{"id":"C2004A04299","name":"National Road Transport Commission Act 1991","slug":"national-road-transport-commission-act-1991","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"8 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7640,"registerId":"commonwealth-C2004A04299-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the National Road Transport Commission Act 1991.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"##### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement.\n\n> Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister.\n\n> Chairperson means the Chairperson of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Road Transport Commission established by section 4.\n\n> Deputy Chairperson means the Deputy Chairperson of the Commission.\n\n> First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A.\n\n> First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A.\n\n> head of government, in relation to a party to an Agreement, means:\n\n    (a) in the case of the Commonwealth—the Prime Minister; or\n    (b) in the case of a State—the Premier of the State; or\n    (c) in the case of a Territory—the Chief Minister of the Territory.\n\n> Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by:\n\n    (a) the Original Light Vehicles Agreement; and\n    (b) the First Heavy Vehicles Amending Agreement.\n\n> Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.\n\n> member means a member of the Commission.\n\n> New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3).\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> Original Heavy Vehicles Agreement means the agreement:\n\n    (a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and\n    (b) acceded to by the Northern Territory on 15 May 1992;\n  being the agreement a copy of which is set out in Schedule 1.\n\n> Original Light Vehicles Agreement means the agreement:\n\n    (a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and\n    (b) acceded to by Western Australia on 27 July 1992; and\n    (c) acceded to by Tasmania on 28 August 1992;\n  being the agreement a copy of which is set out in Schedule 2.\n\n> staff member means:\n\n    (a) the Chief Executive Officer; or\n    (b) a member of the staff referred to in section 31; or\n    (c) a person employed under section 32; or\n    (d) any of the officers, employees and persons who, under section 33, are to assist the Commission.\n\n> TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory.\n\n> Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\n> Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and membership of the National Road Transport Commission","content":"## Part 2—Establishment and membership of the National Road Transport Commission","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of National Road Transport Commission","content":"##### 4 Establishment of National Road Transport Commission\n\n  (1) A National Road Transport Commission is established.\n  (2) The Commission:\n    (a) is a body corporate with perpetual succession; and\n    (b) is to have a common seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n  (3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and\n    (b) presume the imprint was duly made.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Membership of Commission","content":"##### 5 Membership of Commission\n\n  (1) The Commission consists of:\n    (a) the Chief Executive Officer; and\n    (b) 5 ordinary members.\n  (2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Appointment of ordinary members","content":"##### 6 Appointment of ordinary members\n\n  (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council.\n  (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if:\n    (a) there is in force a declaration under subsection (4); and\n    (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and\n    (c) the person will fill a vacancy in the membership of the Commission; and\n    (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection.\n  (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission.\n  (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36.\n  (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard.\n  (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Chairperson and Deputy Chairperson of Commission","content":"##### 7 Chairperson and Deputy Chairperson of Commission\n\n  (1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members.\n  (2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and powers of Commission","content":"## Part 3—Functions and powers of Commission","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Functions and powers of Commission","content":"##### 8 Functions and powers of Commission\n\n  (1) The Commission has the following functions and powers:\n    (a) the functions and powers that an Agreement provides for it to have;\n    (b) functions and powers conferred on it by or under this Act (other than this section);\n    (c) functions and powers conferred on it by or under other laws of the Commonwealth;\n    (d) functions and powers expressed to be conferred on it by or under a law of a State or Territory;\n    (e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister;\n    (f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by:\n    (i) a Minister of the Crown of a State; or\n    (ii) a Minister of a Territory.\n  (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n  (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f).\n  (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Reports and advice to be provided to the Australian Transport Council","content":"##### 9 Reports and advice to be provided to the Australian Transport Council\n\n  (1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs.\n  (2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council.\n  (3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Consultation","content":"##### 10 Consultation\n\n  In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with:\n    (a) governments and government bodies; and\n    (b) representatives of industries, including the road transport industry; and\n    (c) representatives of people who live in rural or remote areas of Australia; and\n    (d) other interested people, bodies and organisations.","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Commission’s objectives","content":"##### 10A Commission’s objectives\n\n  (1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following:\n    (a) the principles set out in Recital C of the Heavy Vehicles Agreement;\n    (b) the objectives set out in Recital D of the Heavy Vehicles Agreement;\n    (c) the objectives set out in Recital C of the Light Vehicles Agreement.\n  (2) Subsection (1) does not limit the matters to which the Commission may have regard.","sortOrder":13},{"sectionNumber":"10B","sectionType":"section","heading":"Noise or emission standards—consultation with the National Environment Protection Council","content":"##### 10B Noise or emission standards—consultation with the National Environment Protection Council\n\n  (1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard.\n  (2) The standard may only be developed in conjunction with the National Environment Protection Council.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Committees","content":"##### 11 Committees\n\n  (1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers.\n  (2) A committee may be constituted:\n    (a) wholly by members; or\n    (b) wholly by persons who are not members; or\n    (c) partly by members and partly by other persons.\n  (3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time.\n  (4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administrative provisions","content":"An Act to establish a National Road Transport Commission\n\n## Part 1—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the National Road Transport Commission Act 1991.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement.\n\n> Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister.\n\n> Chairperson means the Chairperson of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Road Transport Commission established by section 4.\n\n> Deputy Chairperson means the Deputy Chairperson of the Commission.\n\n> First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A.\n\n> First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A.\n\n> head of government, in relation to a party to an Agreement, means:\n\n    (a) in the case of the Commonwealth—the Prime Minister; or\n    (b) in the case of a State—the Premier of the State; or\n    (c) in the case of a Territory—the Chief Minister of the Territory.\n\n> Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by:\n\n    (a) the Original Light Vehicles Agreement; and\n    (b) the First Heavy Vehicles Amending Agreement.\n\n> Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.\n\n> member means a member of the Commission.\n\n> New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3).\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> Original Heavy Vehicles Agreement means the agreement:\n\n    (a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and\n    (b) acceded to by the Northern Territory on 15 May 1992;\n  being the agreement a copy of which is set out in Schedule 1.\n\n> Original Light Vehicles Agreement means the agreement:\n\n    (a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and\n    (b) acceded to by Western Australia on 27 July 1992; and\n    (c) acceded to by Tasmania on 28 August 1992;\n  being the agreement a copy of which is set out in Schedule 2.\n\n> staff member means:\n\n    (a) the Chief Executive Officer; or\n    (b) a member of the staff referred to in section 31; or\n    (c) a person employed under section 32; or\n    (d) any of the officers, employees and persons who, under section 33, are to assist the Commission.\n\n> TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory.\n\n> Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\n> Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements.\n\n  \n\n## Part 2—Establishment and membership of the National Road Transport Commission\n\n##### 4 Establishment of National Road Transport Commission\n\n  (1) A National Road Transport Commission is established.\n  (2) The Commission:\n    (a) is a body corporate with perpetual succession; and\n    (b) is to have a common seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n  (3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and\n    (b) presume the imprint was duly made.\n\n##### 5 Membership of Commission\n\n  (1) The Commission consists of:\n    (a) the Chief Executive Officer; and\n    (b) 5 ordinary members.\n  (2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership.\n\n##### 6 Appointment of ordinary members\n\n  (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council.\n  (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if:\n    (a) there is in force a declaration under subsection (4); and\n    (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and\n    (c) the person will fill a vacancy in the membership of the Commission; and\n    (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection.\n  (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission.\n  (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36.\n  (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard.\n  (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 7 Chairperson and Deputy Chairperson of Commission\n\n  (1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members.\n  (2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member.\n\n  \n\n## Part 3—Functions and powers of Commission\n\n##### 8 Functions and powers of Commission\n\n  (1) The Commission has the following functions and powers:\n    (a) the functions and powers that an Agreement provides for it to have;\n    (b) functions and powers conferred on it by or under this Act (other than this section);\n    (c) functions and powers conferred on it by or under other laws of the Commonwealth;\n    (d) functions and powers expressed to be conferred on it by or under a law of a State or Territory;\n    (e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister;\n    (f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by:\n    (i) a Minister of the Crown of a State; or\n    (ii) a Minister of a Territory.\n  (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n  (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f).\n  (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it.\n\n##### 9 Reports and advice to be provided to the Australian Transport Council\n\n  (1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs.\n  (2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council.\n  (3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 10 Consultation\n\n  In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with:\n    (a) governments and government bodies; and\n    (b) representatives of industries, including the road transport industry; and\n    (c) representatives of people who live in rural or remote areas of Australia; and\n    (d) other interested people, bodies and organisations.\n\n##### 10A Commission’s objectives\n\n  (1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following:\n    (a) the principles set out in Recital C of the Heavy Vehicles Agreement;\n    (b) the objectives set out in Recital D of the Heavy Vehicles Agreement;\n    (c) the objectives set out in Recital C of the Light Vehicles Agreement.\n  (2) Subsection (1) does not limit the matters to which the Commission may have regard.\n\n##### 10B Noise or emission standards—consultation with the National Environment Protection Council\n\n  (1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard.\n  (2) The standard may only be developed in conjunction with the National Environment Protection Council.\n\n##### 11 Committees\n\n  (1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers.\n  (2) A committee may be constituted:\n    (a) wholly by members; or\n    (b) wholly by persons who are not members; or\n    (c) partly by members and partly by other persons.\n  (3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time.\n  (4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission.\n\n  \n\n## Part 4—Administrative provisions\n\n### Division 1—Provisions relating to members\n\n##### 12 Ordinary members hold office on part‑time basis\n\n  The ordinary members hold office on a part‑time basis.\n\n##### 13 Term of appointment not to exceed 3 years\n\n  An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member.\n\n##### 14 Remuneration and allowances of ordinary members\n\n  (1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council.\n  (2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council.\n  (3) A determination by the Australian Transport Council under subsection (1) or (2):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 15 Ordinary members may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines.\n  (2) A determination under subsection (1):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 16 Leave of absence\n\n  The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission.\n\n##### 17 Resignation\n\n  An ordinary member may resign by writing signed by the member and delivered to the Governor‑General.\n\n##### 18 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n  (2) If an ordinary member (other than the New Zealand member):\n    (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (2A) If the New Zealand member:\n    (a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (4) The Governor‑General must terminate the appointment of the New Zealand member if:\n    (a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and\n    (b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a).\n  (6) Subsection (4) does not, by implication, limit subsection (1) or (2A).\n  (7) In this section:\n\n> TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to:\n\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 19 Terms and conditions not provided for by Act\n\n  An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 20 Acting appointments\n\n  (1) The Deputy Chairperson is to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n  (2) The Australian Transport Council may appoint a person to act in the office of an ordinary member:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office.\n  (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council.\n  (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n  (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that:\n    (a) the occasion for the person’s appointment to act had not arisen; or\n    (b) there is a technical defect or irregularity in connection with the person’s appointment; or\n    (c) the person’s appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n\n  \n\n### Division 2—Meetings\n\n##### 21 Convening of meetings\n\n  (1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chairperson:\n    (a) may, at any time, convene a meeting of the Commission; and\n    (b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members.\n  (3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 22 Procedure at meetings\n\n  (1) The Chairperson is to preside at all meetings at which he or she is present.\n  (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.\n  (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings.\n\n##### 22A Resolutions without meetings\n\n  (1) A resolution is taken to have been passed at a meeting of the Commission if, without meeting, a sufficient number of ordinary members indicate agreement with a resolution in accordance with a method determined by the Commission under subsection (2).\n\n> Note: Sufficient number of members is defined by subsection (3).\n\n  (2) Subsection (1) does not apply unless the Commission:\n    (a) determines that it applies; and\n    (b) determines the method by which ordinary members are to indicate agreement with the resolution.\n  (3) In this section:\n\n> sufficient number of members, in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting.\n\n##### 23 Quorum\n\n  (1) At a meeting, 3 ordinary members constitute a quorum.\n  (2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than:\n    (a) a matter relating to a TTMRA road vehicle standard; or\n    (b) a matter relating to a proposed TTMRA road vehicle standard.\n\n##### 23A Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee\n\n  (1) In this section:\n\n> New Zealand nominee means:\n\n    (a) if there is a New Zealand member—that member; or\n    (b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member.\n  (2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless:\n    (a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or\n    (b) both:\n    (i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and\n    (ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting.\n\n##### 24 Voting at meetings\n\n  (1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n  (2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 25 Disclosure of interests\n\n  (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.\n  (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not:\n    (a) be present during any deliberation of the Commission in relation to the matter; or\n    (b) take part in any decision of the Commission in relation to the matter.\n\n  \n\n## Part 5—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n##### 26 Chief Executive Officer\n\n  (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission.\n  (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.\n  (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission.\n\n##### 27 Remuneration and allowances\n\n  (1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission.\n  (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission.\n  (3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 28 Chief Executive Officer may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n  (2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 29 Leave of absence\n\n  (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.\n\n##### 30 Terms and conditions not provided for by Act\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time.\n\n  \n\n### Division 2—Staff and consultants\n\n##### 31 Public service staff of Commission\n\n  (1) Subject to this Division, the Commission’s staff are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n##### 32 Non‑public service staff\n\n  (1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers.\n  (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time.\n\n##### 33 Staff seconded to the Commission\n\n  (1) The Commission is to be assisted by:\n    (a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and\n    (b) persons whose services are so made available under arrangements made under subsection (2).\n  (2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers.\n\n##### 34 Consultants\n\n  (1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission.\n  (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time.\n\n  \n\n## Part 6—Finance\n\n##### 35 Payments to Commission by Commonwealth\n\n  (1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission.\n  (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.\n\n##### 36 Payments to Commission by States, Territories or New Zealand\n\n  The Commission may receive money paid to it by a State, a Territory or New Zealand.\n\n##### 37 Money of Commission\n\n  The money of the Commission consists of:\n    (a) money paid to the Commission under section 35; and\n    (b) money received by the Commission under section 36; and\n    (c) any other money paid to the Commission.\n\n##### 38 Application of money of Commission\n\n  The money of the Commission is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act; and\n    (c) in providing, or paying for, any other benefits that are to be provided under this Act.\n\n##### 39 Estimates\n\n  (1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council.\n  (2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs.\n  (3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council.\n  (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 40 Application of the Commonwealth Authorities and Companies Act 199\n\n  (1) The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.\n  (2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.\n  (3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement.\n  (4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.\n  (5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable.\n\n  \n\n## Part 6A—Strategic plans\n\n##### 41A Strategic plan for Commission\n\n  (1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council.\n  (2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10.\n  (3) If the draft plan is given to the Australian Transport Council, the Council must:\n    (a) approve the draft plan; or\n    (b) refuse to approve the draft plan.\n  (4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to:\n    (a) make such alterations to the draft plan as are specified in the direction; and\n    (b) give the altered draft plan to the Council within the period specified in the direction.\n  (5) The Commission must comply with a direction under subsection (4).\n  (6) If:\n    (a) the altered draft plan is given to the Australian Transport Council; and\n    (b) the alterations are in accordance with the direction;\n  the Council must approve the altered draft plan.\n  (7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan.\n  (8) A final strategic plan is to be published by the Commission in such manner as the Commission determines.\n  (9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n  \n\n## Part 6B—Exemptions from uniform road transport legislation for defence‑related purposes\n\n##### 41B National security and special circumstances exemptions—Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes.\n\n> Note 1: Defence‑related purpose is defined by subsection (6).\n\n> Note 2: Uniform road transport legislation is defined by section 41G.\n\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:\n    (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or\n    (b) both:\n    (i) a State or Territory has applied for protection against domestic violence; and\n    (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or\n    (c) both:\n    (i) there is an emergency or disaster (whether natural or otherwise); and\n    (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) If:\n    (a) the Australian Defence Force has completed an activity or a series of activities; and\n    (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and\n    (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia;\n  the Chief of the Australian Defence Force must notify the State or Territory accordingly.\n  (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following:\n    (a) the defence of Australia;\n    (b) the security of Australia;\n    (c) the operation of the Australian Defence Force in connection with the defence of Australia;\n    (d) the operation of the Australian Defence Force in connection with the security of Australia;\n    (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;\n    (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations;\n    (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.\n\n##### 41C National security and special circumstances exemptions—armed forces of foreign countries\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the armed forces of a specified foreign country; and\n    (b) the members of that armed force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration.\n  (4) A declaration under subsection (1) has effect accordingly.\n\n##### 41D Limited exemptions—day‑to‑day operations of the Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to:\n    (c) the defence of Australia; or\n    (d) the security of Australia.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration.\n  (6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 41E Delegation\n\n  (1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C.\n  (2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.\n\n##### 41F Application of the Defence Act 1903\n\n  (1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the Defence Act 1903.\n  (2) Subsection 123(1) of the Defence Act 1903 does not apply to:\n    (a) a permission (whether in the form of a licence or otherwise) under:\n    (i) the Road Transport Reform (Mass and Loading) Regulations; or\n    (ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or\n    (iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or\n    (b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission.\n\n##### 41G Uniform road transport legislation\n\n  For the purposes of this Part, each of the following laws is uniform road transport legislation:\n    (a) the Road Transport Reform (Dangerous Goods) Act 1995;\n    (b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997;\n    (c) the Road Transport Reform (Vehicles and Traffic) Act 1993;\n    (d) if an Act relating to road transport declares that this section applies to the Act—that Act;\n    (e) regulations under an Act referred to in paragraph (a), (b), (c) or (d);\n    (f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e).\n\n  \n\n## Part 7—Miscellaneous\n\n##### 42 Delegation by Commission\n\n  (1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is:\n    (a) a member; or\n    (b) a staff member; or\n    (c) an officer or employee of the Commonwealth; or\n    (d) an authority of the Commonwealth or an officer or employee of such an authority; or\n    (e) an officer or employee of a State or Territory; or\n    (f) an authority of a State or Territory or an officer or employee of such an authority.\n  (2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 43 Delegation by Australian Transport Council\n\n  (1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act.\n  (2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council.\n  (3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council.\n  (4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate.\n\n##### 44 Acts done by Australian Transport Council\n\n  (1) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and\n    (b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;\n  is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.\n  (2) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council; and\n    (b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);\n  is, upon mere production, receivable as prima facie evidence that the person is so authorised.\n  (3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n  (4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (6) In this section:\n\n> Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.\n\n##### 45 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n##### 47 Australian Transport Council to consider whether this Act should continue in force or be re‑enacted\n\n  (1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must:\n    (a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and\n    (b) give a copy of the report to the head of government of each of the parties to an Agreement.\n  (2) The report must contain either:\n    (a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or\n    (b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Provisions relating to members","content":"An Act to establish a National Road Transport Commission\n\n## Part 1—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the National Road Transport Commission Act 1991.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement.\n\n> Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister.\n\n> Chairperson means the Chairperson of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Road Transport Commission established by section 4.\n\n> Deputy Chairperson means the Deputy Chairperson of the Commission.\n\n> First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A.\n\n> First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A.