Interstate Road Transport Charge Act 1985

Act No. 131 of 1985 as amended

This compilation was prepared on 17 April 2002
taking into account amendments up to Act No. 18 of 2002

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interstate Road Transport Act.......................

4 Imposition of charge............................

5 Amount of charge..............................

5A Automatic increase of amounts of charge................

6 Regulations may decrease amounts of charge..............

7 Regulations..................................

Schedule

Part 1—Interpretation

Part 2—Annual registration charges

1 Load carrying vehicles

2 Load carrying trailer, converter dolly and low loader dolly

3 Buses

Notes 

An Act to impose a charge by way of or in the nature of a tax in respect of the registration of a motor vehicle or trailer under the Interstate Road Transport Act 1985

1  Short title [see Note 1]

  This Act may be cited as the Interstate Road Transport Charge Act 1985.

2  Commencement [see Note 1]

 (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

 (2) Subsection 3 (2) shall come into operation on the day on which section 5 of the Interstate Road Transport Act 1985 comes into operation.

 (3) The remaining provisions of this Act shall come into operation on the day on which Part III of the Interstate Road Transport Act 1985 comes into operation.

3  Interstate Road Transport Act

 (1) The Interstate Road Transport Act 1985 is incorporated and shall be read as one with this Act.

 (2) Section 5 of the Interstate Road Transport Act 1985 applies in relation to this Act in like manner as it applies in relation to Parts II and III of that Act.

4  Imposition of charge

 (1) Subject to subsection (2), a charge is imposed on the registration of a motor vehicle or trailer mentioned in Part 2 of the Schedule.

 (2) Subsection (1) does not apply to motor vehicles or trailers, or motor vehicles or trailers included in a class of motor vehicles or trailers, that are exempt from charge under the regulations.

5  Amount of charge

 (1) The amount of charge in respect of the registration of a motor vehicle or trailer referred to in Part 2 of the Schedule in relation to a year commencing on 1 July 1995 and subsequent years is the amount applicable under subsection (1A) or (1B), as the case may be.

 (1A) If the registration is for 1 year, the amount of the charge is the amount applicable to motor vehicles or trailers of that kind under the Schedule.

 (1B) If the registration is for less than 1 year, the amount of the charge is the amount worked out using the formula:

where:

charge for 1 year means the amount that would be the charge if the registration were for 1 year.

period of registration means the number of days in the period of the registration.

 (2) If a motor vehicle or trailer falls within 2 or more categories specified in Part 2 of the Schedule, the registration charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

5A  Automatic increase of amounts of charge

 (1) This section applies to the charges determined in accordance with the Schedule (including charges whose amounts have already been changed by a previous application or applications of this section or of regulations made for the purposes of section 6).

 (2) At the start of 1 July of each year, beginning with 1 July 2002, the amount of each of those charges is increased, from the amount that applied immediately before that 1 July, by the same percentage amount as is determined for the purposes of section 3A of the Road Transport Charges (Australian Capital Territory) Act 1993.

Note: In some circumstances, this rule can result in no increases occurring on a particular 1 July: see Part 4 of the Schedule to the Road Transport Charges (Australian Capital Territory) Act 1993.

 (3) As soon as practicable, the Secretary must publish in the Gazette a statement setting out the new amounts of charge that apply under this section.

6  Regulations may decrease amounts of charge

 (1) The regulations may decrease the amounts of charge that apply under sections 5 and 5A in relation to a year.

 (2) Such regulations must not decrease any amount of charge by more than 5% of the amount of charge that would apply in relation to the year if no regulations were made for the purposes of this section in relation to that year.

7  Regulations

  The Governor‑General may make regulations for the purposes of subsection 4(2) and section 6.

Schedule

Sections 5, 5A and 6

Part 1—Interpretation

 1. In this Schedule:

articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group, twinsteer axle group, tri‑axle group or quad‑axle group.

bus means a motor vehicle, built mainly to carry people, that seats more than 9 adults (including the driver).

bus (type 1) means a rigid bus that has 2 axles and an MRC not exceeding 12 tonnes.

bus (type 2) means:

 (a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or

 (b) a rigid bus that has 3 axles or 4 axles.

converter dolly means a trailer, with one axle group or single axle and a fifth wheel coupling, designed to convert a semi trailer into a dog trailer.

dog trailer means a trailer (including a trailer consisting of a semi trailer and converter dolly) with:

 (a) one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

 (b) one axle group or single axle at the rear.

drawbar means a part of a trailer (other than a semi trailer) that connects the trailer body to a coupling for towing purposes.

driver means the person driving or in control of a motor vehicle.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi trailer), used with a prime mover, semi trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

load carrying trailer means a trailer that is carrying a load or that is built to carry a load.

load carrying vehicle means a motor vehicle or trailer designed and constructed to haul or carry goods and wares in addition to any fuel, water, lubricants, tools and any other equipment or accessories necessary for normal operation of the vehicle.

