{"id":"C2004A01166","name":"National Transport Commission Act 2003","slug":"national-transport-commission-act-2003","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"81 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24993,"registerId":"commonwealth-C2004A01166-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","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","content":"#### 1 Short title\n\n This Act may be cited as the National Transport Commission Act 2003.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

6 September 2003

2. Sections 3 to 52

A single day to be fixed by Proclamation, subject to subsection (3)

15 January 2004 (s 2(1); Gazette 2003, GN47)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purpose of Act","content":"#### 3 Purpose of Act\n\n The purpose of this Act is to:\n (a) establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and\n (b) provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:\n (i) model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and\n (ii) road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Agreement means the Agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory entered into in relation to this Act, and includes that Agreement as amended from time to time.\n\n> Chair means the Chair of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Transport Commission established by section 5.\n\n> Deputy Chair means the Deputy Chair of the Commission.\n\n> intermodal transport means the interaction of operations between transport modes.\n\n> member means a member of the Commission.\n\n> member of staff means:\n\n (a) the Chief Executive Officer; or\n (b) a person employed under section 44; or\n (c) a member of the staff referred to in section 45; or\n (d) any of the officers, employees and persons who, under section 46, are to assist the Commission.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.\n\n> model legislation means legislation, regulations and other legislative instruments developed by the Commission in accordance with the Agreement.\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> road transport legislation means legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by the National Road Transport Commission established by section 4 of the National Road Transport Commission Act 1991 and agreed by the Ministerial Council.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment, functions and powers of Commission","content":"## Part 2—Establishment, functions and powers of Commission","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of National Transport Commission","content":"#### 5 Establishment of National Transport Commission\n\n (1) A National 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\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\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":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions and powers of Commission","content":"#### 6 Functions and powers of Commission\n\n (1) The Commission has the following functions and powers:\n (a) the functions and powers that the 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) such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;\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 conferred on it by or under another law of the Commonwealth.\n (2) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n (3) The Commission:\n (a) is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and\n (b) in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and\n (c) is to comply in all respects with the provisions of the Agreement that are applicable to it.\n (4) Paragraph (3)(b) does not limit the matters to which the Commission may have regard.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Regulations setting out model legislation and road transport legislation","content":"#### 7 Regulations setting out model legislation and road transport legislation\n\n (1) The regulations may set out model legislation and road transport legislation.\n (2) Any model legislation or road transport legislation set out in regulations made for the purposes of this section:\n (a) does not have the force of law; and\n (b) may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.\n (3) Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Reports and advice to be provided to the Ministerial Council","content":"#### 8 Reports and advice to be provided to the Ministerial Council\n\n (1) The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.\n (2) The Ministerial Council may direct the Commission to provide advice about any matter relating to:\n (a) the functions or powers of the Commission; or\n (b) the functions or powers of the Ministerial Council as they relate to the Commission.\n (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Consultation","content":"#### 9 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, the rail industry and the related logistics industry; and\n (c) representatives of people who live in regional or remote areas of Australia; and\n (d) other interested people, bodies and organisations.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Noise and emission standards—consultation with the National Environment Protection Council","content":"#### 10 Noise and emission standards—consultation with the National Environment Protection Council\n\n If the Commission is involved in the development of a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, the standard may only be developed in conjunction with the National Environment Protection Council.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Constitution of Commission","content":"An Act to establish the National Transport Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Transport Commission Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

6 September 2003

2. Sections 3 to 52

A single day to be fixed by Proclamation, subject to subsection (3)