\n\n> head of government, in relation to a party to an Agreement, means:\n\n    (a) in the case of the Commonwealth—the Prime Minister; or\n    (b) in the case of a State—the Premier of the State; or\n    (c) in the case of a Territory—the Chief Minister of the Territory.\n\n> Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by:\n\n    (a) the Original Light Vehicles Agreement; and\n    (b) the First Heavy Vehicles Amending Agreement.\n\n> Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.\n\n> member means a member of the Commission.\n\n> New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3).\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> Original Heavy Vehicles Agreement means the agreement:\n\n    (a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and\n    (b) acceded to by the Northern Territory on 15 May 1992;\n  being the agreement a copy of which is set out in Schedule 1.\n\n> Original Light Vehicles Agreement means the agreement:\n\n    (a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and\n    (b) acceded to by Western Australia on 27 July 1992; and\n    (c) acceded to by Tasmania on 28 August 1992;\n  being the agreement a copy of which is set out in Schedule 2.\n\n> staff member means:\n\n    (a) the Chief Executive Officer; or\n    (b) a member of the staff referred to in section 31; or\n    (c) a person employed under section 32; or\n    (d) any of the officers, employees and persons who, under section 33, are to assist the Commission.\n\n> TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory.\n\n> Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\n> Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements.\n\n  \n\n## Part 2—Establishment and membership of the National Road Transport Commission\n\n##### 4 Establishment of National Road Transport Commission\n\n  (1) A National Road Transport Commission is established.\n  (2) The Commission:\n    (a) is a body corporate with perpetual succession; and\n    (b) is to have a common seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n  (3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and\n    (b) presume the imprint was duly made.\n\n##### 5 Membership of Commission\n\n  (1) The Commission consists of:\n    (a) the Chief Executive Officer; and\n    (b) 5 ordinary members.\n  (2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership.\n\n##### 6 Appointment of ordinary members\n\n  (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council.\n  (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if:\n    (a) there is in force a declaration under subsection (4); and\n    (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and\n    (c) the person will fill a vacancy in the membership of the Commission; and\n    (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection.\n  (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission.\n  (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36.\n  (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard.\n  (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 7 Chairperson and Deputy Chairperson of Commission\n\n  (1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members.\n  (2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member.\n\n  \n\n## Part 3—Functions and powers of Commission\n\n##### 8 Functions and powers of Commission\n\n  (1) The Commission has the following functions and powers:\n    (a) the functions and powers that an Agreement provides for it to have;\n    (b) functions and powers conferred on it by or under this Act (other than this section);\n    (c) functions and powers conferred on it by or under other laws of the Commonwealth;\n    (d) functions and powers expressed to be conferred on it by or under a law of a State or Territory;\n    (e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister;\n    (f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by:\n    (i) a Minister of the Crown of a State; or\n    (ii) a Minister of a Territory.\n  (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n  (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f).\n  (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it.\n\n##### 9 Reports and advice to be provided to the Australian Transport Council\n\n  (1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs.\n  (2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council.\n  (3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 10 Consultation\n\n  In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with:\n    (a) governments and government bodies; and\n    (b) representatives of industries, including the road transport industry; and\n    (c) representatives of people who live in rural or remote areas of Australia; and\n    (d) other interested people, bodies and organisations.\n\n##### 10A Commission’s objectives\n\n  (1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following:\n    (a) the principles set out in Recital C of the Heavy Vehicles Agreement;\n    (b) the objectives set out in Recital D of the Heavy Vehicles Agreement;\n    (c) the objectives set out in Recital C of the Light Vehicles Agreement.\n  (2) Subsection (1) does not limit the matters to which the Commission may have regard.\n\n##### 10B Noise or emission standards—consultation with the National Environment Protection Council\n\n  (1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard.\n  (2) The standard may only be developed in conjunction with the National Environment Protection Council.\n\n##### 11 Committees\n\n  (1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers.\n  (2) A committee may be constituted:\n    (a) wholly by members; or\n    (b) wholly by persons who are not members; or\n    (c) partly by members and partly by other persons.\n  (3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time.\n  (4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission.\n\n  \n\n## Part 4—Administrative provisions\n\n### Division 1—Provisions relating to members\n\n##### 12 Ordinary members hold office on part‑time basis\n\n  The ordinary members hold office on a part‑time basis.\n\n##### 13 Term of appointment not to exceed 3 years\n\n  An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member.\n\n##### 14 Remuneration and allowances of ordinary members\n\n  (1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council.\n  (2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council.\n  (3) A determination by the Australian Transport Council under subsection (1) or (2):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 15 Ordinary members may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines.\n  (2) A determination under subsection (1):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 16 Leave of absence\n\n  The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission.\n\n##### 17 Resignation\n\n  An ordinary member may resign by writing signed by the member and delivered to the Governor‑General.\n\n##### 18 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n  (2) If an ordinary member (other than the New Zealand member):\n    (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (2A) If the New Zealand member:\n    (a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (4) The Governor‑General must terminate the appointment of the New Zealand member if:\n    (a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and\n    (b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a).\n  (6) Subsection (4) does not, by implication, limit subsection (1) or (2A).\n  (7) In this section:\n\n> TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to:\n\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 19 Terms and conditions not provided for by Act\n\n  An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 20 Acting appointments\n\n  (1) The Deputy Chairperson is to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n  (2) The Australian Transport Council may appoint a person to act in the office of an ordinary member:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office.\n  (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council.\n  (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n  (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that:\n    (a) the occasion for the person’s appointment to act had not arisen; or\n    (b) there is a technical defect or irregularity in connection with the person’s appointment; or\n    (c) the person’s appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n\n  \n\n### Division 2—Meetings\n\n##### 21 Convening of meetings\n\n  (1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chairperson:\n    (a) may, at any time, convene a meeting of the Commission; and\n    (b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members.\n  (3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 22 Procedure at meetings\n\n  (1) The Chairperson is to preside at all meetings at which he or she is present.\n  (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.\n  (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings.\n\n##### 22A Resolutions without meetings\n\n  (1) A resolution is taken to have been passed at a meeting of the Commission if, without meeting, a sufficient number of ordinary members indicate agreement with a resolution in accordance with a method determined by the Commission under subsection (2).\n\n> Note: Sufficient number of members is defined by subsection (3).\n\n  (2) Subsection (1) does not apply unless the Commission:\n    (a) determines that it applies; and\n    (b) determines the method by which ordinary members are to indicate agreement with the resolution.\n  (3) In this section:\n\n> sufficient number of members, in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting.\n\n##### 23 Quorum\n\n  (1) At a meeting, 3 ordinary members constitute a quorum.\n  (2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than:\n    (a) a matter relating to a TTMRA road vehicle standard; or\n    (b) a matter relating to a proposed TTMRA road vehicle standard.\n\n##### 23A Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee\n\n  (1) In this section:\n\n> New Zealand nominee means:\n\n    (a) if there is a New Zealand member—that member; or\n    (b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member.\n  (2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless:\n    (a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or\n    (b) both:\n    (i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and\n    (ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting.\n\n##### 24 Voting at meetings\n\n  (1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n  (2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 25 Disclosure of interests\n\n  (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.\n  (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not:\n    (a) be present during any deliberation of the Commission in relation to the matter; or\n    (b) take part in any decision of the Commission in relation to the matter.\n\n  \n\n## Part 5—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n##### 26 Chief Executive Officer\n\n  (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission.\n  (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.\n  (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission.\n\n##### 27 Remuneration and allowances\n\n  (1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission.\n  (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission.\n  (3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 28 Chief Executive Officer may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n  (2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 29 Leave of absence\n\n  (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.\n\n##### 30 Terms and conditions not provided for by Act\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time.\n\n  \n\n### Division 2—Staff and consultants\n\n##### 31 Public service staff of Commission\n\n  (1) Subject to this Division, the Commission’s staff are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n##### 32 Non‑public service staff\n\n  (1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers.\n  (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time.\n\n##### 33 Staff seconded to the Commission\n\n  (1) The Commission is to be assisted by:\n    (a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and\n    (b) persons whose services are so made available under arrangements made under subsection (2).\n  (2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers.\n\n##### 34 Consultants\n\n  (1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission.\n  (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time.\n\n  \n\n## Part 6—Finance\n\n##### 35 Payments to Commission by Commonwealth\n\n  (1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission.\n  (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.\n\n##### 36 Payments to Commission by States, Territories or New Zealand\n\n  The Commission may receive money paid to it by a State, a Territory or New Zealand.\n\n##### 37 Money of Commission\n\n  The money of the Commission consists of:\n    (a) money paid to the Commission under section 35; and\n    (b) money received by the Commission under section 36; and\n    (c) any other money paid to the Commission.\n\n##### 38 Application of money of Commission\n\n  The money of the Commission is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act; and\n    (c) in providing, or paying for, any other benefits that are to be provided under this Act.\n\n##### 39 Estimates\n\n  (1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council.\n  (2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs.\n  (3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council.\n  (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 40 Application of the Commonwealth Authorities and Companies Act 199\n\n  (1) The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.\n  (2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.\n  (3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement.\n  (4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.\n  (5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable.\n\n  \n\n## Part 6A—Strategic plans\n\n##### 41A Strategic plan for Commission\n\n  (1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council.\n  (2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10.\n  (3) If the draft plan is given to the Australian Transport Council, the Council must:\n    (a) approve the draft plan; or\n    (b) refuse to approve the draft plan.\n  (4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to:\n    (a) make such alterations to the draft plan as are specified in the direction; and\n    (b) give the altered draft plan to the Council within the period specified in the direction.\n  (5) The Commission must comply with a direction under subsection (4).\n  (6) If:\n    (a) the altered draft plan is given to the Australian Transport Council; and\n    (b) the alterations are in accordance with the direction;\n  the Council must approve the altered draft plan.\n  (7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan.\n  (8) A final strategic plan is to be published by the Commission in such manner as the Commission determines.\n  (9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n  \n\n## Part 6B—Exemptions from uniform road transport legislation for defence‑related purposes\n\n##### 41B National security and special circumstances exemptions—Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes.\n\n> Note 1: Defence‑related purpose is defined by subsection (6).\n\n> Note 2: Uniform road transport legislation is defined by section 41G.\n\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:\n    (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or\n    (b) both:\n    (i) a State or Territory has applied for protection against domestic violence; and\n    (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or\n    (c) both:\n    (i) there is an emergency or disaster (whether natural or otherwise); and\n    (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) If:\n    (a) the Australian Defence Force has completed an activity or a series of activities; and\n    (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and\n    (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia;\n  the Chief of the Australian Defence Force must notify the State or Territory accordingly.\n  (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following:\n    (a) the defence of Australia;\n    (b) the security of Australia;\n    (c) the operation of the Australian Defence Force in connection with the defence of Australia;\n    (d) the operation of the Australian Defence Force in connection with the security of Australia;\n    (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;\n    (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations;\n    (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.\n\n##### 41C National security and special circumstances exemptions—armed forces of foreign countries\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the armed forces of a specified foreign country; and\n    (b) the members of that armed force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration.\n  (4) A declaration under subsection (1) has effect accordingly.\n\n##### 41D Limited exemptions—day‑to‑day operations of the Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to:\n    (c) the defence of Australia; or\n    (d) the security of Australia.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration.\n  (6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 41E Delegation\n\n  (1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C.\n  (2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.\n\n##### 41F Application of the Defence Act 1903\n\n  (1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the Defence Act 1903.\n  (2) Subsection 123(1) of the Defence Act 1903 does not apply to:\n    (a) a permission (whether in the form of a licence or otherwise) under:\n    (i) the Road Transport Reform (Mass and Loading) Regulations; or\n    (ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or\n    (iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or\n    (b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission.\n\n##### 41G Uniform road transport legislation\n\n  For the purposes of this Part, each of the following laws is uniform road transport legislation:\n    (a) the Road Transport Reform (Dangerous Goods) Act 1995;\n    (b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997;\n    (c) the Road Transport Reform (Vehicles and Traffic) Act 1993;\n    (d) if an Act relating to road transport declares that this section applies to the Act—that Act;\n    (e) regulations under an Act referred to in paragraph (a), (b), (c) or (d);\n    (f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e).\n\n  \n\n## Part 7—Miscellaneous\n\n##### 42 Delegation by Commission\n\n  (1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is:\n    (a) a member; or\n    (b) a staff member; or\n    (c) an officer or employee of the Commonwealth; or\n    (d) an authority of the Commonwealth or an officer or employee of such an authority; or\n    (e) an officer or employee of a State or Territory; or\n    (f) an authority of a State or Territory or an officer or employee of such an authority.\n  (2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 43 Delegation by Australian Transport Council\n\n  (1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act.\n  (2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council.\n  (3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council.\n  (4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate.\n\n##### 44 Acts done by Australian Transport Council\n\n  (1) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and\n    (b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;\n  is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.\n  (2) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council; and\n    (b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);\n  is, upon mere production, receivable as prima facie evidence that the person is so authorised.\n  (3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n  (4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (6) In this section:\n\n> Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.\n\n##### 45 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n##### 47 Australian Transport Council to consider whether this Act should continue in force or be re‑enacted\n\n  (1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must:\n    (a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and\n    (b) give a copy of the report to the head of government of each of the parties to an Agreement.\n  (2) The report must contain either:\n    (a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or\n    (b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Ordinary members hold office on part‑time basis","content":"##### 12 Ordinary members hold office on part‑time basis\n\n  The ordinary members hold office on a part‑time basis.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Term of appointment not to exceed 3 years","content":"##### 13 Term of appointment not to exceed 3 years\n\n  An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Remuneration and allowances of ordinary members","content":"##### 14 Remuneration and allowances of ordinary members\n\n  (1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council.\n  (2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council.\n  (3) A determination by the Australian Transport Council under subsection (1) or (2):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Ordinary members may receive other benefits","content":"##### 15 Ordinary members may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines.\n  (2) A determination under subsection (1):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Leave of absence","content":"##### 16 Leave of absence\n\n  The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Resignation","content":"##### 17 Resignation\n\n  An ordinary member may resign by writing signed by the member and delivered to the Governor‑General.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Termination of appointment","content":"##### 18 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n  (2) If an ordinary member (other than the New Zealand member):\n    (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (2A) If the New Zealand member:\n    (a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (4) The Governor‑General must terminate the appointment of the New Zealand member if:\n    (a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and\n    (b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a).\n  (6) Subsection (4) does not, by implication, limit subsection (1) or (2A).\n  (7) In this section:\n\n> TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to:\n\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"##### 19 Terms and conditions not provided for by Act\n\n  An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Acting appointments","content":"##### 20 Acting appointments\n\n  (1) The Deputy Chairperson is to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n  (2) The Australian Transport Council may appoint a person to act in the office of an ordinary member:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office.\n  (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council.\n  (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n  (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that:\n    (a) the occasion for the person’s appointment to act had not arisen; or\n    (b) there is a technical defect or irregularity in connection with the person’s appointment; or\n    (c) the person’s appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.","sortOrder":26},{"sectionNumber":"Division 2","sectionType":"division","heading":"Meetings","content":"An Act to establish a National Road Transport Commission\n\n## Part 1—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the National Road Transport Commission Act 1991.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement.\n\n> Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister.\n\n> Chairperson means the Chairperson of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Road Transport Commission established by section 4.\n\n> Deputy Chairperson means the Deputy Chairperson of the Commission.\n\n> First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A.\n\n> First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A.\n\n> head of government, in relation to a party to an Agreement, means:\n\n    (a) in the case of the Commonwealth—the Prime Minister; or\n    (b) in the case of a State—the Premier of the State; or\n    (c) in the case of a Territory—the Chief Minister of the Territory.\n\n> Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by:\n\n    (a) the Original Light Vehicles Agreement; and\n    (b) the First Heavy Vehicles Amending Agreement.\n\n> Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.\n\n> member means a member of the Commission.\n\n> New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3).\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> Original Heavy Vehicles Agreement means the agreement:\n\n    (a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and\n    (b) acceded to by the Northern Territory on 15 May 1992;\n  being the agreement a copy of which is set out in Schedule 1.\n\n> Original Light Vehicles Agreement means the agreement:\n\n    (a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and\n    (b) acceded to by Western Australia on 27 July 1992; and\n    (c) acceded to by Tasmania on 28 August 1992;\n  being the agreement a copy of which is set out in Schedule 2.\n\n> staff member means:\n\n    (a) the Chief Executive Officer; or\n    (b) a member of the staff referred to in section 31; or\n    (c) a person employed under section 32; or\n    (d) any of the officers, employees and persons who, under section 33, are to assist the Commission.\n\n> TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory.\n\n> Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\n> Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements.\n\n  \n\n## Part 2—Establishment and membership of the National Road Transport Commission\n\n##### 4 Establishment of National Road Transport Commission\n\n  (1) A National Road Transport Commission is established.\n  (2) The Commission:\n    (a) is a body corporate with perpetual succession; and\n    (b) is to have a common seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n  (3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and\n    (b) presume the imprint was duly made.\n\n##### 5 Membership of Commission\n\n  (1) The Commission consists of:\n    (a) the Chief Executive Officer; and\n    (b) 5 ordinary members.\n  (2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership.\n\n##### 6 Appointment of ordinary members\n\n  (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council.\n  (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if:\n    (a) there is in force a declaration under subsection (4); and\n    (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and\n    (c) the person will fill a vacancy in the membership of the Commission; and\n    (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection.\n  (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission.\n  (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36.\n  (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard.\n  (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 7 Chairperson and Deputy Chairperson of Commission\n\n  (1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members.\n  (2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member.\n\n  \n\n## Part 3—Functions and powers of Commission\n\n##### 8 Functions and powers of Commission\n\n  (1) The Commission has the following functions and powers:\n    (a) the functions and powers that an Agreement provides for it to have;\n    (b) functions and powers conferred on it by or under this Act (other than this section);\n    (c) functions and powers conferred on it by or under other laws of the Commonwealth;\n    (d) functions and powers expressed to be conferred on it by or under a law of a State or Territory;\n    (e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister;\n    (f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by:\n    (i) a Minister of the Crown of a State; or\n    (ii) a Minister of a Territory.\n  (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n  (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f).\n  (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it.\n\n##### 9 Reports and advice to be provided to the Australian Transport Council\n\n  (1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs.\n  (2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council.\n  (3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 10 Consultation\n\n  In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with:\n    (a) governments and government bodies; and\n    (b) representatives of industries, including the road transport industry; and\n    (c) representatives of people who live in rural or remote areas of Australia; and\n    (d) other interested people, bodies and organisations.\n\n##### 10A Commission’s objectives\n\n  (1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following:\n    (a) the principles set out in Recital C of the Heavy Vehicles Agreement;\n    (b) the objectives set out in Recital D of the Heavy Vehicles Agreement;\n    (c) the objectives set out in Recital C of the Light Vehicles Agreement.\n  (2) Subsection (1) does not limit the matters to which the Commission may have regard.\n\n##### 10B Noise or emission standards—consultation with the National Environment Protection Council\n\n  (1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard.