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1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to amend the Traffic Act 1909 to adopt (with minor modifications) the
definitions of road and road related area in the Road Transport
Reform (Heavy Vehicles Registration) Act 1997 of the Commonwealth
("the Commonwealth Act") and to replace references to public streets
in the Traffic Act I909 with references to roads and road related areas,
and
(b) to replace the definitions of motor vehicle and trailer in the Traffic Act
1909 with definitions that are consistent with the definitions of those
terms in the Commonwealth Act, and
(c)
to empower the Minister for Roads to declare, by notice published in
the Gazette, that the Traffic Act 1909 or regulations under that Act
apply to specified areas that are open to or used by the public or do not
apply to specified roads or road related areas, and
(d) to make amendments to the Traffic Act 1909 in the nature of statute
law revision and to provide for savings and transitional matters, and
(e)
to make consequential amendments to various other Acts and various
Regulations to adopt the updated terminology in the Traffic Act 1909.
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 Traffic
Act 1909 set out in Schedules 13.
Clause 4 is a formal provision giving effect to the amendments to various
other Acts set out in Schedule 4.
Clause 5 is a formal provision giving effect to the amendments to various
Regulations set out in Schedule 5.
Schedule 1 amends the Traffic Act 1909 by:
(a) removing references to "public street" in the Act and replacing them
with references to "road or road related area", and
(b) inserting new definitions of road and road related area that are
consistent with the definitions of those terms in the Commonwealth
Act, and
(c) conferring a power on the Minister for Roads, in a manner consistent
with the Commonwealth Act, to declare, by notice published in the
Gazette, that the Act or regulations (or specified provisions of them):
(i)
apply to any specified area that is open to or used by the public,
or
(ii)
do not apply to a specified road or road related area.
Schedule 2 amends the
Traffic Act 1909 by replacing the definitions of motor
vehicle and trailer with definitions (and by inserting a definition of use of a
vehicle) that are consistent with the definitions of those terms in the
Commonwealth Act and by making consequential amendments to the rest of
the Act.
Explanatory note page 2
Schedule
3 amends the Traffic Act 1909 to make certain amendments in the
nature of statute law revision and to provide for certain savings and
transitional matters consequent on the enactment of the proposed Act. In
particular, Schedule 3 [l] enables regulations to be made for the refund of
fees for unregistered vehicle permits.
Schedule 4 makes amendments to various other Acts that are consequential
on the amendments made to the Traffic Act 1909.
Schedule 5 makes amendments to various Regulations that are consequential
on the amendments made to the Traffic Act 1909.
A list of the Acts and Regulations to be amended by the proposed Act is set
out in the Note at the end of the Bill.
Explanatory note page 3