15 January 2004 (s 2(1); Gazette 2003, GN47)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Purpose of Act\n\n The purpose of this Act is to:\n (a) establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and\n (b) provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:\n (i) model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and\n (ii) road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.\n\n#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Agreement means the Agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory entered into in relation to this Act, and includes that Agreement as amended from time to time.\n\n> Chair means the Chair of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Transport Commission established by section 5.\n\n> Deputy Chair means the Deputy Chair of the Commission.\n\n> intermodal transport means the interaction of operations between transport modes.\n\n> member means a member of the Commission.\n\n> member of staff means:\n\n (a) the Chief Executive Officer; or\n (b) a person employed under section 44; or\n (c) a member of the staff referred to in section 45; or\n (d) any of the officers, employees and persons who, under section 46, are to assist the Commission.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.\n\n> model legislation means legislation, regulations and other legislative instruments developed by the Commission in accordance with the Agreement.\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> road transport legislation means legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by the National Road Transport Commission established by section 4 of the National Road Transport Commission Act 1991 and agreed by the Ministerial Council.\n\n## Part 2—Establishment, functions and powers of Commission\n\n#### 5 Establishment of National Transport Commission\n\n (1) A National 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\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\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#### 6 Functions and powers of Commission\n\n (1) The Commission has the following functions and powers:\n (a) the functions and powers that the 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) such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;\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 conferred on it by or under another law of the Commonwealth.\n (2) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n (3) The Commission:\n (a) is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and\n (b) in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and\n (c) is to comply in all respects with the provisions of the Agreement that are applicable to it.\n (4) Paragraph (3)(b) does not limit the matters to which the Commission may have regard.\n\n#### 7 Regulations setting out model legislation and road transport legislation\n\n (1) The regulations may set out model legislation and road transport legislation.\n (2) Any model legislation or road transport legislation set out in regulations made for the purposes of this section:\n (a) does not have the force of law; and\n (b) may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.\n (3) Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.\n\n#### 8 Reports and advice to be provided to the Ministerial Council\n\n (1) The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.\n (2) The Ministerial Council may direct the Commission to provide advice about any matter relating to:\n (a) the functions or powers of the Commission; or\n (b) the functions or powers of the Ministerial Council as they relate to the Commission.\n (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 9 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, the rail industry and the related logistics industry; and\n (c) representatives of people who live in regional or remote areas of Australia; and\n (d) other interested people, bodies and organisations.\n\n#### 10 Noise and emission standards—consultation with the National Environment Protection Council\n\n If the Commission is involved in the development of a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, the standard may only be developed in conjunction with the National Environment Protection Council.\n\n## Part 3—Constitution of Commission\n\n### Division 1—General membership provisions\n\n#### 11 Membership of Commission\n\n (1) The Commission consists of the following members:\n (a) the Chief Executive Officer;\n (b) 5 ordinary members.\n (2) The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.\n\n#### 12 Appointment of ordinary members\n\n (1) Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.\n (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 13 Chair and Deputy Chair of Commission\n\n (1) The Minister is to appoint, on the nomination of the Ministerial Council, a Chair and a Deputy Chair of the Commission from among the ordinary members in accordance with the Agreement. An appointment is to be by instrument in writing.\n (2) A nomination of an ordinary member for appointment as the Chair or Deputy Chair is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The ordinary member who is the Chair or Deputy Chair ceases to be the Chair, or the Deputy Chair, as the case may be, if he or she ceases to be an ordinary member.\n\n### Division 2—Provisions relating to members\n\n#### 14 Ordinary members hold office on part‑time basis\n\n Ordinary members hold office on a part‑time basis.\n\n#### 15 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#### 16 Remuneration and allowances of ordinary members\n\n (1) 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) An ordinary member is to be paid such allowances as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (3) A determination by the Ministerial Council under subsection (1) or (2) must be made in writing.\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#### 17 Ordinary members may receive other benefits\n\n (1) In addition to remuneration and allowances under section 16, an ordinary member is to be provided with such other benefits (if any) as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) A determination under subsection (1) must be made in writing.\n (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable:\n (a) to assist an ordinary member in; or\n (b) place the ordinary member in a position that may facilitate;\n 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#### 18 Resignation\n\n An ordinary member may resign in writing signed by the member and delivered to the Minister.\n\n#### 19 Termination of appointment\n\n (1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n (2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.\n\n> Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (3) The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Ministerial Council, carried in accordance with the Agreement.\n Termination under Public Governance, Performance and Accountability Act 2013\n (4) Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.\n\n#### 20 Leave of absence\n\n The Ministerial Council may, by resolution carried in accordance with the Agreement, grant an ordinary member leave of absence from a meeting of the Commission.\n\n#### 21 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n\n#### 22 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may, on the nomination of the Ministerial Council, 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\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) An appointment under subsection (2), (3) or (4) is to be in writing.\n (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n\n## Part 4—Operations of Commission\n\n### Division 1—Corporate plans\n\n#### 23 Draft corporate plan\n\n (1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013, the members must prepare a draft corporate plan and give it to the Ministerial Council.\n (2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.\n (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.\n\n#### 25 Approval of draft corporate plan\n\n (1) If the draft corporate plan is given to the Ministerial Council, the Council must:\n (a) approve the draft corporate plan; or\n (b) refuse to approve the draft corporate plan.