\n  (2) The standard may only be developed in conjunction with the National Environment Protection Council.\n\n##### 11 Committees\n\n  (1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers.\n  (2) A committee may be constituted:\n    (a) wholly by members; or\n    (b) wholly by persons who are not members; or\n    (c) partly by members and partly by other persons.\n  (3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time.\n  (4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission.\n\n  \n\n## Part 4—Administrative provisions\n\n### Division 1—Provisions relating to members\n\n##### 12 Ordinary members hold office on part‑time basis\n\n  The ordinary members hold office on a part‑time basis.\n\n##### 13 Term of appointment not to exceed 3 years\n\n  An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member.\n\n##### 14 Remuneration and allowances of ordinary members\n\n  (1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council.\n  (2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council.\n  (3) A determination by the Australian Transport Council under subsection (1) or (2):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 15 Ordinary members may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines.\n  (2) A determination under subsection (1):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 16 Leave of absence\n\n  The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission.\n\n##### 17 Resignation\n\n  An ordinary member may resign by writing signed by the member and delivered to the Governor‑General.\n\n##### 18 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n  (2) If an ordinary member (other than the New Zealand member):\n    (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (2A) If the New Zealand member:\n    (a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (4) The Governor‑General must terminate the appointment of the New Zealand member if:\n    (a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and\n    (b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a).\n  (6) Subsection (4) does not, by implication, limit subsection (1) or (2A).\n  (7) In this section:\n\n> TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to:\n\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 19 Terms and conditions not provided for by Act\n\n  An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 20 Acting appointments\n\n  (1) The Deputy Chairperson is to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n  (2) The Australian Transport Council may appoint a person to act in the office of an ordinary member:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office.\n  (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council.\n  (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n  (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that:\n    (a) the occasion for the person’s appointment to act had not arisen; or\n    (b) there is a technical defect or irregularity in connection with the person’s appointment; or\n    (c) the person’s appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n\n  \n\n### Division 2—Meetings\n\n##### 21 Convening of meetings\n\n  (1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chairperson:\n    (a) may, at any time, convene a meeting of the Commission; and\n    (b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members.\n  (3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 22 Procedure at meetings\n\n  (1) The Chairperson is to preside at all meetings at which he or she is present.\n  (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.\n  (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings.\n\n##### 22A Resolutions without meetings\n\n  (1) A resolution is taken to have been passed at a meeting of the Commission if, without meeting, a sufficient number of ordinary members indicate agreement with a resolution in accordance with a method determined by the Commission under subsection (2).\n\n> Note: Sufficient number of members is defined by subsection (3).\n\n  (2) Subsection (1) does not apply unless the Commission:\n    (a) determines that it applies; and\n    (b) determines the method by which ordinary members are to indicate agreement with the resolution.\n  (3) In this section:\n\n> sufficient number of members, in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting.\n\n##### 23 Quorum\n\n  (1) At a meeting, 3 ordinary members constitute a quorum.\n  (2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than:\n    (a) a matter relating to a TTMRA road vehicle standard; or\n    (b) a matter relating to a proposed TTMRA road vehicle standard.\n\n##### 23A Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee\n\n  (1) In this section:\n\n> New Zealand nominee means:\n\n    (a) if there is a New Zealand member—that member; or\n    (b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member.\n  (2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless:\n    (a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or\n    (b) both:\n    (i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and\n    (ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting.\n\n##### 24 Voting at meetings\n\n  (1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n  (2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 25 Disclosure of interests\n\n  (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.\n  (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not:\n    (a) be present during any deliberation of the Commission in relation to the matter; or\n    (b) take part in any decision of the Commission in relation to the matter.\n\n  \n\n## Part 5—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n##### 26 Chief Executive Officer\n\n  (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission.\n  (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.\n  (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission.\n\n##### 27 Remuneration and allowances\n\n  (1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission.\n  (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission.\n  (3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 28 Chief Executive Officer may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n  (2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 29 Leave of absence\n\n  (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.\n\n##### 30 Terms and conditions not provided for by Act\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time.\n\n  \n\n### Division 2—Staff and consultants\n\n##### 31 Public service staff of Commission\n\n  (1) Subject to this Division, the Commission’s staff are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n##### 32 Non‑public service staff\n\n  (1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers.\n  (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time.\n\n##### 33 Staff seconded to the Commission\n\n  (1) The Commission is to be assisted by:\n    (a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and\n    (b) persons whose services are so made available under arrangements made under subsection (2).\n  (2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers.\n\n##### 34 Consultants\n\n  (1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission.\n  (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time.\n\n  \n\n## Part 6—Finance\n\n##### 35 Payments to Commission by Commonwealth\n\n  (1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission.\n  (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.\n\n##### 36 Payments to Commission by States, Territories or New Zealand\n\n  The Commission may receive money paid to it by a State, a Territory or New Zealand.\n\n##### 37 Money of Commission\n\n  The money of the Commission consists of:\n    (a) money paid to the Commission under section 35; and\n    (b) money received by the Commission under section 36; and\n    (c) any other money paid to the Commission.\n\n##### 38 Application of money of Commission\n\n  The money of the Commission is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act; and\n    (c) in providing, or paying for, any other benefits that are to be provided under this Act.\n\n##### 39 Estimates\n\n  (1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council.\n  (2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs.\n  (3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council.\n  (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 40 Application of the Commonwealth Authorities and Companies Act 199\n\n  (1) The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.\n  (2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.\n  (3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement.\n  (4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.\n  (5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable.\n\n  \n\n## Part 6A—Strategic plans\n\n##### 41A Strategic plan for Commission\n\n  (1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council.\n  (2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10.\n  (3) If the draft plan is given to the Australian Transport Council, the Council must:\n    (a) approve the draft plan; or\n    (b) refuse to approve the draft plan.\n  (4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to:\n    (a) make such alterations to the draft plan as are specified in the direction; and\n    (b) give the altered draft plan to the Council within the period specified in the direction.\n  (5) The Commission must comply with a direction under subsection (4).\n  (6) If:\n    (a) the altered draft plan is given to the Australian Transport Council; and\n    (b) the alterations are in accordance with the direction;\n  the Council must approve the altered draft plan.\n  (7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan.\n  (8) A final strategic plan is to be published by the Commission in such manner as the Commission determines.\n  (9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n  \n\n## Part 6B—Exemptions from uniform road transport legislation for defence‑related purposes\n\n##### 41B National security and special circumstances exemptions—Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes.\n\n> Note 1: Defence‑related purpose is defined by subsection (6).\n\n> Note 2: Uniform road transport legislation is defined by section 41G.\n\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:\n    (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or\n    (b) both:\n    (i) a State or Territory has applied for protection against domestic violence; and\n    (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or\n    (c) both:\n    (i) there is an emergency or disaster (whether natural or otherwise); and\n    (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) If:\n    (a) the Australian Defence Force has completed an activity or a series of activities; and\n    (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and\n    (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia;\n  the Chief of the Australian Defence Force must notify the State or Territory accordingly.\n  (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following:\n    (a) the defence of Australia;\n    (b) the security of Australia;\n    (c) the operation of the Australian Defence Force in connection with the defence of Australia;\n    (d) the operation of the Australian Defence Force in connection with the security of Australia;\n    (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;\n    (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations;\n    (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.\n\n##### 41C National security and special circumstances exemptions—armed forces of foreign countries\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the armed forces of a specified foreign country; and\n    (b) the members of that armed force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration.\n  (4) A declaration under subsection (1) has effect accordingly.\n\n##### 41D Limited exemptions—day‑to‑day operations of the Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to:\n    (c) the defence of Australia; or\n    (d) the security of Australia.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration.\n  (6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 41E Delegation\n\n  (1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C.\n  (2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.\n\n##### 41F Application of the Defence Act 1903\n\n  (1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the Defence Act 1903.\n  (2) Subsection 123(1) of the Defence Act 1903 does not apply to:\n    (a) a permission (whether in the form of a licence or otherwise) under:\n    (i) the Road Transport Reform (Mass and Loading) Regulations; or\n    (ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or\n    (iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or\n    (b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission.\n\n##### 41G Uniform road transport legislation\n\n  For the purposes of this Part, each of the following laws is uniform road transport legislation:\n    (a) the Road Transport Reform (Dangerous Goods) Act 1995;\n    (b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997;\n    (c) the Road Transport Reform (Vehicles and Traffic) Act 1993;\n    (d) if an Act relating to road transport declares that this section applies to the Act—that Act;\n    (e) regulations under an Act referred to in paragraph (a), (b), (c) or (d);\n    (f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e).\n\n  \n\n## Part 7—Miscellaneous\n\n##### 42 Delegation by Commission\n\n  (1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is:\n    (a) a member; or\n    (b) a staff member; or\n    (c) an officer or employee of the Commonwealth; or\n    (d) an authority of the Commonwealth or an officer or employee of such an authority; or\n    (e) an officer or employee of a State or Territory; or\n    (f) an authority of a State or Territory or an officer or employee of such an authority.\n  (2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 43 Delegation by Australian Transport Council\n\n  (1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act.\n  (2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council.\n  (3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council.\n  (4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate.\n\n##### 44 Acts done by Australian Transport Council\n\n  (1) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and\n    (b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;\n  is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.\n  (2) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council; and\n    (b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);\n  is, upon mere production, receivable as prima facie evidence that the person is so authorised.\n  (3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n  (4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (6) In this section:\n\n> Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.\n\n##### 45 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n##### 47 Australian Transport Council to consider whether this Act should continue in force or be re‑enacted\n\n  (1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must:\n    (a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and\n    (b) give a copy of the report to the head of government of each of the parties to an Agreement.\n  (2) The report must contain either:\n    (a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or\n    (b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Convening of meetings","content":"##### 21 Convening of meetings\n\n  (1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chairperson:\n    (a) may, at any time, convene a meeting of the Commission; and\n    (b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members.\n  (3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Procedure at meetings","content":"##### 22 Procedure at meetings\n\n  (1) The Chairperson is to preside at all meetings at which he or she is present.\n  (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.\n  (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings.","sortOrder":29},{"sectionNumber":"22A","sectionType":"section","heading":"Resolutions without meetings","content":"##### 22A Resolutions without meetings\n\n  (1) A resolution is taken to have been passed at a meeting of the Commission if, without meeting, a sufficient number of ordinary members indicate agreement with a resolution in accordance with a method determined by the Commission under subsection (2).\n\n> Note: Sufficient number of members is defined by subsection (3).\n\n  (2) Subsection (1) does not apply unless the Commission:\n    (a) determines that it applies; and\n    (b) determines the method by which ordinary members are to indicate agreement with the resolution.\n  (3) In this section:\n\n> sufficient number of members, in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Quorum","content":"##### 23 Quorum\n\n  (1) At a meeting, 3 ordinary members constitute a quorum.\n  (2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than:\n    (a) a matter relating to a TTMRA road vehicle standard; or\n    (b) a matter relating to a proposed TTMRA road vehicle standard.","sortOrder":31},{"sectionNumber":"23A","sectionType":"section","heading":"Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee","content":"##### 23A Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee\n\n  (1) In this section:\n\n> New Zealand nominee means:\n\n    (a) if there is a New Zealand member—that member; or\n    (b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member.\n  (2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless:\n    (a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or\n    (b) both:\n    (i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and\n    (ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Voting at meetings","content":"##### 24 Voting at meetings\n\n  (1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n  (2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Disclosure of interests","content":"##### 25 Disclosure of interests\n\n  (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.\n  (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not:\n    (a) be present during any deliberation of the Commission in relation to the matter; or\n    (b) take part in any decision of the Commission in relation to the matter.","sortOrder":34},{"sectionNumber":"Part 5","sectionType":"part","heading":"Chief Executive Officer, staff and consultants","content":"An Act to establish a National Road Transport Commission\n\n## Part 1—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the National Road Transport Commission Act 1991.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement.\n\n> Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister.\n\n> Chairperson means the Chairperson of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Road Transport Commission established by section 4.\n\n> Deputy Chairperson means the Deputy Chairperson of the Commission.\n\n> First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A.\n\n> First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A.\n\n> head of government, in relation to a party to an Agreement, means:\n\n    (a) in the case of the Commonwealth—the Prime Minister; or\n    (b) in the case of a State—the Premier of the State; or\n    (c) in the case of a Territory—the Chief Minister of the Territory.\n\n> Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by:\n\n    (a) the Original Light Vehicles Agreement; and\n    (b) the First Heavy Vehicles Amending Agreement.\n\n> Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement.\n\n> member means a member of the Commission.\n\n> New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3).\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> Original Heavy Vehicles Agreement means the agreement:\n\n    (a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and\n    (b) acceded to by the Northern Territory on 15 May 1992;\n  being the agreement a copy of which is set out in Schedule 1.\n\n> Original Light Vehicles Agreement means the agreement:\n\n    (a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and\n    (b) acceded to by Western Australia on 27 July 1992; and\n    (c) acceded to by Tasmania on 28 August 1992;\n  being the agreement a copy of which is set out in Schedule 2.\n\n> staff member means:\n\n    (a) the Chief Executive Officer; or\n    (b) a member of the staff referred to in section 31; or\n    (c) a person employed under section 32; or\n    (d) any of the officers, employees and persons who, under section 33, are to assist the Commission.\n\n> TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory.\n\n> Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\n> Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements.\n\n  \n\n## Part 2—Establishment and membership of the National Road Transport Commission\n\n##### 4 Establishment of National Road Transport Commission\n\n  (1) A National Road Transport Commission is established.\n  (2) The Commission:\n    (a) is a body corporate with perpetual succession; and\n    (b) is to have a common seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n  (3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and\n    (b) presume the imprint was duly made.\n\n##### 5 Membership of Commission\n\n  (1) The Commission consists of:\n    (a) the Chief Executive Officer; and\n    (b) 5 ordinary members.\n  (2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership.\n\n##### 6 Appointment of ordinary members\n\n  (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council.\n  (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if:\n    (a) there is in force a declaration under subsection (4); and\n    (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and\n    (c) the person will fill a vacancy in the membership of the Commission; and\n    (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection.\n  (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission.\n  (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36.\n  (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard.\n  (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 7 Chairperson and Deputy Chairperson of Commission\n\n  (1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members.\n  (2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member.\n\n  \n\n## Part 3—Functions and powers of Commission\n\n##### 8 Functions and powers of Commission\n\n  (1) The Commission has the following functions and powers:\n    (a) the functions and powers that an Agreement provides for it to have;\n    (b) functions and powers conferred on it by or under this Act (other than this section);\n    (c) functions and powers conferred on it by or under other laws of the Commonwealth;\n    (d) functions and powers expressed to be conferred on it by or under a law of a State or Territory;\n    (e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister;\n    (f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by:\n    (i) a Minister of the Crown of a State; or\n    (ii) a Minister of a Territory.\n  (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n  (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n  (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f).\n  (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it.\n\n##### 9 Reports and advice to be provided to the Australian Transport Council\n\n  (1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs.\n  (2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council.\n  (3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 10 Consultation\n\n  In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with:\n    (a) governments and government bodies; and\n    (b) representatives of industries, including the road transport industry; and\n    (c) representatives of people who live in rural or remote areas of Australia; and\n    (d) other interested people, bodies and organisations.\n\n##### 10A Commission’s objectives\n\n  (1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following:\n    (a) the principles set out in Recital C of the Heavy Vehicles Agreement;\n    (b) the objectives set out in Recital D of the Heavy Vehicles Agreement;\n    (c) the objectives set out in Recital C of the Light Vehicles Agreement.\n  (2) Subsection (1) does not limit the matters to which the Commission may have regard.\n\n##### 10B Noise or emission standards—consultation with the National Environment Protection Council\n\n  (1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard.\n  (2) The standard may only be developed in conjunction with the National Environment Protection Council.\n\n##### 11 Committees\n\n  (1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers.\n  (2) A committee may be constituted:\n    (a) wholly by members; or\n    (b) wholly by persons who are not members; or\n    (c) partly by members and partly by other persons.\n  (3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time.\n  (4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission.\n\n  \n\n## Part 4—Administrative provisions\n\n### Division 1—Provisions relating to members\n\n##### 12 Ordinary members hold office on part‑time basis\n\n  The ordinary members hold office on a part‑time basis.\n\n##### 13 Term of appointment not to exceed 3 years\n\n  An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member.\n\n##### 14 Remuneration and allowances of ordinary members\n\n  (1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council.\n  (2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council.\n  (3) A determination by the Australian Transport Council under subsection (1) or (2):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 15 Ordinary members may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines.\n  (2) A determination under subsection (1):\n    (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and\n    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n  (3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 16 Leave of absence\n\n  The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission.\n\n##### 17 Resignation\n\n  An ordinary member may resign by writing signed by the member and delivered to the Governor‑General.\n\n##### 18 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n  (2) If an ordinary member (other than the New Zealand member):\n    (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (2A) If the New Zealand member:\n    (a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or\n    (b) contravenes section 25 without reasonable excuse;\n  the Governor‑General may terminate the appointment of the member.\n  (3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (4) The Governor‑General must terminate the appointment of the New Zealand member if:\n    (a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and\n    (b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment.\n  (5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a).\n  (6) Subsection (4) does not, by implication, limit subsection (1) or (2A).\n  (7) In this section:\n\n> TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to:\n\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 19 Terms and conditions not provided for by Act\n\n  An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 20 Acting appointments\n\n  (1) The Deputy Chairperson is to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n  (2) The Australian Transport Council may appoint a person to act in the office of an ordinary member:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office.\n  (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council.\n  (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n  (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that:\n    (a) the occasion for the person’s appointment to act had not arisen; or\n    (b) there is a technical defect or irregularity in connection with the person’s appointment; or\n    (c) the person’s appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n\n  \n\n### Division 2—Meetings\n\n##### 21 Convening of meetings\n\n  (1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chairperson:\n    (a) may, at any time, convene a meeting of the Commission; and\n    (b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members.\n  (3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 22 Procedure at meetings\n\n  (1) The Chairperson is to preside at all meetings at which he or she is present.\n  (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.\n  (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings.\n\n##### 22A Resolutions without meetings\n\n  (1) A resolution is taken to have been passed at a meeting of the Commission if, without meeting, a sufficient number of ordinary members indicate agreement with a resolution in accordance with a method determined by the Commission under subsection (2).\n\n> Note: Sufficient number of members is defined by subsection (3).\n\n  (2) Subsection (1) does not apply unless the Commission:\n    (a) determines that it applies; and\n    (b) determines the method by which ordinary members are to indicate agreement with the resolution.\n  (3) In this section:\n\n> sufficient number of members, in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting.\n\n##### 23 Quorum\n\n  (1) At a meeting, 3 ordinary members constitute a quorum.\n  (2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than:\n    (a) a matter relating to a TTMRA road vehicle standard; or\n    (b) a matter relating to a proposed TTMRA road vehicle standard.\n\n##### 23A Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee\n\n  (1) In this section:\n\n> New Zealand nominee means:\n\n    (a) if there is a New Zealand member—that member; or\n    (b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member.