long combination prime mover means a prime mover nominated to haul 2 or more trailers, but does not include a medium combination prime mover.

long combination truck means a truck nominated to haul 2 or more trailers.

low loader means a gooseneck semi trailer with a loading deck no more than 1 metre above the ground.

low loader dolly means a mass‑distributing device that:

 (a) is usually coupled between a prime mover and low loader; and

 (b) consists of a gooseneck rigid frame; and

 (c) does not directly carry any load on itself; and

 (d) is equipped with one or more axles, a kingpin and a fifth wheel coupling.

medium combination prime mover means a prime mover nominated to haul 2 semi trailers where the second semi trailer is mounted on the rear of the semi trailer being hauled by the prime mover (a B‑double prime mover).

medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer.

nominated means nominated by the person applying for registration.

operating mass, in relation to a vehicle, means the maximum mass of the vehicle, including any load, as determined by the Registration Authority having regard to the design and construction of the vehicle or of any of its components.

pig trailer means a trailer with one axle group or single axle near the middle of its load‑carrying surface, and connected to the towing vehicle by a drawbar.

pole type trailer means a trailer that:

 (a) is attached to a towing vehicle by means of a pole or an attachment fitted to a pole; and

 (b) is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports.

prime mover means a motor vehicle designed to haul a semi trailer.

quad‑axle group means a group of 4 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

semi trailer means a trailer (including a pole type trailer) that has:

 (a) one axle group or single axle towards the rear; and

 (b) a means of attachment to a prime mover that results in some of the load being imposed on the prime mover.

short combination prime mover means a prime mover nominated to haul one semi trailer.

short combination truck means a truck nominated to haul one trailer where, according to the nomination:

 (a) the combination has 6 axles or fewer; and

 (b) the maximum total mass that is legally allowable for the combination is 42.5 tonnes or less.

single axle means an axle not forming part of an axle group.

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre‑lines of the outermost axles is less than 1 metre.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre‑lines of the outermost axles is at least 1 metre but not more than 2 metres.

tri‑axle group means a group of at least 3 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 2 metres, but not more than 3.2 metres.

truck means a rigid motor vehicle that is principally constructed as a load carrying vehicle.

truck (type 1) means a truck that:

 (a) has 2 axles and an MRC not exceeding 12 tonnes; or

 (b) has 3 axles and an MRC not exceeding 16.5 tonnes; or

 (c) has 4 or more axles and an MRC not exceeding 20 tonnes.

truck (type 2) means:

 (a) a truck that has 2 axles and an MRC exceeding 12 tonnes; or

 (b) a truck that has 3 axles and an MRC exceeding 16.5 tonnes; or

 (c) a truck that has 4 or more axles and an MRC exceeding 20 tonnes.

twinsteer axle group means a group of 2 axles:

 (a) with single tyres; and

 (b) fitted to a motor vehicle; and

 (c) connected to the same steering mechanism; and

 (d) the horizontal distance between the centre‑lines of which is at least 1 metre, but not more than 2 metres.

 2.  For the purposes of this Schedule (other than the definitions of single axle group, tandem axle group, twinsteer axle group, tri‑axle group and quad‑axle group):

 (a) 2 axles not more than one metre apart are to be regarded as one axle; and

 (b) 3 axles not more than 2 metres apart are to be regarded as 2 axles; and

 (c) 4 axles not more than 3.2 metres apart are to be regarded as 3 axles.

 3. For the purposes of determining the number of trailers that a prime mover or truck may tow:

 (a) a converter dolly and a semi trailer when used together are to be regarded as one trailer; and

 (b) a low loader dolly and a low loader when used together are to be regarded as one trailer.

 4. Nothing in this Schedule applies to a vehicle with an MRC less than or equal to 4.5 tonnes.

Part 2—Annual registration charges

1  Load carrying vehicles

2  Load carrying trailer, converter dolly and low loader dolly

The amount of the charge applicable to a load carrying trailer, a converter dolly or a low loader dolly is worked out using the formula:

3  Buses

Notes to the Interstate Road Transport Charge Act 1985

Note 1

The Interstate Road Transport Charge Act 1985 as shown in this compilation comprises Act No. 131, 1985 amended as indicated in the Tables below.

The Interstate Road Transport Charge Act 1985 was amended by the Interstate Road Transport Charge Regulations 2001 (SR 2001 No. 212). The amendments are incorporated in this compilation.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Table of Amendments

Table A

Application, saving or transitional provisions

Interstate Road Transport Charge Amendment Act 2000 (No. 41, 2000)

Schedule 1

34  Application of amendments

The amendments made by this Act apply to:

 (a) if this Act commences on or before 1 July 2000—charges in respect of the registration of a motor vehicle or trailer that comes into force on or after 1 July 2000; or

 (b) if this Act commences after 1 July 2000—charges in respect of the registration of a motor vehicle or trailer that comes into force after this Act commences.

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