\n (2) If the Ministerial Council refuses to approve the draft corporate plan, the Council must direct the members to:\n (a) make such alterations to the draft corporate plan as are specified in the direction; and\n (b) give the altered draft corporate plan to the Council within the period specified in the direction.\n (3) The members must comply with a direction under subsection (2).\n (4) If:\n (a) the altered draft corporate plan is given to the Ministerial Council; and\n (b) the alterations are in accordance with a direction under subsection (2);\n the Council must approve the altered draft corporate plan.\n (5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Ministerial Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (7) An approval or direction under this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n### Division 2—Meetings and committees\n\n#### 26 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 Chair:\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 in writing signed by at least 2 other ordinary members.\n\n#### 27 Procedure at meetings\n\n (1) The Chair is to preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair is to preside.\n (3) If the Chair and the Deputy Chair are not present at a meeting, the Chair may nominate an ordinary member to preside.\n (4) If:\n (a) the Chair and the Deputy Chair are not present at a meeting; and\n (b) the Chair does not nominate an ordinary member to preside;\n the Deputy Chair may nominate an ordinary member to preside.\n (5) Subject to this Division, the Commission:\n (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and\n (b) is to keep minutes of those meetings.\n\n#### 28 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 ordinary 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 ordinary 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#### 29 Quorum\n\n At a meeting, 3 ordinary members constitute a quorum.\n\n#### 30 Voting at meetings\n\n At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n\n#### 32 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## Part 5—Finance\n\n#### 33 Payments to Commission by Commonwealth\n\n (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n (2) The Finance Minister 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 (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Payments to Commission by States or Territories\n\n The Commission may receive money paid to it by a State or Territory.\n\n#### 35 Money of Commission\n\n The money of the Commission consists of:\n (a) money paid to the Commission under section 33; and\n (b) money received by the Commission under section 34; and\n (c) any other money paid to the Commission.\n\n#### 36 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#### 37 Estimates\n\n (1) If the Ministerial Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.\n\n> Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013.\n\n (2) The Commission must submit estimates so prepared to the Ministerial Council not later than such date as the Ministerial Council directs.\n (3) Except with the consent of the Ministerial Council, the money of the Commission must not be spent otherwise than in accordance with:\n (a) the applicable corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013; and\n (b) any applicable work program provided for in the Agreement.\n (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 38 Annual report\n\n (1) The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also contain any other information required by the Agreement to be included in the report.\n (2) A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.\n\n## Part 6—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 39 Chief Executive Officer\n\n (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed for a period specified in the instrument of appointment by the Chair.\n (2) The Chair is to make the appointment on the recommendation of the Commission. However, the Chief Executive Officer is not to participate in the making of the recommendation by the Commission.\n (3) 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 (4) 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#### 40 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 under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the 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#### 41 Chief Executive Officer may receive other benefits\n\n (1) In addition to remuneration and allowances payable under section 40, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n (2) A determination under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits as the Commission considers are necessary or desirable:\n (a) to assist the Chief Executive Officer in; or\n (b) to place the Chief Executive Officer in a position that may facilitate;\n 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#### 42 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#### 43 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### Division 2—Staff and consultants\n\n#### 44 Non‑Public Service staff\n\n (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#### 45 Public Service staff of Commission\n\n (1) In addition to the staff referred to in subsection 44(1), the Commission’s staff may 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#### 46 Staff seconded to the Commission\n\n (1) The Commission may 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 of its functions or the exercise of its 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 of its functions or the exercise of its powers.\n\n#### 47 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## Part 7—Miscellaneous\n\n#### 48 Delegation by Commission\n\n (1) Subject to subsection (2), the Commission may, by resolution in writing, delegate all or any of its functions and powers to a person who is:\n (a) a member; or\n (b) a member of staff; 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 member of staff, unless the Ministerial Council has consented to the delegation, by resolution carried in accordance with the Agreement.\n\n#### 49 Delegation by Ministerial Council\n\n (1) The Ministerial Council may delegate to a member of the Ministerial Council all or any of the Ministerial Council’s functions and powers under this Act.\n (2) A delegation is to be made by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) A delegation may be varied or revoked by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (4) If the Ministerial 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#### 50 Acts done by Ministerial Council etc.\n\n (1) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and\n (b) states that the Ministerial Council or the former 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 Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.\n (2) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council; and\n (b) states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the 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 Ministerial 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 Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (5) A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (6) In this section:\n\n> former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).\n\n#### 51 Review of operation of Act and Agreement\n\n (1) The Ministerial Council must:\n (a) no later than the sixth anniversary of the commencement of this Act; and\n (b) no later than the end of each succeeding period of 6 years after that anniversary;\n review the operation of this Act and the Agreement, and on each occasion give a written report of the review to the Prime Minister, the Premier of each State, the Chief Minister for the Australian Capital Territory and the Chief Minister of the Northern Territory.\n (2) The report of each review must include:\n (a) a recommendation as to whether the National Transport Commission should continue; and\n (b) a recommendation as to whether this Act should be repealed or amended; and\n (c) the reasons for the recommendations.\n\n#### 52 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":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"General membership provisions","content":"An Act to establish the National Transport Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Transport Commission Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