\n  (2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless:\n    (a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or\n    (b) both:\n    (i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and\n    (ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting.\n\n##### 24 Voting at meetings\n\n  (1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n  (2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to:\n    (a) a TTMRA road vehicle standard; or\n    (b) a proposed TTMRA road vehicle standard.\n\n##### 25 Disclosure of interests\n\n  (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.\n  (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not:\n    (a) be present during any deliberation of the Commission in relation to the matter; or\n    (b) take part in any decision of the Commission in relation to the matter.\n\n  \n\n## Part 5—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n##### 26 Chief Executive Officer\n\n  (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission.\n  (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.\n  (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission.\n\n##### 27 Remuneration and allowances\n\n  (1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission.\n  (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission.\n  (3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.\n\n##### 28 Chief Executive Officer may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n  (2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.\n\n##### 29 Leave of absence\n\n  (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.\n\n##### 30 Terms and conditions not provided for by Act\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time.\n\n  \n\n### Division 2—Staff and consultants\n\n##### 31 Public service staff of Commission\n\n  (1) Subject to this Division, the Commission’s staff are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n##### 32 Non‑public service staff\n\n  (1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers.\n  (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time.\n\n##### 33 Staff seconded to the Commission\n\n  (1) The Commission is to be assisted by:\n    (a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and\n    (b) persons whose services are so made available under arrangements made under subsection (2).\n  (2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers.\n\n##### 34 Consultants\n\n  (1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission.\n  (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time.\n\n  \n\n## Part 6—Finance\n\n##### 35 Payments to Commission by Commonwealth\n\n  (1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission.\n  (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.\n\n##### 36 Payments to Commission by States, Territories or New Zealand\n\n  The Commission may receive money paid to it by a State, a Territory or New Zealand.\n\n##### 37 Money of Commission\n\n  The money of the Commission consists of:\n    (a) money paid to the Commission under section 35; and\n    (b) money received by the Commission under section 36; and\n    (c) any other money paid to the Commission.\n\n##### 38 Application of money of Commission\n\n  The money of the Commission is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act; and\n    (c) in providing, or paying for, any other benefits that are to be provided under this Act.\n\n##### 39 Estimates\n\n  (1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council.\n  (2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs.\n  (3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council.\n  (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n##### 40 Application of the Commonwealth Authorities and Companies Act 199\n\n  (1) The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.\n  (2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.\n  (3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement.\n  (4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.\n  (5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable.\n\n  \n\n## Part 6A—Strategic plans\n\n##### 41A Strategic plan for Commission\n\n  (1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council.\n  (2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10.\n  (3) If the draft plan is given to the Australian Transport Council, the Council must:\n    (a) approve the draft plan; or\n    (b) refuse to approve the draft plan.\n  (4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to:\n    (a) make such alterations to the draft plan as are specified in the direction; and\n    (b) give the altered draft plan to the Council within the period specified in the direction.\n  (5) The Commission must comply with a direction under subsection (4).\n  (6) If:\n    (a) the altered draft plan is given to the Australian Transport Council; and\n    (b) the alterations are in accordance with the direction;\n  the Council must approve the altered draft plan.\n  (7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan.\n  (8) A final strategic plan is to be published by the Commission in such manner as the Commission determines.\n  (9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.\n\n  \n\n## Part 6B—Exemptions from uniform road transport legislation for defence‑related purposes\n\n##### 41B National security and special circumstances exemptions—Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes.\n\n> Note 1: Defence‑related purpose is defined by subsection (6).\n\n> Note 2: Uniform road transport legislation is defined by section 41G.\n\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:\n    (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or\n    (b) both:\n    (i) a State or Territory has applied for protection against domestic violence; and\n    (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or\n    (c) both:\n    (i) there is an emergency or disaster (whether natural or otherwise); and\n    (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) If:\n    (a) the Australian Defence Force has completed an activity or a series of activities; and\n    (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and\n    (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia;\n  the Chief of the Australian Defence Force must notify the State or Territory accordingly.\n  (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following:\n    (a) the defence of Australia;\n    (b) the security of Australia;\n    (c) the operation of the Australian Defence Force in connection with the defence of Australia;\n    (d) the operation of the Australian Defence Force in connection with the security of Australia;\n    (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;\n    (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations;\n    (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.\n\n##### 41C National security and special circumstances exemptions—armed forces of foreign countries\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the armed forces of a specified foreign country; and\n    (b) the members of that armed force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration.\n  (4) A declaration under subsection (1) has effect accordingly.\n\n##### 41D Limited exemptions—day‑to‑day operations of the Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to:\n    (c) the defence of Australia; or\n    (d) the security of Australia.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration.\n  (6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 41E Delegation\n\n  (1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C.\n  (2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.\n\n##### 41F Application of the Defence Act 1903\n\n  (1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the Defence Act 1903.\n  (2) Subsection 123(1) of the Defence Act 1903 does not apply to:\n    (a) a permission (whether in the form of a licence or otherwise) under:\n    (i) the Road Transport Reform (Mass and Loading) Regulations; or\n    (ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or\n    (iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or\n    (b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission.\n\n##### 41G Uniform road transport legislation\n\n  For the purposes of this Part, each of the following laws is uniform road transport legislation:\n    (a) the Road Transport Reform (Dangerous Goods) Act 1995;\n    (b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997;\n    (c) the Road Transport Reform (Vehicles and Traffic) Act 1993;\n    (d) if an Act relating to road transport declares that this section applies to the Act—that Act;\n    (e) regulations under an Act referred to in paragraph (a), (b), (c) or (d);\n    (f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e).\n\n  \n\n## Part 7—Miscellaneous\n\n##### 42 Delegation by Commission\n\n  (1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is:\n    (a) a member; or\n    (b) a staff member; or\n    (c) an officer or employee of the Commonwealth; or\n    (d) an authority of the Commonwealth or an officer or employee of such an authority; or\n    (e) an officer or employee of a State or Territory; or\n    (f) an authority of a State or Territory or an officer or employee of such an authority.\n  (2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement.\n\n##### 43 Delegation by Australian Transport Council\n\n  (1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act.\n  (2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council.\n  (3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council.\n  (4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate.\n\n##### 44 Acts done by Australian Transport Council\n\n  (1) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and\n    (b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;\n  is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.\n  (2) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council; and\n    (b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);\n  is, upon mere production, receivable as prima facie evidence that the person is so authorised.\n  (3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n  (4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (6) In this section:\n\n> Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.\n\n##### 45 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n##### 47 Australian Transport Council to consider whether this Act should continue in force or be re‑enacted\n\n  (1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must:\n    (a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and\n    (b) give a copy of the report to the head of government of each of the parties to an Agreement.\n  (2) The report must contain either:\n    (a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or\n    (b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Chief Executive Officer","content":"##### 26 Chief Executive Officer\n\n  (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission.\n  (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.\n  (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Remuneration and allowances","content":"##### 27 Remuneration and allowances\n\n  (1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission.\n  (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission.\n  (3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission.\n  (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act.","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Chief Executive Officer may receive other benefits","content":"##### 28 Chief Executive Officer may receive other benefits\n\n  (1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n  (2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement.\n  (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.\n  (4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Leave of absence","content":"##### 29 Leave of absence\n\n  (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"##### 30 Terms and conditions not provided for by Act\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time.","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Public service staff of Commission","content":"##### 31 Public service staff of Commission\n\n  (1) Subject to this Division, the Commission’s staff are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Non‑public service staff","content":"##### 32 Non‑public service staff\n\n  (1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers.\n  (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time.","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Staff seconded to the Commission","content":"##### 33 Staff seconded to the Commission\n\n  (1) The Commission is to be assisted by:\n    (a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and\n    (b) persons whose services are so made available under arrangements made under subsection (2).\n  (2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers.","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Consultants","content":"##### 34 Consultants\n\n  (1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission.\n  (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time.","sortOrder":46},{"sectionNumber":"Part 6","sectionType":"part","heading":"Finance","content":"## Part 6—Finance","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"Payments to Commission by Commonwealth","content":"##### 35 Payments to Commission by Commonwealth\n\n  (1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission.\n  (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Payments to Commission by States, Territories or New Zealand","content":"##### 36 Payments to Commission by States, Territories or New Zealand\n\n  The Commission may receive money paid to it by a State, a Territory or New Zealand.","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Money of Commission","content":"##### 37 Money of Commission\n\n  The money of the Commission consists of:\n    (a) money paid to the Commission under section 35; and\n    (b) money received by the Commission under section 36; and\n    (c) any other money paid to the Commission.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Application of money of Commission","content":"##### 38 Application of money of Commission\n\n  The money of the Commission is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act; and\n    (c) in providing, or paying for, any other benefits that are to be provided under this Act.","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Estimates","content":"##### 39 Estimates\n\n  (1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council.\n  (2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs.\n  (3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council.\n  (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Application of the Commonwealth Authorities and Companies Act 199","content":"##### 40 Application of the Commonwealth Authorities and Companies Act 199\n\n  (1) The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.\n  (2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.\n  (3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement.\n  (4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.\n  (5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable.","sortOrder":53},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Strategic plans","content":"## Part 6A—Strategic plans","sortOrder":54},{"sectionNumber":"41A","sectionType":"section","heading":"Strategic plan for Commission","content":"##### 41A Strategic plan for Commission\n\n  (1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council.\n  (2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10.\n  (3) If the draft plan is given to the Australian Transport Council, the Council must:\n    (a) approve the draft plan; or\n    (b) refuse to approve the draft plan.\n  (4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to:\n    (a) make such alterations to the draft plan as are specified in the direction; and\n    (b) give the altered draft plan to the Council within the period specified in the direction.\n  (5) The Commission must comply with a direction under subsection (4).\n  (6) If:\n    (a) the altered draft plan is given to the Australian Transport Council; and\n    (b) the alterations are in accordance with the direction;\n  the Council must approve the altered draft plan.\n  (7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan.\n  (8) A final strategic plan is to be published by the Commission in such manner as the Commission determines.\n  (9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.","sortOrder":55},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Exemptions from uniform road transport legislation for defence‑related purposes","content":"## Part 6B—Exemptions from uniform road transport legislation for defence‑related purposes","sortOrder":56},{"sectionNumber":"41B","sectionType":"section","heading":"National security and special circumstances exemptions—Australian Defence Force","content":"##### 41B National security and special circumstances exemptions—Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes.\n\n> Note 1: Defence‑related purpose is defined by subsection (6).\n\n> Note 2: Uniform road transport legislation is defined by section 41G.\n\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:\n    (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or\n    (b) both:\n    (i) a State or Territory has applied for protection against domestic violence; and\n    (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or\n    (c) both:\n    (i) there is an emergency or disaster (whether natural or otherwise); and\n    (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) If:\n    (a) the Australian Defence Force has completed an activity or a series of activities; and\n    (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and\n    (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia;\n  the Chief of the Australian Defence Force must notify the State or Territory accordingly.\n  (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following:\n    (a) the defence of Australia;\n    (b) the security of Australia;\n    (c) the operation of the Australian Defence Force in connection with the defence of Australia;\n    (d) the operation of the Australian Defence Force in connection with the security of Australia;\n    (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;\n    (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations;\n    (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.","sortOrder":57},{"sectionNumber":"41C","sectionType":"section","heading":"National security and special circumstances exemptions—armed forces of foreign countries","content":"##### 41C National security and special circumstances exemptions—armed forces of foreign countries\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the armed forces of a specified foreign country; and\n    (b) the members of that armed force;\n  are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration.\n  (4) A declaration under subsection (1) has effect accordingly.","sortOrder":58},{"sectionNumber":"41D","sectionType":"section","heading":"Limited exemptions—day‑to‑day operations of the Australian Defence Force","content":"##### 41D Limited exemptions—day‑to‑day operations of the Australian Defence Force\n\n  (1) The Minister may, by written instrument, declare that:\n    (a) the Australian Defence Force; and\n    (b) members of the Australian Defence Force;\n  are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to:\n    (c) the defence of Australia; or\n    (d) the security of Australia.\n  (2) An exemption under subsection (1) may be:\n    (a) unconditional; or\n    (b) subject to such conditions as are specified in the declaration.\n  (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made.\n  (4) A declaration under subsection (1) has effect accordingly.\n  (5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration.\n  (6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.","sortOrder":59},{"sectionNumber":"41E","sectionType":"section","heading":"Delegation","content":"##### 41E Delegation\n\n  (1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C.\n  (2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.","sortOrder":60},{"sectionNumber":"41F","sectionType":"section","heading":"Application of the Defence Act 1903","content":"##### 41F Application of the Defence Act 1903\n\n  (1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the Defence Act 1903.\n  (2) Subsection 123(1) of the Defence Act 1903 does not apply to:\n    (a) a permission (whether in the form of a licence or otherwise) under:\n    (i) the Road Transport Reform (Mass and Loading) Regulations; or\n    (ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or\n    (iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or\n    (b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission.","sortOrder":61},{"sectionNumber":"41G","sectionType":"section","heading":"Uniform road transport legislation","content":"##### 41G Uniform road transport legislation\n\n  For the purposes of this Part, each of the following laws is uniform road transport legislation:\n    (a) the Road Transport Reform (Dangerous Goods) Act 1995;\n    (b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997;\n    (c) the Road Transport Reform (Vehicles and Traffic) Act 1993;\n    (d) if an Act relating to road transport declares that this section applies to the Act—that Act;\n    (e) regulations under an Act referred to in paragraph (a), (b), (c) or (d);\n    (f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e).","sortOrder":62},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":63},{"sectionNumber":"42","sectionType":"section","heading":"Delegation by Commission","content":"##### 42 Delegation by Commission\n\n  (1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is:\n    (a) a member; or\n    (b) a staff member; or\n    (c) an officer or employee of the Commonwealth; or\n    (d) an authority of the Commonwealth or an officer or employee of such an authority; or\n    (e) an officer or employee of a State or Territory; or\n    (f) an authority of a State or Territory or an officer or employee of such an authority.\n  (2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement.","sortOrder":64},{"sectionNumber":"43","sectionType":"section","heading":"Delegation by Australian Transport Council","content":"##### 43 Delegation by Australian Transport Council\n\n  (1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act.\n  (2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council.\n  (3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council.\n  (4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate.","sortOrder":65},{"sectionNumber":"44","sectionType":"section","heading":"Acts done by Australian Transport Council","content":"##### 44 Acts done by Australian Transport Council\n\n  (1) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and\n    (b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;\n  is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.\n  (2) A certificate that:\n    (a) purports to be signed by a member of the Australian Transport Council; and\n    (b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);\n  is, upon mere production, receivable as prima facie evidence that the person is so authorised.\n  (3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n  (4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:\n    (a) this Act; or\n    (b) an instrument under this Act; or\n    (c) an Agreement.\n  (6) In this section:\n\n> Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.","sortOrder":66},{"sectionNumber":"45","sectionType":"section","heading":"Regulations","content":"##### 45 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":67},{"sectionNumber":"47","sectionType":"section","heading":"Australian Transport Council to consider whether this Act should continue in force or be re‑enacted","content":"##### 47 Australian Transport Council to consider whether this Act should continue in force or be re‑enacted\n\n  (1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must:\n    (a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and\n    (b) give a copy of the report to the head of government of each of the parties to an Agreement.\n  (2) The report must contain either:\n    (a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or\n    (b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.","sortOrder":68},{"sectionNumber":"Schedule 1","sectionType":"part","heading":"Heavy Vehicles Agreement","content":"# Schedule 1—Heavy Vehicles Agreement\n\nSection 3\n\nTHIS AGREEMENT is made the thirtieth day of July 1991\n\nBETWEEN:\n\nTHE COMMONWEALTH OF AUSTRALIA,\n\nTHE STATE OF NEW SOUTH WALES,\n\nTHE STATE OF VICTORIA,\n\nTHE STATE OF QUEENSLAND,\n\nTHE STATE OF WESTERN AUSTRALIA,\n\nTHE STATE OF SOUTH AUSTRALIA,\n\nTHE STATE OF TASMANIA, and\n\nTHE AUSTRALIAN CAPITAL TERRITORY.\n\nRECITALS:\n\nA. The Heads of Government of the Parties to this Agreement have endorsed a Report prepared by their officers which contains certain recommendations (“the Report”).\n\nB. The Parties agree that it is the policy and intent of this Agreement that it should operate to implement and further those recommendations.\n\nC. The principles endorsed by the Parties to this Agreement are that there should be improvements to both road safety and transport efficiency and reductions in the costs of administration of road transport.\n\nD. The Parties to this Agreement are agreed that the principles referred to in Recital C necessitate uniform or consistent road transport legislation throughout Australia, and they are further agreed that this will be achieved by establishing and implementing a co‑operative scheme, the objectives of which are to ensure in respect of road transport legislation that:\n\n(a) legislation is made, and continues to be, uniform or consistent throughout Australia at all times except as otherwise provided for in this Agreement;\n\n(b) legislation is administered so as to achieve, at least, a minimum standard of outcome;\n\n(c) the Commonwealth, the States, the Australian Capital Territory and the Northern Territory of Australia are able to co‑operate with each other in regard to the matters to be provided in the legislation, the way in which the legislation is administered, and the fostering of innovation;\n\n(d) the legislation is capable of effective administration throughout Australia with the minimum of procedural requirements and is so administered; and\n\n(e) changes in the legislation are proposed for consideration as appropriate from time to time and amendments made when the need for reform arises.\n\nE. The Parties to this Agreement have reached agreement on a scheme to achieve the objectives referred to in Recital D.\n\nF. The essential element of the scheme is an agreement between the Commonwealth, the States, the Northern Territory of Australia and the Australian Capital Territory to provide for the introduction and bringing into force of legislation, the establishment and operation of a Ministerial Council, National Commission and, pending the latter, an Interim Body and for other matters as appear hereafter.\n\nG. The matters mentioned in Recital F, involve the following sequence:\n\n(a) Firstly, the conclusion of an agreement between the Commonwealth and the Australian Capital Territory under which the former, with consent of the latter, will seek to enact or make the Commonwealth Act and the Commonwealth Road Transport Legislation for the Australian Capital Territory which law will be the model on which the pertinent law of the Parties to this Agreement, other than the Commonwealth, and the Australian Capital Territory, will be based.\n\n(b) Secondly, the establishment by the Parties to this Agreement of a Ministerial Council and an Interim Body with functions and powers set out herein.\n\n(c) Thirdly, the enactment by the Commonwealth Parliament of legislation which establishes a National Road Transport Commission and describes its powers and functions.\n\n(d) Fourthly, the making by the Appropriate Authority of Commonwealth Road Transport Legislation and its coming into force.\n\n(e) Fifthly, the passage by the Participating Parties, other than the Commonwealth, through their respective Parliaments, of legislation which will provide that, when the last mentioned legislation is made by the Appropriate Authority and comes into force, the then existing road transport legislation of those Participating Parties is repealed, amended or modified so as to avoid any conflict with that Commonwealth legislation and in its place there is on the same date for all Participating Parties (being the date on which the Commonwealth Road Transport Legislation comes into force) applied the legislation referred to in Recital G(d) and there is conferred on the National Commission in relation to each Participating Party the functions and powers conferred on it by the Commonwealth legislation referred to in Recital G(c).\n\n(f) Thereafter, the review of the Commonwealth Act and Commonwealth Road Transport Legislation and re‑enactment of that Act and Legislation in a modified form, as provided for in this Agreement.\n\nNOW IT IS AGREED by the parties as follows:\n\nPART I—INTERPRETATION\n\n1. In this Agreement, except where a contrary intention appears:\n\n(a) “Australian Capital Territory” means, save where a geographic meaning is intended, the body politic established by the Australian Capital Territory (Self‑Government) Act 1988;\n\n(b) “Commonwealth” means the Commonwealth of Australia as a Party to this Agreement;\n\n(c) “Northern Territory” means, save in sub‑clause 4(1), the Northern Territory of Australia while a Party to this Agreement; and\n\n(d) “State” means, save in sub‑clause 4(1) a State of the Commonwealth of Australia that is at the relevant time a Party to this Agreement.