2
Registration system
Division 1
Powers and functions of the Authority
Clause 7 provides for the functions of the Roads and Traffic Authority (the
Authority) in relation to the administration of the registration scheme to be
established under the proposed Act.
Clause 8 confers certain powers on the Authority to be exercised in
accordance with regulations made under the proposed Act. For instance, the
Authority is empowered to do the following:
*
to register, or refuse to register, registrable vehicles,
*
to transfer, or refuse to transfer, the registration of a registrable vehicle,
*
to permit, or refuse to permit, the use of an unregistered registrable
vehicle,
*
to impose conditions on the registration of registrable vehicles and the
use of unregistered registrable vehicles,
*
to suspend or cancel registration,
*
to fix administrative fees for services provided in connection with
various registration processes.
Explanatory note page 2
Clause 9 provides that the Authority cannot register a registrable vehicle
unless it is satisfied that its garage address is in New South Wales.
Clause 10 makes it clear that the proposed Act is not intended to provide
any evidence of title to any registrable vehicle. However, this does not
prevent the Authority from recording details of ownership in the Register
maintained under proposed section 7 of the proposed Act.
Clause 11 requires the Authority to ensure that information in the Register
of a personal or commercially sensitive nature can only be released in
accordance with the criteria to be specified by the regulations or in
accordance with any other relevant law.
Clause 12 provides that the Authority may delegate any or all of its powers
under the proposed Act or regulations to any person prescribed by the
regulations for that purpose.
Clause 13 provides that devices, plates or documents issued by the
Authority in the course of registering a registrable vehicle remain the
property of the Authority.
Division 2
Regulations
Clause 14 enables the Governor to make regulations for the purposes of the
proposed Act. It provides for various other general matters for which the
regulations may make provision such as the adoption of provisions contained
in other publications and the creation of offences by the regulations with a
maximum penalty of 20 penalty units (currently $2,200).
Clause 15 sets out the matters for which regulations made under the
proposed Act may make provision to establish the registration scheme
contemplated by the proposed Act.
Clause 16 provides that the regulations may exempt particular registrable
vehicles from the provisions of the proposed Act and may do so subject to
conditions. It also provides that the regulations may provide that specified
provisions of the Road Transport (Heavy Vehicles Registration Charges) Act
1995, the Roads Act 1993 and the Traffic Act 1909 (or regulations made
under those Acts) do not apply to registrable vehicles.
Clause 17 provides for persons aggrieved by prescribed decisions under the
proposed Act or the regulations to apply to the Administrative Decisions
Tribunal for a review of such decisions.
Explanatory note page 3
Part 3
Offences and evidence
Clause 18 makes it an offence for a person to use an unregistered registrable
vehicle on a road or road related area unless the vehicle is exempted from the
operation of the proposed Act or its use is otherwise permitted under the
proposed Act. Proposed section 4 defines use of a vehicle to include the
standing of a vehicle. The maximum penalty for any such offence is to be 20
penalty units (currently $2,200).
Clause 19 makes it an offence for a person to attempt to register, or obtain
an unregistered vehicle permit for, a registrable vehicle (or to possess a
device, plate or document obtained) by dishonest means. The maximum
penalty for any such offence is to be 20 penalty units (currently $2,200).
Clause 20 makes it an offence for a person to use a registrable vehicle
contrary to conditions or a prohibition imposed by a police officer or the
Authority under proposed section 26. The maximum penalty for any such
offence is to be 20 penalty units (currently $2,200).
Clause 21 sets out the obligations of the registered operator of a registrable
vehicle in respect of the display of plates and labels on the vehicle,
documents that must be carried or produced and compliance with directions
of the Authority in respect of the vehicle. It also makes it clear that the
proposed Act does not affect the obligations of a registered operator to
comply with the Motor Accidents Act 1988 and the Stamp Duties Act 1920.
Clause 22 provides that a court may admit into evidence a document signed
on behalf of the Authority certifying certain matters about the registration of
a registrable vehicle or its registered operator. The court must accept the
documents as proof of the facts stated in them if there is no evidence to the
contrary. It also provides that a court may admit into evidence other
documents prescribed by the regulations.
Part 4
Miscellaneous
Clause 23 provides that the proposed Act binds the Crown.
Clause 24 provides that the Minister may suspend or vary the application of
the regulations in accordance with the inter-governmental agreements
scheduled to the National Road Transport Commission Act 1991 of the
Commonwealth. It also provides that if the Ministerial Council for Road
Transport established under those agreements terminates an emergency order,
the Minister must publish a notice of the termination in the Gazette.
Explanatory note page 4
Clause 25 enables the Minister to declare a specified area of the State to be
either included or excluded from the application of the proposed Act or the
regulations for a specified period.
Clause 26 provides that a police officer or the Authority may inspect a
registrable vehicle in order to determine its identity, condition or registration
status and may issue a vehicle defect notice or impose conditions on or
prohibit the use of a vehicle (or seize a device, plate or document suspected
of being used in committing an offence against the proposed Act) in
accordance with the regulations.
Clause 27 enables a police officer to seize certain unregistered vehicles
being used on a road or road related area. This provision is based on the
provision presently contained in section 24 of the Traffic Act 1909.
Clause 28 provides that an individual who, honestly and in good faith,
carries out duties under the proposed Act or the regulations does not incur
civil liability for any act or omission.
Clause 29 provides that a registrable vehicle in respect of which an
unregistered vehicle permit is issued under the proposed Act is taken to be
registered under the proposed Act.
Clause 30 provides that any amount of any unpaid charges or fees owed in
respect of a registrable vehicle is a debt owed to the Authority recoverable in
a court of competent jurisdiction.
Clause 31 provides that registration fees are payable by the Crown in
relation to its vehicles and by a statutory body representing the Crown in
relation to its vehicles.
Clause 32 gives effect to Schedule
which amends the Traffic Act 1909
consequentially.
Clause 33 gives effect to Schedule 2, which amends various other Acts
consequentially.
Clause 34 gives effect to Schedule 3, which contains provisions of a savings
and transitional nature.
Clause 35 provides for the Minister to review, and report to Parliament on,
the operation of the proposed Act within 12 months of the fifth anniversary
of the date on which it receives assent.
Schedules
Schedule makes consequential amendments to the Traffic Act 1909.
Schedule 2 makes consequential amendments to other Acts.
Schedule 3 makes provision for matters of a savings and transitional nature.
Explanatory note page 5