6 September 2003

2. Sections 3 to 52

A single day to be fixed by Proclamation, subject to subsection (3)

15 January 2004 (s 2(1); Gazette 2003, GN47)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Purpose of Act\n\n The purpose of this Act is to:\n (a) establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and\n (b) provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:\n (i) model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and\n (ii) road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.\n\n#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Agreement means the Agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory entered into in relation to this Act, and includes that Agreement as amended from time to time.\n\n> Chair means the Chair of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Transport Commission established by section 5.\n\n> Deputy Chair means the Deputy Chair of the Commission.\n\n> intermodal transport means the interaction of operations between transport modes.\n\n> member means a member of the Commission.\n\n> member of staff means:\n\n (a) the Chief Executive Officer; or\n (b) a person employed under section 44; or\n (c) a member of the staff referred to in section 45; or\n (d) any of the officers, employees and persons who, under section 46, are to assist the Commission.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.\n\n> model legislation means legislation, regulations and other legislative instruments developed by the Commission in accordance with the Agreement.\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> road transport legislation means legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by the National Road Transport Commission established by section 4 of the National Road Transport Commission Act 1991 and agreed by the Ministerial Council.\n\n## Part 2—Establishment, functions and powers of Commission\n\n#### 5 Establishment of National Transport Commission\n\n (1) A National 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\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\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#### 6 Functions and powers of Commission\n\n (1) The Commission has the following functions and powers:\n (a) the functions and powers that the 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) such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;\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 conferred on it by or under another law of the Commonwealth.\n (2) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n (3) The Commission:\n (a) is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and\n (b) in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and\n (c) is to comply in all respects with the provisions of the Agreement that are applicable to it.\n (4) Paragraph (3)(b) does not limit the matters to which the Commission may have regard.\n\n#### 7 Regulations setting out model legislation and road transport legislation\n\n (1) The regulations may set out model legislation and road transport legislation.\n (2) Any model legislation or road transport legislation set out in regulations made for the purposes of this section:\n (a) does not have the force of law; and\n (b) may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.\n (3) Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.\n\n#### 8 Reports and advice to be provided to the Ministerial Council\n\n (1) The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.\n (2) The Ministerial Council may direct the Commission to provide advice about any matter relating to:\n (a) the functions or powers of the Commission; or\n (b) the functions or powers of the Ministerial Council as they relate to the Commission.\n (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 9 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, the rail industry and the related logistics industry; and\n (c) representatives of people who live in regional or remote areas of Australia; and\n (d) other interested people, bodies and organisations.\n\n#### 10 Noise and emission standards—consultation with the National Environment Protection Council\n\n If the Commission is involved in the development of a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, the standard may only be developed in conjunction with the National Environment Protection Council.\n\n## Part 3—Constitution of Commission\n\n### Division 1—General membership provisions\n\n#### 11 Membership of Commission\n\n (1) The Commission consists of the following members:\n (a) the Chief Executive Officer;\n (b) 5 ordinary members.\n (2) The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.\n\n#### 12 Appointment of ordinary members\n\n (1) Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.\n (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 13 Chair and Deputy Chair of Commission\n\n (1) The Minister is to appoint, on the nomination of the Ministerial Council, a Chair and a Deputy Chair of the Commission from among the ordinary members in accordance with the Agreement. An appointment is to be by instrument in writing.\n (2) A nomination of an ordinary member for appointment as the Chair or Deputy Chair is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The ordinary member who is the Chair or Deputy Chair ceases to be the Chair, or the Deputy Chair, as the case may be, if he or she ceases to be an ordinary member.\n\n### Division 2—Provisions relating to members\n\n#### 14 Ordinary members hold office on part‑time basis\n\n Ordinary members hold office on a part‑time basis.\n\n#### 15 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#### 16 Remuneration and allowances of ordinary members\n\n (1) 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) An ordinary member is to be paid such allowances as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (3) A determination by the Ministerial Council under subsection (1) or (2) must be made in writing.