\n\n2. In this Agreement, unless the contrary intention appears or the context otherwise requires:\n\n“Access Charge” is a charge for access to the road system;\n\n“Application Order” means an order which, because of geographical or regional conditions, suspends or varies the operation of Commonwealth Road Transport Legislation as it would otherwise apply in a Zone in relation to:\n\n(a) standards and other regulatory measures whether or not those measures are introduced as innovations on a trial basis;\n\n(b) enforcement levels above a national minimum standard;\n\n(c) the level of penalties above a national minimum; or\n\n(d) Road Charges;\n\n“Appropriate Authority” means in the case of:\n\n(a) legislation proposed hereunder other than regulations, the Commonwealth Parliament;\n\n(b) regulations, the Federal Executive Council including the Governor‑General; or\n\n(c) orders or instruments under that legislation, the Commonwealth Minister appointed under sub‑clause 11(1) or his delegate;\n\n“Attributed Road Cost” means a Vehicle’s share of total road costs imputed pursuant to this Agreement;\n\n“AUSTROADS” means the national association of road and traffic authorities of the Commonwealth, States, the Northern Territory and the Australian Capital Territory and other bodies and persons which may be members from time to time;\n\n“Charging Principles” means:\n\n(a) those principles endorsed at the Special Premiers’ Conference of July 1991 namely, that collectively Road Charges and Road Use Charges will always be set:\n\n    (i) to fully recover distributed road costs while minimising over‑recovery from any vehicle class, thereby achieving full recovery of all road costs;\n    (ii) adopting a common methodology;\n    (iii) to determine and collect charges in a way that achieves a reasonable balance between administrative simplicity, efficiency and equity in the charging structure;\n    (iv) to improve pricing, leading to a better allocation of resources, with investment decisions on equipment and infrastructure being based on more relevant demand signals; and\n    (v) to minimise the incentive for operators to “shop around” for lower charges and undermine the integrity of the national charging system;\n\n(b) any other principles for Road Charges proposed by the National Commission and not disapproved by the Ministerial Council in relation to Vehicles operating within or across the boundary of a Zone;\n\n“Commonwealth Act” means the legislation of the Parliament of the Commonwealth that is provided for by clause 6 as amended from time to time consistent with this Agreement;\n\n“Commonwealth Minister” means the Commonwealth Minister appointed under clause 11;\n\n“Commonwealth Road Transport Legislation” means the legislation referred to in paragraph (a) of the definition of Road Transport Legislation;\n\n“Emergency Order” means an Order of the kind made under sub‑clause 8(5);\n\n“Financial Year” means a period of twelve months ending on a thirtieth day of June or, where the relevant provision of this Agreement is applicable during part only of any such period, means the portion of the period during which the provision applies;\n\n“Interim Body” means the interim national body to be established by the Parties to this Agreement pending the establishment of the National Commission by the Commonwealth Act;\n\n“Mass‑distance Charge” means, so far as constitutionally possible, a charge equal to the amount of the Attributed Road Cost less the amount of the Road Use Charge and any Access Charge as imputed pursuant to this Agreement;\n\n“Ministerial Council” means the Ministerial Council for Road Transport established by Part VI;\n\n“National Commission” means the National Road Transport Commission to be established by the Commonwealth Act;\n\n“Participating Party” means any Party, other than the Australian Capital Territory, which has both secured the passage or the making, of the legislation relevant in its case, provided for by Part IV and caused that legislation to come into force;\n\n“PAYGO” means a methodology for determining Road Charges and a Road Use Charge based on the average of the most recent of two years’ actual and the next year’s budgeted expenditure on road construction and maintenance (all indexed) but excluding expenditure on roads financed by means such as fuel franchise fees and road tolls where so nominated by the Participating Party imposing the fees or tolls or the Australian Capital Territory;\n\n“Road Charge” means:\n\n(a) until otherwise resolved by the Ministerial Council, an annual Access Charge;\n\n(b) a Mass‑distance Charge;\n\n(c) permit fees relating to the use of over‑dimension or overweight Vehicles or Vehicles in higher mass or distance categories; and\n\n(d) so far as constitutionally possible, a fee for payment of travel between zones that reflects full cost recovery and is administratively simple and enforceable,\n\nbut does not include a nominal or other administration charge associated with registration of a Vehicle, a Road Use Charge, stamp duties, compulsory third party insurance premiums, injury protection charges, fuel franchise fees, road tolls and, other than to the extent set out in (c) and (d), permit, licence or other fees;\n\n“Road Transport” means:\n\n(a) design, construction and use of Vehicles including operating requirements as to drivers’ records, driving hours, and other matters in relation to the drivers of Vehicles;\n\n(b) registration of Vehicles and matters relating thereto including the means by which any registration may be cancelled, suspended or its operation affected;\n\n(c) standards of driver licensing with respect to Vehicles and matters relating thereto including the means by which any licence may be cancelled, suspended or its operation affected;\n\n(d) any provision of a traffic code, directed solely to the use of Vehicles; and\n\n(e) nationally consistent Charging Principles and Road Charges,\n\nbut does not include economic regulation of the transport industry, e.g., Part VI of the Transport Act 1983, as amended, of Victoria;\n\n“Road Transport Legislation” means:\n\n(a) the Commonwealth legislation in relation to Road Transport applying in the Australian Capital Territory and the Jervis Bay Territory; or\n\n(b) the provisions of that Commonwealth legislation applied pursuant to clause 8 by a Participating Party other than the Commonwealth,\n\nin either case extending to Vehicles whilst within the Australian Capital Territory, the Jervis Bay Territory or the territory of such a Participating Party although they emanate from either a State or the Northern Territory that is not a Participating Party;\n\n“Road Use Charge” means a charge equal to the part of the diesel fuel tax levied by the Commonwealth for the use of a Vehicle on a road being the part fixed by the National Commission from time to time, in accordance with this Agreement;\n\n“State and Territory Acts” means legislation as amended from time to time consistent with this Agreement of the Parliament of each Participating Party, other than the Commonwealth, that is provided for by this Agreement;\n\n“Vehicle” means a road vehicle which has a manufacturer’s rated gross vehicle mass of more than 4.5 tonnes;\n\n“Voting Member” means:\n\n(a) in relation to a Road Charge:\n\n    (i) for a Zone defined in sub‑paragraph (a)(i)(A) of the definition of Zone, the members of the Ministerial Council representing the States there mentioned, the Australian Capital Territory and the Commonwealth; or\n    (ii) for a Zone defined in sub‑paragraph (a)(i)(B) of the definition of Zone, the members of the Ministerial Council representing the States there mentioned and the Northern Territory; or\n    (iii) for a Zone replacing another as defined in paragraph (a)(i)(A) or (a)(i)(B), the members of the Ministerial Council whose territory lies wholly or partly within the replacing Zone, but only including the Commonwealth if the territory of the Australian Capital Territory lies within the replacing Zone;\n\n(b) in relation to the replacement of a Zone referred to in paragraph (a)(ii) or (b)(ii) of the definition of Zone, which is proposed, all members of the Ministerial Council;\n\n(c) in relation to any matter not mentioned in paragraph (a) or (b), all members of the Ministerial Council;\n\n“Zone” means:\n\n(a) in relation to a Road Charge:\n\n    (i) until replaced by another Zone or other Zones pursuant to paragraph 20(2)(b),\n    (A) the area within the States of New South Wales, Victoria, Tasmania and the Australian Capital Territory and the Jervis Bay Territory; or\n    (B) the area within the States of Queensland, Western Australia and South Australia and the Northern Territory;\n    (ii) upon either area being replaced by another Zone or other Zones, pursuant to paragraph 20(2)(b), that other Zone or those other Zones in place of the relevant area;\n\n(b) in relation to any other purpose:\n\n    (i) until replaced by another Zone or other Zones pursuant to paragraph 20(2)(a), the area within Australia excluding the external territories; or\n    (ii) upon that area being replaced by other Zones pursuant to paragraph 20(2)(a), those other Zones.\n\n3. In this Agreement, unless a contrary intention appears:\n\n(a) a reference to a Recital is a reference to the relevant Recital of this Agreement;\n\n(b) a reference to a Part is a reference to the relevant Part of this Agreement;\n\n(c) a reference to a clause, sub‑clause or paragraph is a reference to the relevant clause, sub‑clause or paragraph of this Agreement;\n\n(d) words importing the singular shall include the plural and vice versa; and\n\n(e) words importing any gender shall include each of the other genders.\n\nPART II—OPERATION OF AGREEMENT\n\n4.(1) This Agreement shall come into force when it has been executed by the Commonwealth and a majority of all the States, of the Northern Territory and of the Australian Capital Territory.\n\n(2) This Agreement may, after its coming into force, be amended only by the unanimous decision of Participating Parties and the Australian Capital Territory.\n\nPART III—ESTABLISHMENT OF SCHEME\n\n5.(1) The Parties to this Agreement will take such action as is provided for by this Agreement, and as is otherwise requisite on their respective parts, to observe the principles set out in Recital C. and to achieve the objectives set out in Recital D. by initiating and operating the scheme of legislative and administrative acts and procedures provided for by this Agreement.\n\n(2) Without limiting the provisions of sub‑clause 5(1), pending the coming into force of the Commonwealth legislation the subject of clauses 6 and 7, the Parties to this Agreement are, from the date this Agreement comes into force, as the opportunity arises, to take such action as is available to them, including the submission to their respective Parliaments of legislation and the making of regulations, to expedite the achievement of the principles and objectives of this Agreement.\n\nPART IV—INITIAL LEGISLATION\n\n6.(1) The Commonwealth will, as soon as is practicable, submit to the Commonwealth Parliament legislation referred in sub‑clause 6(3), which has been proposed by the Interim Body, and take such steps as are appropriate to secure the passage and bringing into force of that legislation.\n\n(2) The Commonwealth shall only submit to the Commonwealth Parliament any legislation specified in sub‑clause 6(3), which has:\n\n(a) been proposed by the Interim Body;\n\n(b) been submitted to the Ministerial Council for its consideration for at least two months or such lesser period as may be unanimously agreed by the Ministerial Council; and\n\n(c) not been disapproved by the Ministerial Council within that period.\n\n(3) The legislation provided for by sub‑clause 6(1) shall:\n\n(a) confer on the Ministerial Council such powers as may be appropriately conferred to give effect to its functions under, and in accordance with, this Agreement;\n\n(b) establish the National Commission and make provision for, and in relation to, its members;\n\n(c) confer on the National Commission such functions and powers as will enable it, in conjunction with functions and powers which are conferred on it by the State and Territory Acts, to carry out its functions under, and in accordance with, this Agreement;\n\n(d) make provision for, and in relation to, the staff of the National Commission; and\n\n(e) include provisions relating to the financial management, proceedings, reports and records of the National Commission and for matters that are necessary or incidental to the performance of its functions.\n\n7. (1) After the passage of the Commonwealth Act, the Commonwealth shall submit to the Appropriate Authority as soon as is practicable, the Commonwealth Road Transport Legislation which has been proposed by the National Commission.\n\n(2) The Commonwealth shall only submit to the Appropriate Authority any Commonwealth Road Transport Legislation, which has:\n\n(a) been proposed by the National Commission;\n\n(b) been submitted to the Ministerial Council for its consideration for at least two months or such lesser period as may be agreed unanimously by the Ministerial Council; and\n\n(c) not been disapproved by the Ministerial Council within that period.\n\n(3) The Commonwealth Road Transport Legislation provided for by subclause 7(1) shall constitute the substantive law as to Road Transport:\n\n(a) in the Australian Capital Territory; and\n\n(b) in the Jervis Bay Territory.\n\n(4) The Commonwealth Act and the Commonwealth Road Transport Legislation submitted to the Appropriate Authority shall be limited in the term of its application to a period of six years.\n\n8. (1) Each Party, other than the Commonwealth and the Australian Capital Territory, will take such steps as are appropriate to secure the passage or making, as the case may be, of legislation which, as from the date on which the Commonwealth Road Transport Legislation comes into force and to the extent necessary for the purposes of this Agreement, provides, that:\n\n(a) the existing Road Transport legislation of the State or Northern Territory shall be automatically repealed, amended or modified in operation to the extent necessary to avoid any conflict with the Commonwealth Road Transport Legislation and the Commonwealth Act;\n\n(b) the provisions of the Commonwealth Road Transport Legislation, as amended from time to time, are automatically applied as the law of that State or the Northern Territory, as the case may be, in place of the legislation so repealed, amended or modified in operation;\n\n(c) the relevant Minister of each such Party may make Application Orders and Emergency Orders; and\n\n(d) there is conferred on the National Commission and the Ministerial Council in relation to the State or Territory the functions and powers respectively conferred on them by the Commonwealth Act.\n\n(2) The Commonwealth will take such steps as are appropriate to seek the passage of legislation authorising a Minister of the Australian Capital Territory, or in the case of Jervis Bay Territory, a Commonwealth Minister, to make Application Orders and Emergency Orders.\n\n(3) The relevant Minister of a Participating Party, the Australian Capital Territory or of the Commonwealth, in the case of the Jervis Bay Territory, shall only make an Application Order which:\n\n(a) has been recommended in relation to the territory of that Participating Party, the Australian Capital Territory or Jervis Bay Territory, as the case may be, by the National Commission; and\n\n(b) has not been disapproved by the Ministerial Council within two months.\n\n(4) A Participating Party, the Australian Capital Territory or the Commonwealth in the case of Jervis Bay Territory shall make:\n\n(a) any Emergency Order which the National Commission recommends for that Party, the Australian Capital Territory, or Jervis Bay Territory respectively; or\n\n(b) any Application Order which the National Commission recommends for that Party, the Australian Capital Territory, or Jervis Bay Territory respectively and of which the Ministerial Council does not so disapprove.\n\n(5) If the National Commission considers, on being notified by a Participating Party, the Australian Capital Territory or the Commonwealth for Jervis Bay Territory or on such other information as it considers relevant that there is a need for urgent emergency measures relating to public health and safety or the furtherance of some other public interest to be made then without reference to the Ministerial Council, on the Commission so making a recommendation, any Minister of a Participating Party or the Australian Capital Territory may make an Emergency Order to that effect. The making of the Emergency Order shall have the effect of suspending or varying the operation of the Commonwealth Road Transport Legislation in relation to whichever of that Party, the Australian Capital Territory or the Commonwealth, in the case of Jervis Bay Territory, makes that Order.\n\n(6) An Emergency Order is to continue for a period of six months unless two months before the end of the six months period:\n\n(a) the National Commission recommends; and\n\n(b) before the end of the period the Ministerial Council does not disapprove,\n\nthe matter dealt with by that Order being dealt with in the same manner in the Road Transport Legislation or in relation to a part of Australia in an Application Order, in which case the Emergency Order shall continue in force until the date on which that Legislation or Application Order comes into force.\n\n(7) An Emergency Order may be terminated by the Ministerial Council at any time within the period referred to in sub‑clause (6).\n\n(8) Each State or the Northern Territory which has passed and caused to come into force the legislation referred to in sub‑clause 8(1), and thereby becomes a Participating Party, hereby agrees to adopt the level of penalties and such other sanctions as are embodied in the Commonwealth Road Transport Legislation.\n\nPART V—ROAD USE CHARGE\n\n9. The Commonwealth shall take all reasonable steps to ensure that there is levied and collected a tax on diesel fuel, being a tax at no less a rate than that of the Road Use Charge recommended by the National Commission and not disapproved by a simple majority of all the members of the Ministerial Council within two months after that recommendation.\n\nPART VI—ESTABLISHMENT OF MINISTERIAL COUNCIL\n\n10. For the purposes of the scheme there shall be a Council of Commonwealth, State, Northern Territory and the Australian Capital Territory Ministers to be known as the Ministerial Council for Road Transport.\n\n11. (1) The Ministerial Council shall consist of a member, representing:\n\n(a) in the period from the execution of this Agreement until the date of the coming into force of the Commonwealth Road Transport Legislation, each Party to this Agreement; and\n\n(b) after that date, each Participating Party and the Australian Capital Territory,\n\nwho shall be a Minister appointed by the Prime Minister, Premier, or Chief Minister, of that Participating Party or the Australian Capital Territory, as the case may be.\n\n(2) A member of the Ministerial Council may appoint a delegate to attend a meeting of the Ministerial Council in place of that member.\n\n(3) References in this Agreement (other than in clause 11(1) ) to a member of the Ministerial Council shall include a delegate in respect of attendance at any such meeting.\n\nPART VII—FUNCTIONS OF MINISTERIAL COUNCIL\n\n12. The functions of the Ministerial Council shall, having regard to the principles and objectives stated in Recitals C. and D., be to:\n\n(a) consider policy questions relating to the Road Transport Legislation and any recommendations of the National Commission not otherwise mentioned in this clause as to be considered;\n\n(b) refer any question to the National Commission for consideration and report;\n\n(c) consider and approve or disapprove annual or supplemental budgets and programs of the National Commission or the Interim Body in relation to their operations submitted by that Commission or Body;\n\n(d) agree, pursuant to clause 31, the proportion of the budget of the National Commission to be borne by each Participating Party and the Australian Capital Territory;\n\n(e) consider whether to disapprove the text of:\n\n    (i) the proposed Commonwealth Act submitted to it by the Interim Body; and\n    (ii) Road Transport Legislation submitted to it by the National Commission;\n\n(f) consider whether to disapprove the level of Road Charges and the rate of Road Use Charges, recommended by the National Commission for Vehicles operating within or across the boundary of a Zone;\n\n(g) consider whether to disapprove changes to the Charging Principles recommended by the National Commission;\n\n(h) consider whether to disapprove the replacement of a Zone, for purposes other than a Road Charge, with other Zones recommended by the National Commission;\n\n(i) consider whether to approve the replacement of a Zone relating to a Road Charge with another Zone or Zones recommended by the National Commission;\n\n(j) nominate the appointment, or recommend the removal, of members of the National Commission;\n\n(k) approve the form of the financial statements, as specified in clause 33, and the annual report of the National Commission;\n\n(l) approve the uniform reporting and audit regime developed pursuant to sub‑clause 30(4);\n\n(m) oversee the administration by Participating Parties and the Australian Capital Territory of Road Transport Legislation;\n\n(n) approve the guidelines for the preparation of regulatory impact statements produced by the National Commission pursuant to paragraph 20(1)(e);\n\n(o) disapprove Application Orders; and\n\n(p) terminate Emergency Orders.\n\nPART VIII—PROCEEDINGS OF MINISTERIAL COUNCIL\n\n13. (1) Ordinary meetings of the Ministerial Council shall be held at such times and places as are from time to time decided by the Ministerial Council but, in any event, not less than once in each calendar year.\n\n(2) A special meeting of the Ministerial Council may be convened by any member by giving 28 days (or such other shorter period as may be accepted by all members for the purpose of the meeting) notice in writing to all other members.\n\n(3) A special meeting shall not, except with the agreement of all members of the Ministerial Council, consider a matter which has not been specified in, or at the time of, the notice of the special meeting.\n\n14. The quorum for consideration of a resolution at a meeting of the Ministerial Council shall be that number of Voting Members equal to the integer immediately above 50 percent of the total number of Voting Members.\n\n15. (1) The Chairperson of a meeting of the Ministerial Council shall be decided by the Ministerial Council prior to or, if not previously decided, at the meeting.\n\n(2) At a meeting of the Ministerial Council the Chairperson shall:\n\n(a) in the case where the Chairperson is a Voting Member, have a deliberative, but not a casting, vote; and\n\n(b) in all other cases, have no vote.\n\n16. The Ministerial Council will carry a resolution by a simple majority of Voting Members in favour of the resolution except in relation to:\n\n(a) a matter referred to in paragraphs 6(2)(b), 7(2)(b) and clause 31 where the vote of all Voting Members in favour of the resolution shall cause the resolution to be carried;\n\n(b) a matter referred to in paragraph 12(f) where a vote in favour of the resolution to disapprove the level of Road Charges, of 50% or more of all the Voting Members shall cause the resolution to be carried;\n\n(c) a matter referred to in paragraph 12(g) where the vote of more than one third of the Voting Members in favour of the resolution to disapprove the changes recommended to Charging Principles by the National Commission shall cause the resolution to be carried;\n\n(d) a matter referred to in paragraph 12(i) where a vote, in favour of a resolution to approve replacing a Zone relating to a Road Charge with another Zone or Zones, of three‑quarters or more of all the Voting Members shall cause the resolution to be carried; and\n\n(e) a matter referred to in paragraph 12(j), where the vote of two‑thirds or more of the Voting Members in favour of the resolution to nominate the appointment, or recommend the removal, of members to the National Commission shall cause the resolution to be carried.\n\n17. A resolution which, without being considered at a meeting of the Ministerial Council, is referred to all Voting Members of the Ministerial Council who indicate in writing whether transmitted by electronic or other means, to the National Commission, that they are in favour, shall be as valid and effective as if the resolution had been passed at a duly convened meeting of the Ministerial Council.\n\n18. (1) Subject to the provisions of sub‑clauses 18(2), and 18(3), the Australian Local Government Association shall be entitled to nominate in writing to the Chairperson of the National Commission a person who shall be entitled to receive notices of meetings of the Ministerial Council and to attend meetings of the Ministerial Council as an observer but not as a member.\n\n(2) Upon receipt of the nomination referred to in sub‑clause 18(1), the Chairperson of the National Commission shall advise in writing each member for the time being of the Ministerial Council of the person nominated.\n\n(3) No meeting of the Ministerial Council shall be deemed to be improperly held by reason of:\n\n(a) there being no person nominated pursuant to sub‑clause 18(1); or\n\n(b) the person nominated pursuant to sub‑clause 18(1) not having been sent, or not having received, a notice of a meeting of the Ministerial Council or not being in attendance at any meeting of the Ministerial Council.\n\n19. Subject to the previous provisions of this Part, the Ministerial Council may determine its own procedure and for that purpose may make rules of procedure, including rules relating to notices of meetings and conduct of business at meetings, and may from time to time alter such rules.\n\nPART IX—NATIONAL ROAD TRANSPORT COMMISSION\n\n20. (1) Subject to this Agreement and to the responsibility of the States and the Territories for day‑to‑day administration, having regard to the principles and objectives stated in Recitals C. and D., the functions of the National Commission shall be to have and to exercise responsibility both for the policy development in relation to Road Transport and for overseeing the administration by Participating Parties and the Australian Capital Territory of Road Transport Legislation and for the provision of information with respect to such Legislation and the preparation and issuing of guidelines and principles of administration to the Participating Parties and the Australian Capital Territory, and the recommending to the Ministerial Council of:\n\n(a) the proposed Road Transport Legislation;\n\n(b) proposed Road Charges, and a Road Use Charge relating to Vehicles operating within or across the boundary of a Zone;\n\n(c) Charging Principles;\n\n(d) uniform reporting and audit regime pursuant to sub‑clause 30(4);\n\n(e) guidelines for the preparation of regulatory impact statements concerning proposed Road Transport Legislation;\n\n(f) one of the options set out in sub‑clause 38(1); and\n\n(g) Application Orders,\n\nand recommending Emergency Orders to the Participating Parties and the Australian Capital Territory.\n\n(2) The National Commission may recommend:\n\n(a) the replacement of a Zone for any purpose, other than the imposing of a Road Charge, with another Zone or other Zones; and\n\n(b) the replacement of a Zone for the imposition of a Road Charge with another Zone or other Zones,\n\nwhich:\n\n(c) in the case of any replacement Zone referred to in paragraph (a), if not disapproved by the Ministerial Council within a period of at least two months or any lesser period agreed by the Ministerial Council, shall constitute a Zone for all members of the Ministerial Council whose territory in whole or part lies within that Zone until any further recommendation, not so disapproved is made; or\n\n(d) in the case of any replacement Zone referred to in paragraph (b) if approved by the Ministerial Council within a period of at least two months or any lesser period agreed by the Ministerial Council, shall constitute a Zone for all members of the Ministerial Council whose territory in whole or in part lies within that Zone until any further recommendation, so approved is made.\n\n(3) The National Commission in recommending Road Charges, and a Road Use Charge to the Ministerial Council shall ensure that by no later than 1 July 1995 the charges it recommends comply with the Charging Principles, and recover fully the road costs of all Vehicles based on average annual distances travelled except for road trains, which are to receive concessions of up to 50% of full cost recovery Mass‑distance Charges. Road train charges should achieve full cost recovery by 1 July 2000 at the latest. In arriving at its recommended charges the Commission is to:\n\n(a) use PAYGO for determining what expenditure is to be recovered until an improved method of cost recovery becomes available;\n\n(b) use a common methodology, initially based on the model employed by the Inter‑State Commission in its 1990 Report but enhanced with further research currently being undertaken by the Australian Road Research Board;\n\n(c) initially adopt the expenditure allocation template to be endorsed by AUSTROADS in the PAYGO process; and\n\n(d) make use of the Australian Bureau of Statistics Survey on Motor Vehicle Use road task data (with appropriate upgrading) as the source of this data.\n\n(4) The National Commission in determining expenditure on roads for the purposes of PAYGO is to:\n\n(a) use the average of the most recent two years’ actual and the next year’s budgeted expenditure on road construction and maintenance (all indexed), by Commonwealth, State, Territory and local government road authorities; and\n\n(b) exclude road expenditure financed by means such as fuel franchise fees and road tolls where so nominated by a State or Territory.