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Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to amend the Road Transport (Heavy Vehicles Registration Charges)
Act 1995 so as:
(i)
to ensure that the registration charges payable under that Act
with respect to primary producers' vehicles do not exceed the
motor vehicle tax that would be payable for those vehicles under
the Motor Vehicles Taxation Act 1988 were that Act to apply to
them, and
(ii)
to validate certain administrative action that has been taken
since 2 1 June 1996 to achieve the purpose referred to in
subparagraph (i), and
(iii) to make other minor, consequential and ancillary amendments,
and
(b) to amend the Motor Vehicles Taxation Act 1988 so as:
(i)
to ensure that the cap that applies to the motor vehicle tax
payable for motor lorries exceeding 2500 kilograms in weight
when used for business purposes applies also to such motor
lorries when used for private purposes, and
(ii)
to make other minor, consequential and ancillary amendments.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Road
Transport (Heavy Vehicles Registration Charges) Act 1995 set out in
Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the Motor
Vehicles Taxation Act 1988 set out in Schedule 2.
Schedule 1 Amendment of Road Transport (Heavy
Vehicles Registration Charges) Act 1995
Schedule 1 [1] amends section 7 of the Act so as to ensure that the
registration charges payable under that Act with respect to primary
producers' vehicles do not exceed the motor vehicle tax that would be
payable for those vehicles under the Motor Vehicles Taxation Act 1988 were
that Act to apply to them.
Schedule 1 [2] and [3] amend section 13 of the Act so as to ensure that the
offence of driving an unregistered vehicle on a public street applies not only
in relation to unpaid charges under section 7 of the Act but also to unpaid
charges and additional charges under section 20 of the Act.
Schedule 1 [4] specifies a maximum penalty of 100 penalty units (currently
$11,000) for the offence created by section 20 (1) of the Act (the offence of
failing to notify the Roads and Traffic Authority of any change in the
construction, equipment, configuration, use or ownership of a registered
vehicle).
Explanatory note page 2
Schedule 1 [5] amends section 20 of the Act so as to create a new offence
(with a maximum penalty of 100 penalty units (currently $11,000)) of
authorising or permitting a person to drive a registered vehicle in respect of
which any change in the construction, equipment, configuration, use or
ownership of a registered vehicle has not been notified to the Roads and
Traffic Authority.
Schedule 1 [6] amends the definition of MRC (an abbreviation for the
expression Mass Rating for Charging) in clause 1 of Schedule 1 to the Act so
as to enable the Roads and Traffic Authority, in calculating the Mass Rating
for Charging of a vehicle, to disregard the information on the vehicle's
compliance plate where the vehicle has been modified.
Schedule 1 [7] and [11] insert new Part headings in Schedule 2 to the Act
(the Schedule of savings and transitional provisions).
Schedule 1 [9] amends clause 1 of Schedule 2 to the Act so as to enable the
regulations to make provision of a savings or transitional nature consequent
on the enactment of the proposed Act.
Schedule 1 [8] and [10] make consequential amendments to clause 1 of
Schedule 2 to the Act.
Schedule 1[12] inserts a new Part 3 into Schedule 2 to the Act. The new Part
contains a single clause (clause 6) that validates certain administrative action
that has been taken since 21 June 1996 to ensure that the registration charges
payable under the Act with respect to primary producers' vehicles do not
exceed the motor vehicle tax that would be payable for those vehicles under
the Motor Vehicles Taxation Act 1988 were that Act to apply to them.
Schedule 2 Amendment of Motor Vehicles Taxation Act
1988
Schedule 2 [1] and [2] amend section 9 of the Act so as to ensure that the
offence of driving an unregistered vehicle on a public street applies not only
in relation to unpaid motor vehicle taxes under section 8 of the Act but also
to unpaid taxes and additional taxes under section 12 of the Act.
Schedule 2 [3] and [4] amend clause 9 of Schedule 1 to the Act so as to
ensure that the cap that applies to the motor vehicle tax payable for motor
lorries exceeding 2 500 kilograms in weight when used for business purposes
applies also to such motor lorries when used for private purposes.
Explanatory note page 3