\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#### 17 Ordinary members may receive other benefits\n\n (1) In addition to remuneration and allowances under section 16, an ordinary member is to be provided with such other benefits (if any) as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) A determination under subsection (1) must be made in writing.\n (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable:\n (a) to assist an ordinary member in; or\n (b) place the ordinary member in a position that may facilitate;\n 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#### 18 Resignation\n\n An ordinary member may resign in writing signed by the member and delivered to the Minister.\n\n#### 19 Termination of appointment\n\n (1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n (2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.\n\n> Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (3) The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Ministerial Council, carried in accordance with the Agreement.\n Termination under Public Governance, Performance and Accountability Act 2013\n (4) Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.\n\n#### 20 Leave of absence\n\n The Ministerial Council may, by resolution carried in accordance with the Agreement, grant an ordinary member leave of absence from a meeting of the Commission.\n\n#### 21 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n\n#### 22 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may, on the nomination of the Ministerial Council, 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\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) An appointment under subsection (2), (3) or (4) is to be in writing.\n (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n\n## Part 4—Operations of Commission\n\n### Division 1—Corporate plans\n\n#### 23 Draft corporate plan\n\n (1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013, the members must prepare a draft corporate plan and give it to the Ministerial Council.\n (2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.\n (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.\n\n#### 25 Approval of draft corporate plan\n\n (1) If the draft corporate plan is given to the Ministerial Council, the Council must:\n (a) approve the draft corporate plan; or\n (b) refuse to approve the draft corporate plan.\n (2) If the Ministerial Council refuses to approve the draft corporate plan, the Council must direct the members to:\n (a) make such alterations to the draft corporate plan as are specified in the direction; and\n (b) give the altered draft corporate plan to the Council within the period specified in the direction.\n (3) The members must comply with a direction under subsection (2).\n (4) If:\n (a) the altered draft corporate plan is given to the Ministerial Council; and\n (b) the alterations are in accordance with a direction under subsection (2);\n the Council must approve the altered draft corporate plan.\n (5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Ministerial Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (7) An approval or direction under this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n### Division 2—Meetings and committees\n\n#### 26 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 Chair:\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 in writing signed by at least 2 other ordinary members.\n\n#### 27 Procedure at meetings\n\n (1) The Chair is to preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair is to preside.\n (3) If the Chair and the Deputy Chair are not present at a meeting, the Chair may nominate an ordinary member to preside.\n (4) If:\n (a) the Chair and the Deputy Chair are not present at a meeting; and\n (b) the Chair does not nominate an ordinary member to preside;\n the Deputy Chair may nominate an ordinary member to preside.\n (5) Subject to this Division, the Commission:\n (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and\n (b) is to keep minutes of those meetings.\n\n#### 28 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 ordinary 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 ordinary 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#### 29 Quorum\n\n At a meeting, 3 ordinary members constitute a quorum.\n\n#### 30 Voting at meetings\n\n At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n\n#### 32 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## Part 5—Finance\n\n#### 33 Payments to Commission by Commonwealth\n\n (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n (2) The Finance Minister 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 (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Payments to Commission by States or Territories\n\n The Commission may receive money paid to it by a State or Territory.\n\n#### 35 Money of Commission\n\n The money of the Commission consists of:\n (a) money paid to the Commission under section 33; and\n (b) money received by the Commission under section 34; and\n (c) any other money paid to the Commission.\n\n#### 36 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#### 37 Estimates\n\n (1) If the Ministerial Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.\n\n> Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013.\n\n (2) The Commission must submit estimates so prepared to the Ministerial Council not later than such date as the Ministerial Council directs.\n (3) Except with the consent of the Ministerial Council, the money of the Commission must not be spent otherwise than in accordance with:\n (a) the applicable corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013; and\n (b) any applicable work program provided for in the Agreement.\n (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 38 Annual report\n\n (1) The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also contain any other information required by the Agreement to be included in the report.