\n\n(5) In recommending charges to apply no later than 1 July 1995 the National Commission is to consider whether more refined distance‑based charging methods are warranted. The manner in which this might be done, the classes of Vehicles to be covered and when more refined distance‑based charges should apply are matters on which the Commission shall report to the Ministerial Council.\n\n(6) To assist the National Commission in discharging the responsibility set out in sub‑clause 20(1), the National Commission shall consult with interested persons and may, from time to time, appoint committees. The number of members of, manner of appointment to and removal from, and terms and conditions of appointment to such committees, are to be determined by the National Commission.\n\n(7) Proposed Commonwealth Road Transport Legislation submitted to the Ministerial Council shall be accompanied by a regulatory impact statement.\n\n(8) The National Commission shall prepare regulatory impact statements.\n\n(9) The National Commission shall report within three months after the expiry of each financial year to the Commonwealth Parliament on the administration and enforcement by Participating Parties and the Australian Capital Territory of the Commonwealth Road Transport Legislation.\n\n21. (1) The National Commission shall:\n\n(a) be a body corporate with the corporate name of the National Road Transport Commission;\n\n(b) consist of three part‑time members who shall be known as members; and\n\n(c) be under the administrative control of the Commonwealth Minister who from time to time has responsibility for the Road Transport Legislation.\n\n(2) The members shall be appointed by the Governor‑General on the nomination of the Ministerial Council.\n\n(3) A Chairperson and a Deputy Chairperson of the National Commission shall, on the nomination of the Ministerial Council, be appointed by the Governor‑General from the members for the time being of the National Commission.\n\n(4) In the event of a vacancy in the office of Chairperson or the absence of the Chairperson from duty or from Australia, the Deputy Chairperson shall act as Chairperson.\n\n(5) A member shall, subject to the provisions of the Commonwealth Act, hold office for such period not exceeding three years as is specified upon appointment and shall be eligible for re‑appointment once only.\n\n22. (1) The business of the National Commission shall be conducted at meetings of members and in such other manner as is provided by the Commonwealth Act.\n\n(2) The quorum for a meeting of the National Commission shall be two members, of whom one shall be the Chairperson or, in the absence of the Chairperson from duty or from Australia, the Deputy Chairperson.\n\n(3) The Chairperson of the National Commission or, in the absence of the Chairperson, the Deputy Chairperson, will preside at meetings.\n\n(4) The member presiding at a meeting shall have a deliberative, but not a casting, vote.\n\n23. (1) The National Commission shall have power to delegate any of its administrative functions to an administration, or to an officer of an administration, of the Commonwealth, a State or a Territory.\n\n(2) In performing its functions and exercising its powers, including the power of delegation, the National Commission shall have regard to the principle of the maximum development of a decentralized capacity to carry out the uniform policy and administration of the scheme.\n\n24. The staff of the Commission shall consist of such persons as are employed by it in accordance with the Commonwealth Act and may include persons who, by arrangement between the Commonwealth and a State or Territory, are provided for the performance of services for the National Commission.\n\n25. The Participating Parties, the Australian Capital Territory and the Australian Local Government Association shall in writing:\n\n(a) record; and\n\n(b) report,\n\nto the National Commission road expenditure under a method to be developed by AUSTROADS.\n\nPART X—STATE AND TERRITORY ADMINISTRATIONS\n\n26. The administration of Commonwealth Road Transport Legislation within the Australian Capital Territory and Jervis Bay Territory and within each State and the Northern Territory which applies the Commonwealth Road Transport Legislation in accordance with the scheme established under this Agreement shall, to the maximum extent practicable, be carried out by the entities and personnel of the administration of the relevant Participating Party or the Australian Capital Territory, and the Commonwealth, as the case may be, but the National Commission shall oversee in accordance with clause 20, those entities in the performance of those functions.\n\n27. (1) The exercise by the National Commission of responsibility for the administration of Road Transport Legislation shall not extend to matters relating to:\n\n(a) the Australian Public Service;\n\n(b) the Public Service of a State or Territory;\n\n(c) the management and provision of facilities or services or both of a State or Territory administration; or\n\n(d) any functions of a State or Territory administration that are not included within the scope of operation of the scheme established under this Agreement.\n\n28. Members of the Ministerial Council or their delegates shall be entitled to be notified of, and to be given information concerning, any matter being dealt with by the National Commission and shall have the right to refer any matter arising out of or in connection with their responsibilities directly to the National Commission for consideration.\n\n29. Each Participating Party and the Australian Capital Territory will provide the funds and other resources necessary for its administration to carry out the functions of that administration in accordance with the scheme established under this Agreement.\n\nPART XI—INTERIM ARRANGEMENTS\n\n30. (1) As soon as practicable after this Agreement comes into force, the Parties to this Agreement will establish an Interim Body which, pending the establishment of the National Commission, shall provide services in relation to:\n\n(a) the carrying out of any function for the purposes of clause 5; and\n\n(b) advice to the Ministerial Council on the proposed legislation referred to in clause 6.\n\n(2) Subject to sub‑clause 20(3), until 30 June 1995 Road Charges imposed by a Participating Party, and the Australian Capital Territory and the Road Use Charge imposed by the Commonwealth are to be recommended by the National Commission in accordance with the Charging Principles and:\n\n(a) the first set of those charges to apply from a date no later than 1 January 1993 is to be determined and recommended by March 1992; and\n\n(b) the phasing‑in of full‑cost recovery of those Road Charges based on the average distance travelled by Vehicles is to be determined by the National Commission and take account of:\n\n    – the impact of varied Mass‑distance Charges on the road transport industry and industry generally,\n    – the effects of varied Mass‑distance Charges on particular regions, such as some in remote Australia, and\n    – the different levels of charges that currently exist in each jurisdiction.\n\n(3) For the purposes of sub‑clauses 30(1) and 30(2), the Parties:\n\n(a) may jointly retain the services of persons whom they consider should be retained;\n\n(b) may make available the services of appropriate officers for the same purpose; and\n\n(c) shall share the costs of the Interim Body in such proportions as may be agreed between them.\n\n(4) The Interim Body established pursuant to sub‑clause 30(1) shall develop a uniform reporting and audit regime which, subject to subsequent endorsement by the National Commission and approval by the Ministerial Council, shall apply to the information, including that relating to expenditure on road construction and maintenance, which may be required, from time to time, from the Participating Parties and the Australian Capital Territory by the National Commission upon its establishment.\n\n(5) The audit regime referred to in sub‑clause 30(4) shall, to the maximum extent practicable, rely upon the certification of the relevant information by the Auditors‑General of the Participating Parties.\n\nPART XII—FUNDING OF NATIONAL COMMISSION\n\n31. The funds required for the establishment and functioning of the National Commission shall be provided by the Parties until 30 June 1992 and thereafter by the Participating Parties and the Australian Capital Territory in such shares as may be agreed unanimously by the Ministerial Council.\n\n32. The Participating Parties and the Australian Capital Territory shall take all practicable measures to ensure that, once the National Commission has been established, any increase in the level of its expenditure brought about by an increase in staff or by extension of its functions will result in a combined saving in aggregate of the costs previously incurred by the Participating Parties and the Australian Capital Territory in respect of those functions conferred on the National Commission by Commonwealth legislation of at least twice the amount of that increase incurred by the National Commission.\n\nPART XIII—REPORTS AND STATEMENTS\n\n33. (1) The National Commission shall be required by the Commonwealth Act to prepare, as soon as practicable after each Financial Year, an annual report and financial statements in respect of that year in such form as is approved from time to time by the Ministerial Council. Those statements would include the expenditure reported to the National Commission pursuant to clause 25.\n\n(2) The annual report and financial statements in respect of each Financial Year shall be submitted to:\n\n(a) the responsible Minister of the Commonwealth for presentation to the Commonwealth Parliament;\n\n(b) each member of the Ministerial Council for presentation to their Parliaments; and\n\n(c) the Ministerial Council.\n\n(3) The principles and procedures on which the National Commission recommends Road Charges and a Road Use Charge shall, together with the relevant data used for these recommendations, be made public.\n\nPART XIV—AMENDMENT OF LEGISLATION\n\n34. (1) The Commonwealth will not:\n\n(a) submit to the Commonwealth Parliament any Bill to amend the Commonwealth Act; or\n\n(b) cause to be submitted to the Appropriate Authority any proposed legislation which would amend the Road Transport Legislation,\n\nunless the amendment which will be made by the Bill or by the proposed legislation, as the case may be, has been recommended by the National Commission and, having been submitted to the Ministerial Council for its consideration for at least two months, has not been disapproved within that period by the Ministerial Council.\n\n(2) If any proposed amendment to legislation is not disapproved by the Ministerial Council, the Commonwealth will submit that proposed amendment to the Appropriate Authority and take such steps as are appropriate to secure its enactment or making.\n\n35. A State or the Northern Territory will not submit to its Parliament legislation or take action for the making of regulations which will, upon coming into force, conflict with the legislation referred to in clause 8.\n\nPART XV—ADMINISTRATIVE AND LIKE LAWS\n\n36. Each Participating Party, other than the Commonwealth, shall do all that is practicable to ensure that its legislation if any, relating to the review of administrative decisions, review by an Ombudsman, privacy, freedom of information and archives applies to decisions made by the administration of that Participating Party.\n\nPART XVI—DISPUTE RESOLUTION\n\n37. (1) Should the National Commission resolve that a Participating Party or the Australian Capital Territory is acting contrary to, or failing to otherwise comply with, a provision of this Agreement or there is a failure to pass legislation required to be passed through its Parliament, then it shall inform the relevant member of the Ministerial Council representing that Party of its resolution and of its intention to refer the matter to the Ministerial Council unless the alleged act or failure is remedied or satisfactorily explained.\n\n(2) If the matter is not settled, the National Commission shall inform the member of the Ministerial Council representing such Participating Party that it is referring the matter to the Ministerial Council to determine whether further action should be taken including fixing of a further period within which the matter shall be remedied by the Participating Party.\n\n(3) If the matter is not remedied to the satisfaction of the Ministerial Council within the period referred to in sub‑clause 37(2) then the matter may be referred by the Ministerial Council to the next Premiers’ Conference for resolution.\n\nPART XVII—REVIEW\n\n38. (1) Six months before the first or any subsequent expiry of the Commonwealth Act and the Commonwealth Road Transport Legislation, the National Commission shall have completed a review of such legislation and have recommended to the Heads of Government of the Participating Parties and the Australian Capital Territory whether the legislation should:\n\n(a) be allowed to expire;\n\n(b) be re‑enacted or re‑made for a further period of six years or a lesser period in its existing form; or\n\n(c) be re‑enacted or re‑made in a modified form.\n\n(2) Those Heads of Government shall make their decision on any recommendation as to either the Commonwealth Act or the Commonwealth Road Transport Legislation made to them pursuant to sub‑clause 38(1) by majority vote and if the decision is in relation to paragraphs (b) and (c) of sub‑clause 38(1) take all practicable steps to ensure re‑enactment or re‑making before the expiry of that Legislation.\n\n(3) The Heads of Government may at any time before the expiry of six years after this Agreement first comes into force, review the operation of the Road Transport Legislation and if they unanimously resolve to terminate that Legislation and this Agreement, do all that is practicable to terminate them.\n\nPART XVIII—ACCESSION\n\n39. (1) Any State or the Northern Territory, not being a Party to this Agreement, may elect so to become by notice in writing to the Participating Parties and shall thereafter be bound by the provisions of this Agreement; and\n\n(2) Any Party to this Agreement, not being a Participating Party, may so become by the passage or making of legislation of the kind referred in clause 8.\n\nPART XIX—MOTOR VEHICLES STANDARDS ACT 1989\n\n40. (1) This Agreement is not to extend to any matter the subject of the Motor Vehicles Standards Act 1989, an Act of the Commonwealth Parliament.\n\n(2) The Commonwealth undertakes to:\n\n(a) take all practicable steps to amend the Motor Vehicles Standards Act 1989 in any respect which the National Commission recommends, being a recommendation not disapproved by a majority of all the persons who are members of the Ministerial Council within two months after that recommendation;\n\n(b) adopt as the standards relating to Vehicles those recommended by the National Commission and not disapproved by a majority and within a period of the kind referred to in paragraph 40(2)(a); and\n\n(c) consult with the National Commission and the Ministerial Council at the earliest opportunity on the most appropriate way of dealing with the operation of the Commonwealth Road Transport Legislation and the Motor Vehicles Standards Act 1989 while this Agreement continues to be confined to Vehicles as that word is defined in this Agreement.\n\nIN WITNESS WHEREOF this Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written.\n\n| SIGNED by the Honourable ROBERT JAMES LEE HAWKE, Prime Minister of the Commonwealth of Australia,in the presence of—J. KERIN |  | BOB HAWKE        |\n| ---------------------------------------------------------------------------------------------------------------------------- | ----- | ---------------- |\n| SIGNED by the Honourable NICHOLAS FRANK GREINER, Premier of the State of New South Wales,in the presence of—R. T. PERRY      |  | NICK GREINER     |\n| SIGNED by the Honourable JOAN ELIZABETH KIRNER, Premier of the State of Victoria,in the presence of—R. T. PERRY              |  | JOAN E. KIRNER   |\n| SIGNED by the Honourable WAYNE KEITH GOSS, Premier of the State of Queensland,in the presence of—R. T. PERRY                 |  | WAYNE GOSS       |\n| SIGNED by the Honourable CARMEN MARY LAWRENCE, Premier of the State of Western Australia,in the presence of—R. T. PERRY      |  | CARMEN LAWRENCE  |\n| SIGNED by the Honourable JOHN CHARLES BANNON, Premier of the State of South Australia,in the presence of—R. T. PERRY         |  | JOHN BANNON      |\n| SIGNED by the Honourable MICHAEL WALTER FIELD, Premier of the State of Tasmania,in the presence of—R. T. PERRY               |  | M. FIELD         |\n| SIGNED by ROSEMARY FOLLETT, Chief Minister of the Australian Capital Territory,in the presence of—R. T. PERRY                |  | ROSEMARY FOLLETT |","sortOrder":69},{"sectionNumber":"Schedule 1A","sectionType":"part","heading":"First Heavy Vehicles Amending Agreement","content":"# Schedule 1A–First Heavy Vehicles Amending Agreement\n\nFIRST HEAVY VEHICLES AMENDING AGREEMENT\n\nBETWEEN\n\nTHE COMMONWEALTH OF AUSTRALIA\n\nALL STATES\n\nTHE NORTHERN TERRITORY OF AUSTRALIA\n\nand\n\nTHE AUSTRALIAN CAPITAL TERRITORY\n\namending\n\nTHE HEAVY VEHICLES AGREEMENT\n\n  \n\nTHIS FIRST HEAVY VEHICLES AMENDING AGREEMENT\n\nis made the day of 1998\n\nBETWEEN:\n\nCOMMONWEALTH OF AUSTRALIA\n\nSTATE OF NEW SOUTH WALES\n\nSTATE OF VICTORIA\n\nSTATE OF QUEENSLAND\n\nSTATE OF WESTERN AUSTRALIA\n\nSTATE OF SOUTH AUSTRALIA\n\nSTATE OF TASMANIA\n\nNORTHERN TERRITORY OF AUSTRALIA\n\nAUSTRALIAN CAPITAL TERRITORY\n\nRECITALS:\n\nA The parties, other than the Northern Territory of Australia, entered into an Agreement dated 30 July 1991 known as the Heavy Vehicles Agreement (“the Principal Agreement”);\n\nB The Northern Territory of Australia acceded to that Agreement on the 15 May 1992 so that it became on that date a Party; and\n\nC All the Parties to the Principal Agreement including the Northern Territory of Australia have unanimously decided to amend the Principal Agreement.\n\nNOW IT IS AGREED as follows:\n\n1. This Agreement shall come into force on the date on which all parties have executed this Agreement.\n\n2. The Principal Agreement is to be amended as follows:\n\n(a) Recital C is deleted and the following Recital inserted in its place:\n\n\"The Heads of Government hereby affirm their continuing commitment to cooperatively implement reform of the national road transport regulatory and operating environment through a consultative inclusive arrangement.\n\nAccordingly the agreed principles are:\n\nimprovements in road transport industry efficiency and productivity;\n\nimprovements in road safety;\n\nminimisation of the adverse environmental impacts of road transport;\n\nencouragement and facilitation of innovation in the industry and its regulation;\n\nencouragement and facilitation of technological advancements in the industry, such as intelligent transport systems;\n\nimprovements in regulatory efficiency and reductions in administrative costs;\n\nimprovements in the effectiveness and efficiency of compliance arrangements;\n\nencouragement and facilitation of continuous improvement in the road transport regulatory environment (by, for example, monitoring and updating regulation as necessary);\n\nencouragement of continuous improvement in the performance of road and road transport authorities;\n\nfacilitation of international harmonisation of vehicle standards;\n\nensuring road transport reform facilitates effective intermodal linkages between road transport and other transport modes;\n\nhaving due regard to the impact of road transport reform upon road infrastructure; and\n\nhaving due regard to the impacts of road transport reform upon remote and rural areas.”;\n\n(b) by deleting from Recital G(f) the words “and Legislation”;\n\n(c) The following Recitals are added:\n\n“H Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement, entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory, and requiring Australia and New Zealand to pursue a Road Vehicle Cooperation Programme to develop a body of internationally harmonised standards to form the basis for Trans‑Tasman road vehicle standards and to develop consistent conformance assessment and certification requirements, provides that road vehicles certified as meeting Trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\nI Pending implementation of clause 8(1), the Parties wish to progressively apply the substance of the Commonwealth Road Transport Legislation as enacted from time to time.\n\nJ The Parties are to develop and agree on rules which enable the Australian Defence Force to operate in a manner that is consistent , or, where appropriate, at variance, with the Road Transport Legislation.”;\n\n(d) by inserting into clause 2 the following definitions:\n\n“Australian Transport Council” means the Council of Commonwealth, New Zealand, State, Northern Territory of Australia and Australian Capital Territory Ministers established by Ministerial Agreement on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists, when dealing with matters with which this Agreement is concerned, of only one Minister in relation to each member of that Council;\n\n“COAG” means the Council of Australian Governments;\n\n“First Heavy Vehicles Amending Agreement” means the Agreement of that name entered into by the Commonwealth, the States, the Australian Capital Territory and the Northern Territory;\n\n“New Zealand Minister” means the Minister in the New Zealand Government responsible for TTMRA road vehicle standards;\n\n“ordinary member” means a member of the National Commission other than the Chief Executive Officer;\n\n“the TTMRA road vehicle standards matters” means a Trans‑Tasman road vehicle standard, as it relates to Vehicles, referred to in Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory;\n\n(e) by adding at the end of the definition in clause 2 of “Commonwealth Act” the words “as amended from time to time”;\n\n(f) by amending the definition in clause 2 of “Voting Member” by adding the words “except New Zealand” to paragraphs (b) and (c) and inserting new paragraphs (ba) and (bb) as follows:\n\n“(ba) in relation to TTMRA road vehicle standards matters all members of the Australian Transport Council;\n\n(bb) in relation to a request from New Zealand that it have a member nominated by it on the National Commission, all members of the Australian Transport Council;”;\n\n(g) by adding the following as clause 3A:\n\n“3A. On and after the date on which the First Heavy Vehicles Amending Agreement comes into force, references in this Agreement to the expression “Ministerial Council” are to be read as references to the Australian Transport Council.”;\n\n(h) by deleting from clause 7(4) both the words “and the Commonwealth Road Transport Legislation submitted to the Appropriate Authority” and the word “six” and inserting in the place of the latter word the word “twelve”;\n\n(i) by inserting as the initial words of clause 8(1) the words “Subject to clauses 8A, 8B and 8C”;\n\n(j) by inserting the following clauses 8A, 8B and 8C:\n\n“8A. Prior to a decision by Heads of Government under clause 8B, each Party, other than the Commonwealth and the Australian Capital Territory, shall progressively apply the substance of the Commonwealth Road Transport Legislation as enacted or made from time to time so as to provide a uniform or consistent national operating environment for road transport.\n\n8B. No later than three years after the execution of the First Heavy Vehicles Amending Agreement or such later time as agreed by the Australian Transport Council, the Australian Transport Council will consider and recommend to Heads of Government the preferred means of achieving a nationally uniform or consistent integrated road transport law and Heads of Government shall make their decision by unanimous vote, on the recommendation and any consequential amendments to this Agreement.\n\n8C. Notwithstanding anything to the contrary in clause 8, uniform road transport legislation, as defined in section 41G of the Commonwealth Act, is not to apply to persons to the extent that they are exempted from that legislation under sections 41B, 41C or 41D of the Commonwealth Act .”;\n\n(k) by adding to clause 10 the following:\n\n“The Australian Transport Council is, on and from the date on which the First Heavy Vehicles Amending Agreement comes into force, to be and to exercise the functions and powers of the Ministerial Council for Road Transport which until then had been exercised by the Ministerial Council for Road Transport.”;\n\n(l) by deleting the full stop after clause 11(1) and adding the following:\n\n“and on and after the date on which the First Heavy Vehicles Amending Agreement comes into force, in relation to a matter concerning the TTMRA road vehicle standards, the New Zealand Minister.”;\n\n(m) by inserting the following words after the word “Legislation” in paragraph 12(a):\n\n“, and the TTMRA road vehicle standards,”;\n\n(n) by inserting after paragraphs 12 (a), (i) (j) and (l) respectively the following paragraphs:\n\n“(aa) recommend, to COAG that it agree a TTMRA road vehicle standard;\n\n(ia) receive and decide requests from New Zealand that New Zealand nominate a member of the National Commission;\n\n(ja) on the recommendation of the National Commission, appoint, or terminate the appointment of, the Chief Executive Officer of the National Commission;\n\n(la) give directions to the National Commission on its strategic plan;\n\nand by adding to paragraph 12(m) the words “and any application of the substance of the Commonwealth Road Transport Legislation pursuant to clause 8A”;\n\n(o) by adding to clause 13 the following sub‑clause:\n\n“(4) Notwithstanding anything to the contrary in this clause, where any meeting is to consider a matter concerning TTMRA road vehicle standards, notice of that meeting such as would be valid under clause 13(2) is to be given, and if the making of a recommendation to COAG on existing or proposed TTMRA road vehicle standards is to be considered, no vote on that recommendation is to occur unless such notice has been given.”;\n\n(p) by adding to clause 16 the following paragraph:\n\n“(ca) a matter referred to in paragraph 12(aa), where a recommendation shall be considered carried, unless it is disapproved within two months, or such lesser period as may be agreed unanimously by the Australian Transport Council, of its being submitted by the National Commission by a vote of a third or more of the Voting Members;”;\n\n(q) by inserting the following words after the word “Association” in sub‑clause 18(1):\n\n“and also, on and after the date on which the First Heavy Vehicles Amending Agreement comes into force, the Government of Papua New Guinea”;\n\n(r) by inserting the word “each” before the word “be” where it first occurs in sub‑clause 18(1);\n\n(s) by deleting the word “the” where it first appears in sub‑clause 18(2) and inserting in its place the word “either”;\n\n(t) by inserting the words “or only one person” after the word “person” in paragraph 18(3)(a);\n\n(u) by deleting the words “the person” and inserting the words “any person” in paragraph 18(3)(b);\n\n(v) by inserting in sub‑clause 20(1) immediately after the word “Legislation” where it first appears the words “and any application of the substance of the Commonwealth Road Transport Legislation pursuant to clause 8A” and also before the words “and the recommending” in that sub‑clause:\n\n“and facilitating the implementation of road transport reforms approved by the Australian Transport Council under clause 16”;\n\n(w) by inserting the following paragraphs after paragraph (a) of sub‑clause 20(1) the following:\n\n“(aa) amendments of the Road Transport Legislation;\n\n(ab) road transport reforms;\n\n(ac) recommendations to COAG on TTMRA road vehicle standards;\n\n(ad) the appointment, or termination of the appointment, of the Chief Executive Officer of the National Commission;”;\n\n(x) by deleting paragraph 20(1)(f);\n\n(y) by inserting clause 20A as follows:\n\n“20A. The National Commission shall pursue rigorous analysis of issues involved in road transport reform.”;\n\n(z) by inserting clauses 20B and 20C as follows:\n\n“20B. The National Commission, is in conjunction with the National Environment Protection Council, to develop for Vehicles national motor vehicle emission and noise standards.\n\n“20C. The National Commission is to undertake in relation to Vehicles the activities for which section 41A of the Commonwealth Act provides.”;\n\n(za) Paragraph 21(1)(b) is deleted and the following paragraph is inserted in its place:\n\n“consist of five ordinary members and a Chief Executive Officer of the National Commission. The ordinary members are to hold office on a part‑time basis; and”;\n\n(zb) by inserting the word “ordinary” before the word “members” in clauses 21(2), 21(3), and 22(2) and paragraph 12(j) and before the word “member” in clause 22(4) and by deleting from clause 21(5) the words “A member” and inserting the words “An ordinary member”;\n\n(zc) by adding the following words to clause 21(2):\n\n“which must, if New Zealand makes a request, include among those to be nominated by it as a member, a person whom New Zealand requests be so nominated and is the subject of a declaration under section 6(4) of the Commonwealth Act, if :\n\n(a) that person will fill a vacancy in the membership of the Commission; and\n\n(b) the nomination will not result in there being more than one member whose appointment is attributable to a request of that kind.”;\n\n(zd) by deleting from paragraph 21(5) the words “once only”;\n\n(ze) by deleting from clause 22(2) the word “two” and inserting in its place the word “three” and adding to that clause the following words:\n\n“and where on a person’s nomination being requested by New Zealand under sub‑clause 21(2) that person is so nominated and appointed, the quorum shall include, when the National Commission is considering TTMRA road vehicle standards matters, that person.”;\n\n(zf) by inserting in clause 27(1) after “Legislation” the words “and any application of the substance of the Commonwealth Road Transport Legislation pursuant to clause 8A”;\n\n(zg) by inserting clause 31A as follows:\n\n“31A. The National Commission may also receive funds from the government of New Zealand.”;\n\n(zh) Sub‑clause 38 (1) is amended by:\n\n(a) deleting the words “Six months” and inserting the words “Twelve months”;\n\n(b) deleting the words “and the Commonwealth Road Transport Legislation”;\n\n(c) deleting the words “National Commission” and inserting the words “Australian Transport Council”;\n\n(d) deleting the words “such legislation” and inserting the words “the Commonwealth Act and the Commonwealth Road Transport Legislation”;\n\n(e) deleting the words “the legislation” and inserting the words “the Commonwealth Act”; and\n\n(f) adding the words “and whether the Commonwealth Road Transport Legislation should be amended”.\n\n3. The Principal Agreement is, save as amended above, confirmed in all other respects.\n\nIN WITNESS WHEREOF this First Heavy Vehicles Amending Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written.\n\nSIGNED by the\n\nPrime Minister of the )\n\nCommonwealth of Australia, )\n\nin the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the State )\n\nof New South Wales, in the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the )\n\nState of Victoria, in the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the )\n\nState of Queensland, in the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the State )\n\nof Western Australia, in the presence of: )\n\n)\n\nSIGNED by the Premier of the )\n\nState of South Australia, in the )\n\npresence of: )\n\nSIGNED by the\n\nPremier of the )\n\nState of Tasmania, in the presence of: )\n\n)\n\nSIGNED by the\n\nChief Minister of the Northern )\n\nTerritory, in the presence of: )\n\n)\n\nSIGNED by the\n\nChief Minister )\n\nof the Australian Capital )\n\nTerritory, in the presence of: )\n\n)","sortOrder":70},{"sectionNumber":"Schedule 2","sectionType":"part","heading":"Light Vehicles Agreement","content":"# Schedule 2—Light Vehicles Agreement\n\nSection 3\n\nTHIS AGREEMENT is made the 11th day of May 1992\n\nBETWEEN\n\nCOMMONWEALTH OF AUSTRALIA\n\nSTATE OF NEW SOUTH WALES\n\nSTATE OF VICTORIA\n\nSTATE OF QUEENSLAND\n\nSTATE OF SOUTH AUSTRALIA\n\nNORTHERN TERRITORY OF AUSTRALIA\n\nAUSTRALIAN CAPITAL TERRITORY\n\nRECITALS:\n\nA. The Premiers and Chief Ministers at a meeting in Adelaide in November 1991 proposed an agreement between their Governments and the Commonwealth of Australia (“the Commonwealth”) involving a regime for vehicles, other than those to which the Heavy Vehicles Agreement applies, their drivers, other road users and related matters.\n\nB. The Government of the Commonwealth of Australia has approved of the Commonwealth entering into that proposed agreement.\n\nC. The Parties to this Agreement are agreed that the principles referred to in the Recital C of the Heavy Vehicles Agreement necessitate uniform or consistent light vehicle transport legislation throughout Australia, and they are further agreed that this will be achieved by establishing and implementing a co‑operative scheme, the objectives of which are to ensure in respect of light vehicle transport legislation that:\n\n(a) legislation is made, and continues to be, uniform or consistent throughout Australia at all times except as otherwise provided for in this Agreement;\n\n(b) legislation is administered so as to achieve, at least, a minimum standard of outcome;\n\n(c) the Commonwealth, the States, the Northern Territory of Australia and the Australian Capital Territory are able to co‑operate with each other in regard to the matters to be provided in the legislation, the way in which the legislation is administered, and the fostering of innovation;\n\n(d) the legislation is capable of effective administration throughout Australia with the minimum of procedural requirements and is so administered; and\n\n(e) changes in the legislation are proposed for consideration as appropriate from time to time and amendments made when the need for reform arises.\n\nD. The Parties to this Agreement have reached agreement on a scheme to achieve the objectives referred to in Recital C.\n\nE. The essential element of the scheme is an agreement between the Commonwealth, the States, the Northern Territory of Australia and the Australian Capital Territory to provide for;\n\n(a) the introduction of both legislation amending the National Road Transport Commission Act 1991 of the Commonwealth (“NRTC Act”) and of legislation forming part of, or being an amendment to, the Commonwealth Road Transport Legislation;\n\n(b) access to the Ministerial Council and National Commission; and\n\n(c) for other matters as appear hereafter.\n\nF. The matters mentioned in Recital E, involve the following sequence:\n\n(a) Firstly, the conclusion of an agreement between the Commonwealth and the Australian Capital Territory under which the former, with consent of the Legislative Assembly for the Australian Capital Territory, will seek to amend the NRTC Act and to enact or make Light Vehicle Transport Legislation for the Australian Capital Territory which law will be the model on which the pertinent law of the parties to this Agreement, other than the Commonwealth, will be based.\n\n(b) Secondly, the extension by the Parties to this Agreement of the powers of the Ministerial Council to include the functions and powers set out herein.\n\n(c) Thirdly, the enactment by the Commonwealth Parliament of legislation amending the NRTC Act which establishes a National Road Transport Commission and describes its powers and functions.\n\n(d) Fourthly, the making by the Appropriate Authority of Commonwealth Light Vehicle Transport Legislation and its coming into force.\n\n(e) Fifthly, the passage by the Parties, other than the Commonwealth and the Australian Capital Territory, through their respective Parliaments, of legislation which will provide that, when the last mentioned legislation is made by the Appropriate Authority and comes into force, the then existing light vehicle transport legislation of these Parties is repealed, amended or modified so as to avoid any conflict with that Commonwealth legislation and, in its place, there is on the same date for all Parties applied the legislation referred to in Recital F (d) and there is conferred on the National Commission in relation to each of those Parties the functions and powers conferred on it by the Commonwealth legislation referred to in Recital E.\n\nNOW IT IS AGREED by the Parties as follows:\n\nPART I—INTERPRETATION\n\n1. In this Agreement, except where a contrary intention appears:\n\n(a) “Australian Capital Territory” means, save where a geographic meaning is intended, the body politic established by the Australian Capital Territory (Self‑Government) Act 1988;\n\n(b) “Commonwealth” means the Commonwealth of Australia as a Party to this Agreement; and\n\n(c) “Northern Territory” means, save in sub‑clauses 4(1) and 31(3) the Northern Territory of Australia while a Party to this Agreement; and\n\n(d) “State” means, save in sub‑clauses 4(1) and 31(3), a State of the Commonwealth of Australia that is at the relevant time a Party to this Agreement.\n\n2. “Application Order” means an order which, because of geographical or regional conditions, suspends or varies the operation of Commonwealth Light Vehicle Transport Legislation as it should otherwise apply in a Zone in relation to:\n\n(a) standards and other regulatory measures whether or not those measures are introduced as innovations on a trial basis,\n\n(b) enforcement levels above a national minimum standard, and\n\n(c) the level of penalties above a national minimum;\n\n“Appropriate Authority” means in the case of:\n\n(a) legislation proposed hereunder other than regulations, the Commonwealth Parliament,\n\n(b) regulations, the Federal Executive Council including the Governor‑General, or\n\n(c) orders or instruments under that legislation, the Commonwealth Minister or his delegate;\n\n“Commonwealth Act” means the Act of the Commonwealth Parliament enacting the amendments referred to in sub‑clause 6(1) to the NRTC Act;\n\n“Commonwealth Light Vehicle Transport Legislation” means the legislation referred to in paragraph (a) of the definition of Light Vehicle Transport Legislation;\n\n“Commonwealth Minister” means the Commonwealth Minister appointed under clause 11 of the Heavy Vehicles Agreement;\n\n“Commonwealth Road Transport Legislation” means the legislation referred to in paragraph (a) of the definition of Road Transport Legislation;\n\n“Emergency Order” means an Order of the kind made under sub‑clause 8(5);\n\n“Financial Year” means a period of twelve months ending on a thirtieth day of June or, where the relevant provision of this Agreement is applicable during part only of any such period, means the portion of the period during which the provision applies;\n\n“Federal Office of Road Safety” means that Division of the Commonwealth Department of Transport and Communications or its successor responsible for; the development and administration of standards under the Motor Vehicle Standards Act 1989, vehicle safety recalls, the development of national codes for traffic, dangerous goods and explosives; research, public education and national accident statistics;\n\n“Heavy Vehicles Agreement” means the Agreement dated 30 July 1991 between the Commonwealth, all the States as defined therein and the Australian Capital Territory;\n\n“Light Vehicle” means a road vehicle other than a vehicle to which the Heavy Vehicles Agreement applies;\n\n“Light Vehicle Transport” means the regime referred to in Recital A, but does not include road charges and economic regulation of the transport industry, e.g., Part VI of the Transport Act 1983, as amended, of Victoria;\n\n“Light Vehicle Transport Legislation” means:\n\n(a) the Commonwealth legislation in relation to Light Vehicle Transport applying in the Australian Capital Territory and the Jervis Bay Territory, or\n\n(b) the provisions of that Commonwealth legislation applied pursuant to clause 8(1) by a Participating Party other than the Commonwealth\n\nin either case extending to a Light Vehicle whilst within the Australian Capital Territory, the Jervis Bay Territory or the territory of such a Participating Party although they emanate from a State or the Northern Territory that is not a Participating Party;\n\n“Ministerial Council” means the Ministerial Council established by Part VI of the Heavy Vehicles Agreement as affected by this Agreement;\n\n“National Commission” means the National Road Transport Commission established by the NRTC Act as hereafter amended from time to time;\n\n“Participating Party” means any Party, other than the Australian Capital Territory, which has both secured the passage or the making, of the legislation relevant in its case, provided for by Part IV and caused that legislation to come into force;\n\n“Road Transport” means:\n\n(a) design, construction and use of Vehicles to which the Heavy Vehicles Agreement applies including operating requirements as to drivers’ records, driving hours, and other matters in relation to the drivers of those Vehicles,\n\n(b) registration of those Vehicles and matters relating thereto including the means by which any registration may be cancelled, suspended or its operation affected,\n\n(c) standards of driver licensing with respect to those Vehicles and matters relating thereto including the means by which any licence may be cancelled, suspended or its operation affected,\n\n(d) any provision of a traffic code, directed solely to the use of those Vehicles, and\n\n(e) nationally consistent Charging Principles and Road Charges as defined in the Heavy Vehicles Agreement,\n\nbut does not include economic regulation of the transport industry, e.g., Part VI of the Transport Act 1983, as amended, of Victoria;\n\n“Road Transport Legislation” means:\n\n(a) the Commonwealth Legislation in relation to Road Transport applying in the Australian Capital Territory and the Jervis Bay Territory; or\n\n(b) the provisions of that Commonwealth legislation applied pursuant to clause 8 of the Heavy Vehicles Agreement by a Participating Party as defined therein other than the Commonwealth;\n\nin either case extending to Vehicles to which the Heavy Vehicles Agreement applies whilst within the Australian Capital Territory, the Jervis Bay Territory or the territory of such a Participating Party although they emanate from either a State or the Northern Territory that is not such a Participating Party;\n\n“State and Territory Acts” means legislation as amended from time to time consistent with this Agreement of the Parliament of each Participating Party, other than the Commonwealth, that is provided for by this Agreement,\n\n“Vehicle to which the Heavy Vehicles Agreement applies” means a road vehicle which has a manufacturer’s rated gross vehicle mass of more than 4.5 tonnes;\n\n“Voting Member” means all members of the Ministerial Council;\n\n“Zone” means:\n\n(a) until replaced by another Zone or other Zones pursuant to sub‑clause 17(4), the area within Australia excluding the external territories; or\n\n(b) upon that area being replaced by other Zones pursuant to sub‑clause 17(4), those other Zones.\n\n3. In this Agreement, unless a contrary intention appears or the context otherwise requires:\n\n(a) a reference to a Recital is a reference to the relevant Recital of this Agreement;\n\n(b) a reference to a Part is a reference to the relevant Part of this Agreement;\n\n(c) a reference to a clause, sub‑clause or paragraph is a reference to the relevant clause, sub‑clause or paragraph of this Agreement;\n\n(d) words importing the singular shall include the plural and vice versa; and\n\n(e) words importing any gender shall include each of the other genders.\n\nPART II—OPERATION OF AGREEMENT\n\n4. (1) This Agreement shall come into force when it has been executed by the Commonwealth and a majority of all the States, of the Northern Territory and of the Australian Capital Territory.\n\n(2) This Agreement may, after its coming into force, be amended only by the unanimous decision of Parties and the Australian Capital Territory.\n\nPART III—ESTABLISHMENT OF SCHEME\n\n5. (1) The Parties to this Agreement will, to the extent necessary having regard to legislation in force pursuant to the Heavy Vehicles Agreement, take such action as is provided for by this Agreement, and as is otherwise requisite on their respective parts, to achieve the objectives referred to in Recital C. by initiating and operating the scheme of legislative and administrative acts and procedures provided for by this Agreement.\n\n(2) Without limiting the provisions of sub‑clause 5(1), pending the coming into force of the Commonwealth legislation the subject of clauses 6 and 7, the Parties to this Agreement are, from the date this Agreement comes into force, as the opportunity arises, to take such action as is available to them, including that referred to in Part IX and the submission to their respective Parliaments of legislation and the making of regulations, to expedite the achievement of the principles and objectives of this Agreement.\n\nPART IV—INITIAL LEGISLATION\n\n6. (1) The Commonwealth will, as soon as is practicable, submit to the Commonwealth Parliament any amendments to the NRTC Act which are required to enable that legislation to apply in relation to Light Vehicle Transport.\n\n(2) The Commonwealth shall only submit to the Commonwealth Parliament any amendments referred to in sub‑clause 6(1), which have:\n\n(a) been proposed by the National Commission;\n\n(b) been submitted to the Ministerial Council for its consideration for at least two months or such lesser period as may be unanimously agreed by the Ministerial Council; and\n\n(c) not been disapproved by the Ministerial Council within that period.\n\n(3) The legislation provided for by sub‑clause 6(1) shall confer on the National Commission such functions and powers as will enable it, in conjunction with the functions and powers which are conferred on it by the State and Territory Acts to carry out its functions under, and in accordance with, this Agreement.\n\n7. (1) The Commonwealth shall ensure that there is included in the legislation to be submitted to the Appropriate Authority under clause 7 of the Heavy Vehicles Agreement or in legislation amending that legislation, provisions of the Commonwealth Light Vehicle Transport Legislation.\n\n(2) The Commonwealth shall only submit to the Appropriate Authority any provisions of the Commonwealth Light Vehicle Transport Legislation, which have:\n\n(a) been proposed by the National Commission;\n\n(b) been submitted to the Ministerial Council for its consideration for at least two months or such lesser period as may be unanimously agreed by the Ministerial Council; and\n\n(c) not been disapproved by the Ministerial Council within that period.\n\n(3) The Commonwealth Light Vehicle Transport Legislation provided for by sub‑clause 7(1) shall constitute substantive law as to Light Vehicle Transport:\n\n(a) in the Australian Capital Territory; and\n\n(b) in the Jervis Bay Territory.\n\n(4) The Commonwealth Act and the Commonwealth Light Vehicle Transport Legislation submitted to the Appropriate Authority shall be limited in the term of its application to the period of operation of the NRTC Act.\n\n8. (1) Each Party, other than the Commonwealth and the Australian Capital Territory, will take such steps as are appropriate to secure the passage or making, as the case may be, of legislation which, as from the date on which the Commonwealth Light Vehicle Transport Legislation comes into force and to the extent necessary for the purposes of this Agreement, provides, that:\n\n(a) the existing light vehicle transport legislation of the State or the Northern Territory shall be automatically repealed, amended or modified in operation to the extent necessary to avoid conflict with the Commonwealth Light Vehicle Transport Legislation and the Commonwealth Act;\n\n(b) the provisions of the Commonwealth Light Vehicle Transport Legislation, as amended from time to time, are automatically applied as the law of that State or the Northern Territory, as the case may be, in place of the legislation so repealed, amended or modified in operation;\n\n(c) the relevant Minister of each such Party may make Application Orders and Emergency Orders; and\n\n(d) there is conferred on the National Commission and the Ministerial Council in relation to the State the functions and powers respectively conferred on them by the Commonwealth Act.\n\n(2) The Commonwealth will take such steps as are appropriate to seek the passage of legislation authorising a Minister of the Australian Capital Territory, or in the case of Jervis Bay Territory, a Commonwealth Minister, to make Application Orders and Emergency Orders.\n\n(3) The relevant Minister of a Participating Party, the Australian Capital Territory or of the Commonwealth, in the case of the Jervis Bay Territory, shall only make an Application Order which:\n\n(a) has been recommended in relation to the territory of that Participating Party, the Australian Capital Territory or Jervis Bay Territory, as the case may be, by the National Commission; and\n\n(b) has not been disapproved by the Ministerial Council within two months.\n\n(4) A Participating Party, the Australian Capital Territory or the Commonwealth in the case of Jervis Bay Territory shall make:\n\n(a) any Emergency Order which the National Commission recommends for that Party, the Australian Capital Territory, or Jervis Bay Territory respectively; or\n\n(b) any Application Order which the National Commission recommends for that Party, the Australian Capital Territory, or Jervis Bay Territory respectively and of which the Ministerial Council does not so disapprove.\n\n(5) If the National Commission considers, on being notified by a Participating Party, the Australian Capital Territory or the Commonwealth for Jervis Bay Territory, or on such other information as it considers relevant, that there is a need for urgent emergency measures relating to public health and safety or the furtherance of some other public interest to be made then without reference to the Ministerial Council, on the Commission so making a recommendation, any Minister of a Participating Party or the Australian Capital Territory may make an Emergency Order to that effect. The making of the Emergency Order shall have the effect of suspending or varying the operation of the Commonwealth Light Vehicle Transport Legislation in relation to whichever of that Party, the Australian Capital Territory or the Commonwealth, in the case of Jervis Bay Territory, makes that Order.\n\n(6) An Emergency Order is to continue for a period of six months unless two months before the end of the six months period:\n\n(a) the National Commission recommends; and\n\n(b) before the end of the period the Ministerial Council does not disapprove,\n\nthe matter dealt with by that Order being dealt with in the same manner in the Light Vehicle Transport Legislation or in relation to a part of Australia in an Application Order, in which case the Emergency Order shall continue in force until the date on which that Legislation or Application Order comes into force.\n\n(7) An Emergency Order may be terminated by the Ministerial Council at any time within the period referred to in sub‑clause 8(6).\n\nPART V—FUNCTIONS OF MINISTERIAL COUNCIL\n\n9. The Ministerial Council established under the Heavy Vehicles Agreement shall, having regard to the principles and objectives stated in Recital C have as its functions hereunder to:\n\n(a) consider policy questions relating to the Light Vehicle Transport Legislation and any recommendations of the National Commission not otherwise mentioned in this clause;\n\n(b) refer any question to the National Commission for consideration and report;\n\n(c) consider whether to disapprove the text of Light Vehicle Transport Legislation submitted to it by the National Commission;\n\n(d) agree, pursuant to clause 23, the proportion of the Budget of the National Commission to be borne by each Party;\n\n(e) consider whether to disapprove the replacement of a Zone, with other Zones recommended by the National Commission;\n\n(f) oversee the administration by Participating Parties and the Australian Capital Territory of Light Vehicle Transport Legislation;\n\n(g) approve the guidelines for the preparation of regulatory impact statements produced by the National Commission pursuant to paragraph 17(1)(b);\n\n(h) disapprove Application Orders;\n\n(i) terminate Emergency Orders;\n\n(j) approve under sub‑clause 31(3) a way of interlinking the operation of the Acts referred to in the sub‑clause; and\n\n(k) disapprove any recommendation of the National Commission referred to in paragraph 31(2)(a).\n\nPART VI—PROCEEDINGS OF MINISTERIAL COUNCIL\n\n10. (1) Ordinary meetings of the Ministerial Council shall be held at such times and places as are from time to time decided by the Ministerial Council but, in any event, not less than once in each calendar year.\n\n(2) A special meeting of the Ministerial Council may be convened by any member by giving 28 days (or such other shorter period as may be accepted by all members for the purpose of the meeting) notice in writing to all other members.\n\n(3) A special meeting shall not, except with the agreement of all members of the Ministerial Council, consider a matter which has not been specified in, or at the time of, the notice of the special meeting.\n\n11. The quorum for consideration of a resolution at a meeting of the Ministerial Council shall be that number of Voting Members equal to the integer immediately above 50 percent of the total number of Voting Members.\n\n12. (1) The Chairperson of a meeting of the Ministerial Council shall be decided by the Ministerial Council prior to or, if not previously decided, at the meeting.\n\n(2) At a meeting of the Ministerial Council the Chairperson shall:\n\n(a) in the case where the chairperson is a Voting Member, have a deliberative, but not a casting, vote; and\n\n(b) in all other cases, have no vote.\n\n13. The Ministerial Council will carry a resolution by a simple majority of Voting Members in favour of the resolution except in relation to a matter referred to in paragraphs 6(2)(b) and 7(2)(b) and clause 23 where the vote of all Voting Members in favour of the resolution shall cause the resolution to be carried.\n\n14. A resolution which, without being considered at a meeting of the Ministerial Council, is referred to all Voting Members of the Ministerial Council who indicate in writing, whether transmitted by electronic or other means, to the National Commission, that they are in favour, shall be as valid and effective as if the resolution had been passed at a duly convened meeting of the Ministerial Council.\n\n15. (1) Subject to the provisions of sub‑clauses 15(2), and 15(3), the Australian Local Government Association shall be entitled to nominate in writing to the Chairperson of the National Commission a person who shall be entitled to receive notices of meetings of the Ministerial Council and to attend meetings of the Ministerial Council as an observer but not as a member.\n\n(2) Upon receipt of the nomination referred to in sub‑clause 15(1), the Chairperson of the National Commission shall advise in writing each member for the time being of the Ministerial Council of the person nominated.\n\n(3) No meeting of the Ministerial Council shall be deemed to be improperly held by reason of:\n\n(a) there being no person nominated pursuant to sub‑clause 15(1); or\n\n(b) the person nominated pursuant to sub‑clause 15(1) not having been sent, or not having received, a notice of a meeting of the Ministerial Council or not being in attendance at any meeting of the Ministerial Council.\n\n16. Subject to the previous provisions of this Part, the Ministerial Council may determine its own procedure and for that purpose may make rules of procedure, including rules relating to notices of meetings and conduct of business at meetings, and may from time to time alter such rules.\n\nPART VII—NATIONAL ROAD TRANSPORT COMMISSION\n\n17. (1) Subject to this Agreement and to the responsibility of the States and the Territories for day‑to‑day administration, having regard to the principles and objectives stated in the Recitals, the functions of the National Commission shall be to have and to exercise responsibility both for the policy development in relation to Light Vehicle Transport and for overseeing the administration by Participating Parties and the Australian Capital Territory of Light Vehicle Transport Legislation and for the provision of information with respect to such Legislation and the preparation and issuing of guidelines and principles of administration to the Participating Parties and the Australian Capital Territory, and the recommending to the Ministerial Council of:\n\n(a) the proposed Light Vehicle Transport Legislation;\n\n(b) guidelines for the preparation of regulatory impact statements concerning proposed Light Vehicle Transport Legislation;\n\n(c) one of the options set out in sub‑clause 29(1);\n\n(d) Application Orders;\n\n(e) a way of interlinking the operation of the Acts referred to in sub‑clause 31(3), as developed by it and the Commonwealth; and\n\n(f) amendments to the Motor Vehicle Standards Act 1989;\n\nand the recommending of Emergency Orders to the Participating Parties and the Australian Capital Territory.\n\n(2) The National Commission shall exercise in the following manner its functions under this Agreement as to the matters below:\n\n(a) as a matter of priority to develop and/or maintain national standards and associated codes of practice as appropriate in the following areas:\n\n    (i) new vehicle safety, emission, noise and other technical standards;\n    (ii) in‑service vehicle safety, emission noise and other standards;\n    (iii) roadworthiness performance standards;\n    (iv) driver capability criteria;\n    (v) the traffic code covering interaction and behaviour of all road users;\n    (vi) the transport of dangerous goods;\n    (vii) vehicle registration and driver licensing information exchange; and\n    (viii) integration of national data bases as they relate to Light Vehicles.\n\n(b) in addition,\n\n    (i) to assemble and publish comparative information on the funding of roads and the taxes and road‑related charges applying to Light Vehicles;\n    (ii) assist in developing indicators for assessing the performance of the road system, the efficiency and effectiveness of road authorities (including the Commonwealth and those of local government) in managing that system, collate the information collected by those authorities, and publish comparative assessments of the performance, of those road authorities and of their road systems;\n    (iii) monitor the use of alternative fuels; and\n    (iv) assemble and publish information on road safety.\n\n(c) to identify priorities and timetables for the following and develop proposals for national regulation and associated codes of practice as appropriate but only where significant net benefits can be demonstrated:\n\n    (i) technical standards for new Light Vehicles not covered by the Motor Vehicle Standards Act 1989;\n    (ii) standards for modification of Light Vehicles;\n    (iii) regulations regarding towed mass;\n    (iv) procedures and sanctions for unroadworthy vehicles;\n    (v) co‑ordination of national road safety research and public education relating to road safety;\n    (vi) enforcement and sanctions;\n    (vii) vehicle registration and driver licensing business rules;\n    (viii) uniform vehicle registration and driver licensing computer systems;\n    (ix) driver licensing requirements and performance standards including driver and rider training;\n    (x) operator licensing requirements; and\n    (xi) other matters referred by the Ministerial Council.