\n (2) A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.\n\n## Part 6—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 39 Chief Executive Officer\n\n (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed for a period specified in the instrument of appointment by the Chair.\n (2) The Chair is to make the appointment on the recommendation of the Commission. However, the Chief Executive Officer is not to participate in the making of the recommendation by the Commission.\n (3) 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 (4) 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#### 40 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 under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the 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#### 41 Chief Executive Officer may receive other benefits\n\n (1) In addition to remuneration and allowances payable under section 40, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n (2) A determination under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits as the Commission considers are necessary or desirable:\n (a) to assist the Chief Executive Officer in; or\n (b) to place the Chief Executive Officer in a position that may facilitate;\n 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#### 42 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#### 43 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### Division 2—Staff and consultants\n\n#### 44 Non‑Public Service staff\n\n (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#### 45 Public Service staff of Commission\n\n (1) In addition to the staff referred to in subsection 44(1), the Commission’s staff may 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#### 46 Staff seconded to the Commission\n\n (1) The Commission may 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 of its functions or the exercise of its 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 of its functions or the exercise of its powers.\n\n#### 47 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## Part 7—Miscellaneous\n\n#### 48 Delegation by Commission\n\n (1) Subject to subsection (2), the Commission may, by resolution in writing, delegate all or any of its functions and powers to a person who is:\n (a) a member; or\n (b) a member of staff; 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 member of staff, unless the Ministerial Council has consented to the delegation, by resolution carried in accordance with the Agreement.\n\n#### 49 Delegation by Ministerial Council\n\n (1) The Ministerial Council may delegate to a member of the Ministerial Council all or any of the Ministerial Council’s functions and powers under this Act.\n (2) A delegation is to be made by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) A delegation may be varied or revoked by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (4) If the Ministerial 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#### 50 Acts done by Ministerial Council etc.\n\n (1) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and\n (b) states that the Ministerial Council or the former 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 Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.\n (2) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council; and\n (b) states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the 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 Ministerial 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 Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (5) A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (6) In this section:\n\n> former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).\n\n#### 51 Review of operation of Act and Agreement\n\n (1) The Ministerial Council must:\n (a) no later than the sixth anniversary of the commencement of this Act; and\n (b) no later than the end of each succeeding period of 6 years after that anniversary;\n review the operation of this Act and the Agreement, and on each occasion give a written report of the review to the Prime Minister, the Premier of each State, the Chief Minister for the Australian Capital Territory and the Chief Minister of the Northern Territory.\n (2) The report of each review must include:\n (a) a recommendation as to whether the National Transport Commission should continue; and\n (b) a recommendation as to whether this Act should be repealed or amended; and\n (c) the reasons for the recommendations.\n\n#### 52 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":13},{"sectionNumber":"11","sectionType":"section","heading":"Membership of Commission","content":"#### 11 Membership of Commission\n\n (1) The Commission consists of the following members:\n (a) the Chief Executive Officer;\n (b) 5 ordinary members.\n (2) The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Appointment of ordinary members","content":"#### 12 Appointment of ordinary members\n\n (1) Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.\n (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Chair and Deputy Chair of Commission","content":"#### 13 Chair and Deputy Chair of Commission\n\n (1) The Minister is to appoint, on the nomination of the Ministerial Council, a Chair and a Deputy Chair of the Commission from among the ordinary members in accordance with the Agreement. An appointment is to be by instrument in writing.\n (2) A nomination of an ordinary member for appointment as the Chair or Deputy Chair is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The ordinary member who is the Chair or Deputy Chair ceases to be the Chair, or the Deputy Chair, as the case may be, if he or she ceases to be an ordinary member.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provisions relating to members","content":"An Act to establish the National Transport Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Transport Commission Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