\n\n(3) The National Commission in conjunction with the National Environmental Protection Authority is to develop for Light Vehicles national motor vehicle emission and noise standards.\n\n(4) The National Commission may recommend the replacement of a Zone for any purpose, with another Zone or other Zones and in the case of any replacement Zone referred to if not disapproved by the Ministerial Council within a period of at least two months or any lesser period agreed by the Ministerial Council, shall constitute a Zone for all members of the Ministerial Council whose territory in whole or part lies within that Zone until any further recommendation, not so disapproved, is made.\n\n(5) To assist the National Commission in discharging the responsibilities set out in sub‑clauses 17(1), 17(2) and 17(3) the National Commission shall consult with interested persons and may, from time to time, appoint committees. The number of members of, manner of appointment to and removal from, and terms and conditions of appointment to such committees, are to be determined by the National Commission.\n\n(6) Proposed Commonwealth Light Vehicle Transport Legislation submitted to the Ministerial Council shall be accompanied by a regulatory impact statement.\n\n(7) The National Commission shall prepare regulatory impact statements.\n\n(8) The National Commission shall report within three months after the expiry of each Financial Year to the Commonwealth Parliament on the administration and enforcement by the Participating Parties and the Australian Capital Territory of the Light Vehicle Transport Legislation.\n\nPART VIII—STATE AND TERRITORY ADMINISTRATIONS\n\n18. The administration of Commonwealth Light Vehicle Transport Legislation within the Australian Capital Territory and Jervis Bay Territory and within the Territory of each Participating Party which applies the Commonwealth Light Vehicle Transport Legislation in accordance with the scheme established under this Agreement shall, to the maximum extent practicable, be carried out by the entities and personnel of the administration of the relevant Participating Party or the Australian Capital Territory, and the Commonwealth, as the case may be, but the National Commission shall oversee in accordance with clause 17, those entities in the performance of those functions.\n\n19. The exercise by the National Commission of responsibility for the administration of Light Vehicle Transport Legislation shall not extend to matters relating to:\n\n(a) the Australian Public Service;\n\n(b) the Public Service of a State or Territory;\n\n(c) the management and provision of facilities or services or both of Commonwealth, State or Territory administrations; or\n\n(d) any functions of Commonwealth, State or Territory administration that are not included within the scope of operation of the scheme established under this Agreement.\n\n20. Members of the Ministerial Council or their delegates shall be entitled to be notified of, and to be given information concerning, any matter being dealt with by the National Commission and shall have the right to refer any matter arising out of, or in connection with, their responsibilities directly to the National Commission for consideration.\n\n21. Each Participating Party and the Australian Capital Territory will provide the funds and other resources necessary for its administration to carry out the functions of that administration in accordance with the scheme established under this Agreement.\n\nPART IX—INTERIM ARRANGEMENTS\n\n22. (1) As soon as practicable after this Agreement comes into force, Heads of Government agree to direct the representatives of their Governments on the Ministerial Council to act so that the functions and powers referred to in paragraphs 8(1)(e) and (f) of the NRTC Act are so conferred and expressed to be conferred pending the amendment to that Act referred to in this Agreement to enable that Commission to exercise its powers in relation to this Agreement.\n\nPART X—FUNDING OF NATIONAL COMMISSION\n\n23. The funds required for the functioning of the National Commission shall be provided by the Parties in such shares as may be agreed unanimously by the Ministerial Council provided that if, after the commencement of the legislation referred to in sub‑clause 8(1), the Ministerial Council unanimously agrees that the Parties who are not then Participating Parties will not so become within a reasonable time then any of those Parties may, while they continue to fail to so become, cease to provide funds should they wish to so do.\n\n24. The Participating Parties and the Australian Capital Territory shall take all practicable measures to ensure that any increase in the level of the National Commission’s expenditure brought about by an increase in staff or by extension of its functions will result in a combined saving in aggregate of the costs previously incurred by the Participating Parties and the Australian Capital Territory in respect of those functions conferred on the National Commission by Commonwealth legislation of at least twice the amount of that increase incurred by the National Commission.\n\nPART XI—AMENDMENT OF LEGISLATION\n\n25. (1) The Commonwealth will not:\n\n(a) submit to the Commonwealth Parliament any Bill to amend the Commonwealth Act; or\n\n(b) cause to be submitted to the Appropriate Authority any proposed legislation which would amend the Light Vehicles Transport Legislation, unless the amendment which will be made by the Bill or by the proposed legislation, as the case may be, has been recommended by the National Commission and, having been submitted to the Ministerial Council for its consideration for at least two months, has not been disapproved within that period by the Ministerial Council.\n\n(2) If any proposed amendment to legislation is not disapproved by the Ministerial Council, the Commonwealth will submit that proposed amendment to the Appropriate Authority and take such steps as are appropriate to secure its enactment or making.\n\n26. A State or the Northern Territory will not submit to its Parliament legislation or take action for the making of regulations;\n\n(a) which will, upon coming into force, conflict with the legislation referred to in clause 8; or\n\n(b) concerning interstate trade or commerce in relation to Light Vehicle Transport without first consulting the National Commission.\n\nPART XII—ADMINISTRATIVE AND LIKE LAWS\n\n27. Each Participating Party, other than the Commonwealth, shall do all that is practicable to ensure that its legislation if any, relating to the review of administrative decisions, review by an Ombudsman, privacy, freedom of information and archives applies to decisions made by the administration of that Participating Party.\n\nPART XIII—DISPUTE RESOLUTION\n\n28. (1) Should the National Commission resolve that a Participating Party or the Australian Capital Territory is acting contrary to, or failing to otherwise comply with, a provision of this Agreement or there is a failure to pass legislation required to be passed through its Parliament, then it shall inform the relevant member of the Ministerial Council representing that Party of its resolution and of its intention to refer the matter to the Ministerial Council unless the alleged act or failure is remedied or satisfactorily explained.\n\n(2) If the matter is not settled, the National Commission shall inform the member of the Ministerial Council representing such Participating Party that it is referring the matter to the Ministerial Council to determine whether further action should be taken including fixing of a further period within which the matter shall be remedied by the Participating Party.\n\n(3) If the matter is not remedied to the satisfaction of the Ministerial Council within the period referred to in sub‑clause 28(2) then the matter may be referred by the Ministerial Council to the next Premiers’ Conference or equivalent Conference for resolution.\n\nPART XIV—REVIEW\n\n29. (1) Six months before the first or any subsequent expiry of the Commonwealth Act and the Commonwealth Light Vehicle Transport Legislation, the National Commission shall have completed a review of such legislation and have recommended to the Heads of Government of the Participating Parties and the Australian Capital Territory whether the legislation should:\n\n(a) be allowed to expire;\n\n(b) be re‑enacted or re‑made for a further period of six years or a lesser period in its existing form; or\n\n(c) be re‑enacted or re‑made in a modified form.\n\n(2) Those Heads of Government shall make their decision on any recommendation as to either the Commonwealth Act or the Commonwealth Light Vehicle Transport Legislation made to them pursuant to sub‑clause 29(1) by majority vote and if the decision is in relation to paragraphs (b) and (c) of sub‑clause 29(1) take all practicable steps to ensure re‑enactment or re‑making before the expiry of that Legislation.\n\n(3) The Heads of Government may at any time before the expiry of the NRTC Act review the operation of the Light Vehicle Transport Legislation and if they unanimously resolve to terminate that Legislation and this Agreement, do all that is practicable to terminate them.\n\nPART XV—ACCESSION\n\n30. (1) Any State or the Northern Territory, not being a Party to this Agreement, may elect to so become by notice in writing to the other Parties and shall thereafter be bound by the provisions of this Agreement.\n\n(2) Any Party to this Agreement, not being a Participating Party, may so become by the passage or making of legislation of the kind referred to in clause 8.\n\nPART XVI—MOTOR VEHICLE STANDARDS ACT 1989\n\n31. (1) Save to the extent required by sub‑clause (2), this Agreement to extend to any matter the subject of the Motor Vehicle Standards Act 1989, an Act of the Commonwealth Parliament.\n\n(2) No later than the taking of the steps referred to in clause 8 by the Parties, the Commonwealth undertakes to:\n\n(a) take all practicable steps to amend the Motor Vehicle Standards Act 1989 in any respect which the National Commission recommends, being a recommendation not disapproved by a majority of all the persons who are members of the Ministerial Council within two months after that recommendation;\n\n(b) adopt as the standards relating to Light Vehicles those recommended by the National Commission and not disapproved or varied by the majority, and within the period, referred to in paragraph (a); and\n\n(c) develop and enter into a Memorandum of Understanding with the National Commission on the role of the Federal Office of Road Safety.\n\n(3) On all the States and the Northern Territory securing passage of the legislation referred to in clause 8, the Commonwealth will within six months thereafter develop in consultation with the National Commission for approval by the Ministerial Council a way of interlinking the operation of the Commonwealth Light Vehicle Transport Legislation and the Motor Vehicle Standards Act 1989.\n\nPART XVII—AMENDMENTS TO HEAVY VEHICLES AGREEMENT\n\n32. (1) The Parties agree that:\n\n(a) the word “Participating” in Recitals G(e) and in sub‑clauses 4(2) and 39(1); and\n\n(b) the words “until 30 June 1992 and thereafter by the Participating Parties and the Australian Capital Territory” in Clause 31,\n\nof the Heavy Vehicles Agreement are to be deemed to have never been included in that Agreement.\n\n(2) Clause 35 of the Heavy Vehicles Agreement is amended by deleting all words after “regulations” and adding the following:\n\n“(a) which will, upon coming into force, conflict with the legislation referred to in clause 8; or\n\n(b) concerning interstate trade or commerce in relation to Road Transport without first consulting the National Commission.”\n\n(3) Clause 31 of the Heavy Vehicles Agreement is amended by adding the words “provided that if, after the commencement of the Legislation referred to in sub‑clause 8(1), the Ministerial Council unanimously agrees that the Parties who are not then Participating Parties will not so become within a reasonable time, then any of those Parties may, while they continue to fail to so become, cease to provide funds should they wish to so do”.\n\nIN WITNESS WHEREOF this Agreement has been respectively signed for and on behalf of the Parties as at the day and year first above written.\n\n| SIGNED by the Honourable PAUL JOHN KEATING, Prime Minister of the Commonwealth of Australia,in the presence of—R. T. PERRY           |  | PAUL KEATING     |\n| ------------------------------------------------------------------------------------------------------------------------------------ | ----- | ---------------- |\n| SIGNED by the Honourable NICHOLAS FRANK GREINER, Premier of the State of New South Wales,in the presence of—R. T. PERRY              |  | NICK GREINER     |\n| SIGNED by the Honourable JOAN ELIZABETH KIRNER, Premier of the State of Victoria,in the presence of—R. T. PERRY                      |  | JOAN KIRNER      |\n| SIGNED by the Honourable WAYNE KEITH GOSS, Premier of the State of Queensland,in the presence of—R. T. PERRY                         |  | WAYNE GOSS       |\n|                                                                                                                                      |       |                  |\n| SIGNED by the Honourable JOHN CHARLES BANNON, Premier of the State of South Australia,in the presence of—R. T. PERRY                 |  | JOHN BANNON      |\n| SIGNED by the Honourable MARSHALL BRUCE PERRON, Chief Minister of the Northern Territory of Australia,in the presence of—R. T. PERRY |  | M. PERRON        |\n| SIGNED by ROSEMARY FOLLETT, Chief Minister of the Australian Capital Territory,in the presence of—R. T. PERRY                        |  | ROSEMARY FOLLETT |","sortOrder":71},{"sectionNumber":"Schedule 2A","sectionType":"part","heading":"First Light Vehicles Amending Agreement","content":"# Schedule 2A—First Light Vehicles Amending Agreement\n\nFIRST LIGHT VEHICLES AMENDING AGREEMENT\n\nBETWEEN\n\nTHE COMMONWEALTH OF AUSTRALIA\n\nTHE STATES\n\nTHE NORTHERN TERRITORY OF AUSTRALIA\n\nand\n\nTHE AUSTRALIAN CAPITAL TERRITORY\n\namending\n\nTHE LIGHT VEHICLES AGREEMENT\n\n  \n\nTHIS FIRST LIGHT VEHICLES AMENDING AGREEMENT\n\nis made the day of 1998\n\nBETWEEN:\n\nCOMMONWEALTH OF AUSTRALIA\n\nSTATE OF NEW SOUTH WALES\n\nSTATE OF VICTORIA\n\nSTATE OF QUEENSLAND\n\nSTATE OF WESTERN AUSTRALIA\n\nSTATE OF SOUTH AUSTRALIA\n\nSTATE OF TASMANIA\n\nNORTHERN TERRITORY OF AUSTRALIA\n\nAUSTRALIAN CAPITAL TERRITORY\n\nRECITALS:\n\nA The parties, other than the Western Australia and Tasmania, entered into an Agreement dated 11 May 1992 known as the Light Vehicles Agreement (“the Principal Agreement”);\n\nB The State of Western Australia acceded to that Agreement on or about the 27 July 1992 so that it became on that date a Party;\n\nC The State of Tasmania acceded to that Agreement on or about the  \n28 August 1992 so that it became on that date a Party;\n\nD All the initial Parties to the Principal Agreement and the States of Western Australia and Tasmania have unanimously decided to amend the Principal Agreement.\n\nNOW IT IS AGREED as follows:\n\n1. This Agreement shall come into force on the date on which all parties have executed this Agreement.\n\n2. The Principal Agreement is to be amended as follows:\n\n(a) by inserting the words “as amended” after the words “Recital C” in Recital C and adding at the end of that Recital the following:\n\n“Further, the Heads of Government hereby affirm their continuing commitment to cooperatively implement reform of the national road transport regulatory and operating environment through a consultative inclusive arrangement.”;\n\n(b) The following Recitals are added:\n\n“G Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement, entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory, and requiring Australia and New Zealand to pursue a Road Vehicle Cooperation Programme to develop a body of internationally harmonised standards to form the basis for Trans‑Tasman road vehicle standards and to develop consistent conformance assessment and certification requirements, provides that road vehicles certified as meeting Trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand.\n\nH Pending implementation of clause 8(1), the Parties wish to progressively apply the substance of the Commonwealth Light Vehicle Transport Legislation as enacted from time to time.\n\nI The Parties are to develop and agree on rules which enable the Australian Defence Force to operate in a manner that is consistent , or, where appropriate, at variance, with the Light Vehicle Transport Legislation.”;\n\n(c) by inserting into clause 2 the following definitions:\n\n“amended Act” means the National Road Transport Commission Act 1991 as amended from time to time;\n\n“Australian Transport Council” means the Council of Commonwealth, New Zealand, State, Northern Territory of Australia and Australian Capital Territory Ministers established by Ministerial Agreement on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists, when dealing with matters with which this Agreement is concerned, of only one Minister in relation to each member of that Council;\n\n“COAG” means the Council of Australian Governments;\n\n“First Light Vehicles Amending Agreement” means the Agreement of that name entered into by the Commonwealth, the States, the Australian Capital Territory and the Northern Territory;\n\n“New Zealand Minister” means the Minister in the New Zealand Government responsible for TTMRA road vehicle standards;\n\n“the TTMRA road vehicle standards” means a Trans‑Tasman road vehicle standard, as it relates to Light Vehicles, referred to in Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory;\n\n(d) by amending the definition in clause 2 of “Voting Member” by inserting the words “in relation to TTMRA road vehicle standards” after the word “means” and adding the words “but otherwise not including New Zealand” to the end of that definition;\n\n(e) by deleting sub‑clause 7(4);\n\n(f) by inserting as the initial words of clause 8(1) the words “Subject to clauses 8A, 8B and 8C”;\n\n(g) by inserting the following clauses 8A, 8B and 8C:\n\n“8A. Prior to a decision by Heads of Government under clause 8B, each Party, other than the Commonwealth and the Australian Capital Territory, shall progressively apply the substance of the Commonwealth Light Vehicle Transport Legislation as enacted or made from time to time so as to provide a uniform or consistent national operating environment for road transport.\n\n8B. No later than three years after the execution of the First Heavy Vehicles Amending Agreement or such later time as agreed by the Australian Transport Council, the Australian Transport Council will consider and recommend to Heads of Government the preferred means of achieving a nationally uniform or consistent integrated road transport law and Heads of Government shall make their decision by unanimous vote, on the recommendation and any consequential amendments to this Agreement.\n\n8C. Notwithstanding anything to the contrary in clause 8, uniform road transport legislation, as defined in section 41G of the amended Act, is not to apply to persons to the extent that they are exempted from that legislation under sections 41B, 41C or 41D of the amended Act.”\n\n(h) by inserting a new Part IVA as follows:\n\n“PART IVA ‑ MINISTERIAL COUNCIL\n\n8D. On and from the date on which the First Light Vehicles Amending Agreement comes into force:\n\n(a) the Australian Transport Council is to be, and to exercise the functions and powers of, the Ministerial Council for Road Transport which until then had been exercised by the Ministerial Council for Road Transport; and\n\n(b) references in the Light Vehicles Agreement to the expressions “Ministerial Council” or “Ministerial Council established under the Heavy Vehicles Agreement” are to be read as references to the Australian Transport Council; and\n\n(c) that Council is also to consist, in relation to a matter concerning TTMRA road vehicle standards, of the New Zealand Minister.”;\n\n(i) by inserting the following words after the word “Legislation” in paragraph 9(a):\n\n“, and the TTMRA road vehicle standards,”;\n\n(j) by inserting after paragraph 9(a) the following paragraph:\n\n“(aa) recommend to COAG that it agree a TTMRA road vehicle standard;”\n\nand adding to paragraph 9(f) the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A”;\n\n(k) by adding to clause 10 the following sub‑clause:\n\n“(4) Notwithstanding anything to the contrary in this clause, where any meeting is to consider a matter concerning TTMRA road vehicle standards, notice of that meeting such as would be valid under sub‑clause 10(2) is to be given, and if the making of a recommendation to COAG on existing or proposed TTMRA road vehicle standards is to be considered, no vote on that recommendation is to occur unless such notice has been given.”;\n\n(l) by deleting clause 13 and inserting the following clause in its place:\n\n“13. The Ministerial Council will carry a resolution by a simple majority of Voting Members in favour of a resolution except in relation to a matter referred to in:\n\n(a) paragraphs 6(2)(b) and 7(2)(b) and clause 23 where the vote of all Voting Members in favour of the resolution shall cause the resolution to be carried; and\n\n(b) a matter referred to in paragraph 9(aa), where a recommendation shall be considered carried unless it is disapproved within two months, or such lesser period as may be agreed unanimously by the Australian Transport Council, of its being submitted by the National Commission by a vote of a third or more of the Voting Members.”;\n\n(m) by inserting the following words after the word “Association” in sub‑clause 15(1):\n\n“and also, on and after the date on which the First Light Vehicle Amending Agreement comes into force, the Government of Papua New Guinea”;\n\n(n) by inserting the word “each” before the word “be” where it first occurs in sub‑clause 15(1);\n\n(o) by deleting the word “the” where it first appears in sub‑clause 15(2) and inserting in its place the word “either”;\n\n(p) by inserting the words “or only one person” after the word “person” in paragraph 15(3)(a);\n\n(q) by deleting the words “the person” and inserting the words “ any person” in paragraph 15(3)(b);\n\n(r) by inserting in sub‑clause 17(1) immediately after the word “Legislation” where it first appears the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A” and also before the words “and the recommending” in that sub‑clause:\n\n“and facilitating the implementation of road transport reforms approved by the Australian Transport Council.”;\n\n(s) by inserting the following paragraphs after paragraph (a) of sub‑clause 17(1) the following:\n\n“(aa) amendments of the Light Vehicle Transport Legislation;\n\n(ab) road transport reforms;\n\n(ac) recommendations to COAG on TTMRA road vehicle standards;”;\n\n(t) by deleting paragraph 17(1)(c);\n\n(u) by inserting in sub‑clause 17(3) in place of the words “is to develop” the following words:\n\n“, known since the National Environment Protection Council Act 1994 came into force as the National Environment Protection Council, is to develop”;\n\n(v) by inserting sub‑clause 17(9) as follows:\n\n“(9) The National Commission is to undertake in relation to Light Vehicles the activities for which section 41A of the amended Act provides.”;\n\n(w) by inserting in clause 19 after “Legislation” the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A”;\n\n(x) Sub‑clause 29(1) is amended by:\n\n(a) deleting the words “Six months” and inserting the words “Twelve months”;\n\n(b) deleting the words “and the Commonwealth Light Vehicle Transport Legislation”;\n\n(c) deleting the words “National Commission” and inserting the words “Australian Transport Council”;\n\n(d) deleting the words “such legislation” and inserting the words “the amended Act and the Commonwealth Light Vehicle Transport Legislation”;\n\n(e) deleting the words “the legislation” and inserting the words “the amended Act”; and\n\n(f) adding the words “and whether the Commonwealth Light Vehicle Transport Legislation should be amended”;\n\n(y) by deleting from sub‑clause 29(3) the word “NRTC” and inserting the word “amended”.\n\n3. The Principal Agreement is, save as amended above, confirmed in all other respects.\n\n  \nIN WITNESS WHEREOF this First Light Vehicles Amending Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written.\n\nSIGNED by the\n\nPrime Minister of the )\n\nCommonwealth of Australia, )\n\nin the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the )\n\nState of New South Wales, in the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the )\n\nState of Victoria, in the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the )\n\nState of Queensland, in the presence of: )\n\n)\n\nSIGNED by the\n\nPremier of the )\n\nState of Western Australia, in the presence )\n\nof: )\n\nSIGNED by the\n\nPremier of the )\n\nState of South Australia, in the )\n\npresence of: )\n\nSIGNED by the\n\nPremier of the )\n\nState of Tasmania, in the presence of: )\n\n)\n\nSIGNED by the\n\nChief Minister of the )\n\nNorthern Territory, in the presence of: )\n\n)\n\nSIGNED by the\n\nChief Minister )\n\nof the Australian Capital )\n\nTerritory, in the presence of: )\n\n)","sortOrder":72}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1809},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1991 scope. Initially limited to heavy vehicles (over 4.5 tonnes), it now covers light vehicles through the Light Vehicles Agreement (Schedule 2). It has also grown to include Trans-Tasman mutual recognition arrangements with New Zealand (allowing NZ representation on the Commission), strategic planning requirements (Part 6A), and extensive defence force exemptions from road transport laws (Part 6B). The original 6-year sunset clause was extended to 12 years, and the Commission's functions now include environmental consultation and international harmonisation."},"complexity_factors":["20+ defined terms in the interpretation section, including complex nested definitions of 'Heavy Vehicles Agreement', 'Light Vehicles Agreement', and 'TTMRA road vehicle standard'","Conditional voting rights: the New Zealand member can only vote on matters relating to Trans-Tasman road vehicle standards, requiring special quorum calculations","Meeting procedures vary by subject matter — quorum rules change depending on whether the matter involves TTMRA standards or general business","Multiple cross-references to schedules containing intergovernmental agreements that modify the Act's operation","Conditional appointment processes for the New Zealand member requiring declarations, requests, and undertakings about payment","Defence exemption provisions (Part 6B) contain nested conditions requiring ministerial satisfaction tests for security, domestic violence protection, or emergencies","Financial delegations require Australian Transport Council consent via resolutions carried under the Heavy Vehicles Agreement","Complex succession of amendments: Original 1991 Heavy Vehicles Agreement modified by 1992 Light Vehicles Agreement and subsequent amending agreements"],"plain_english_summary":"**What this Act does**\n\nThis legislation establishes the **National Road Transport Commission (NRTC)** — a national body that coordinates road transport rules across Australia. It creates a system where the Commonwealth, States, Territories and New Zealand work together to write and administer uniform road transport laws.\n\n**Key components:**\n\n*   **The Commission**: A corporate body with 5 part-time members plus a Chief Executive Officer, appointed by the Governor-General on the nomination of the Australian Transport Council.\n*   **The Australian Transport Council**: A council of Ministers from the Commonwealth, all States, the Northern Territory, Australian Capital Territory, and New Zealand who set policy and approve the Commission's work.\n*   **Uniform Laws**: The Commission develops model road transport legislation (covering heavy vehicles, light vehicles, dangerous goods, registration, and vehicle standards) that States and Territories automatically adopt, ensuring consistent rules across borders.\n*   **Trans-Tasman Recognition**: Special provisions allow New Zealand to appoint a representative to the Commission and participate in developing harmonised vehicle standards (TTMRA standards) so vehicles can be traded freely between Australia and New Zealand.\n*   **Defence Exemptions**: The Minister can exempt the Australian Defence Force (and foreign armed forces under certain conditions) from road transport laws for security, emergency, or international relations purposes.\n*   **Funding**: The Commission is funded by appropriations from the Commonwealth Parliament plus payments from States, Territories, and optionally New Zealand.\n\n**Who it affects**\n\n*   Road transport operators (trucking companies, bus operators)\n*   Vehicle manufacturers and importers\n*   State and Territory road authorities\n*   The Australian Defence Force\n*   New Zealand transport authorities\n\n**Why it matters**\n\nBefore this Act, each state had different road rules, creating a compliance nightmare for interstate transport. This legislation fixes that by creating a single national system (or \"cooperative scheme\") where laws are made once and applied everywhere, improving safety, reducing red tape, and facilitating international trade with New Zealand."}},"importantCases":[],"_links":{"self":"/api/acts/national-road-transport-commission-act-1991","history":"/api/acts/national-road-transport-commission-act-1991/history","analysis":"/api/acts/national-road-transport-commission-act-1991/analysis","conflicts":"/api/acts/national-road-transport-commission-act-1991/conflicts","importantCases":"/api/acts/national-road-transport-commission-act-1991/important-cases","documents":"/api/acts/national-road-transport-commission-act-1991/documents"}}