6 September 2003

2. Sections 3 to 52

A single day to be fixed by Proclamation, subject to subsection (3)

15 January 2004 (s 2(1); Gazette 2003, GN47)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Purpose of Act\n\n The purpose of this Act is to:\n (a) establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and\n (b) provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:\n (i) model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and\n (ii) road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.\n\n#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Agreement means the Agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory entered into in relation to this Act, and includes that Agreement as amended from time to time.\n\n> Chair means the Chair of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Transport Commission established by section 5.\n\n> Deputy Chair means the Deputy Chair of the Commission.\n\n> intermodal transport means the interaction of operations between transport modes.\n\n> member means a member of the Commission.\n\n> member of staff means:\n\n (a) the Chief Executive Officer; or\n (b) a person employed under section 44; or\n (c) a member of the staff referred to in section 45; or\n (d) any of the officers, employees and persons who, under section 46, are to assist the Commission.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.\n\n> model legislation means legislation, regulations and other legislative instruments developed by the Commission in accordance with the Agreement.\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> road transport legislation means legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by the National Road Transport Commission established by section 4 of the National Road Transport Commission Act 1991 and agreed by the Ministerial Council.\n\n## Part 2—Establishment, functions and powers of Commission\n\n#### 5 Establishment of National Transport Commission\n\n (1) A National 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\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\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#### 6 Functions and powers of Commission\n\n (1) The Commission has the following functions and powers:\n (a) the functions and powers that the 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) such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;\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 conferred on it by or under another law of the Commonwealth.\n (2) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n (3) The Commission:\n (a) is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and\n (b) in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and\n (c) is to comply in all respects with the provisions of the Agreement that are applicable to it.\n (4) Paragraph (3)(b) does not limit the matters to which the Commission may have regard.\n\n#### 7 Regulations setting out model legislation and road transport legislation\n\n (1) The regulations may set out model legislation and road transport legislation.\n (2) Any model legislation or road transport legislation set out in regulations made for the purposes of this section:\n (a) does not have the force of law; and\n (b) may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.\n (3) Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.\n\n#### 8 Reports and advice to be provided to the Ministerial Council\n\n (1) The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.\n (2) The Ministerial Council may direct the Commission to provide advice about any matter relating to:\n (a) the functions or powers of the Commission; or\n (b) the functions or powers of the Ministerial Council as they relate to the Commission.\n (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 9 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, the rail industry and the related logistics industry; and\n (c) representatives of people who live in regional or remote areas of Australia; and\n (d) other interested people, bodies and organisations.\n\n#### 10 Noise and emission standards—consultation with the National Environment Protection Council\n\n If the Commission is involved in the development of a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, the standard may only be developed in conjunction with the National Environment Protection Council.\n\n## Part 3—Constitution of Commission\n\n### Division 1—General membership provisions\n\n#### 11 Membership of Commission\n\n (1) The Commission consists of the following members:\n (a) the Chief Executive Officer;\n (b) 5 ordinary members.\n (2) The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.\n\n#### 12 Appointment of ordinary members\n\n (1) Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.\n (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 13 Chair and Deputy Chair of Commission\n\n (1) The Minister is to appoint, on the nomination of the Ministerial Council, a Chair and a Deputy Chair of the Commission from among the ordinary members in accordance with the Agreement. An appointment is to be by instrument in writing.\n (2) A nomination of an ordinary member for appointment as the Chair or Deputy Chair is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The ordinary member who is the Chair or Deputy Chair ceases to be the Chair, or the Deputy Chair, as the case may be, if he or she ceases to be an ordinary member.\n\n### Division 2—Provisions relating to members\n\n#### 14 Ordinary members hold office on part‑time basis\n\n Ordinary members hold office on a part‑time basis.\n\n#### 15 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#### 16 Remuneration and allowances of ordinary members\n\n (1) 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) An ordinary member is to be paid such allowances as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (3) A determination by the Ministerial Council under subsection (1) or (2) must be made in writing.\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#### 17 Ordinary members may receive other benefits\n\n (1) In addition to remuneration and allowances under section 16, an ordinary member is to be provided with such other benefits (if any) as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) A determination under subsection (1) must be made in writing.\n (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable:\n (a) to assist an ordinary member in; or\n (b) place the ordinary member in a position that may facilitate;\n 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#### 18 Resignation\n\n An ordinary member may resign in writing signed by the member and delivered to the Minister.\n\n#### 19 Termination of appointment\n\n (1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n (2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.\n\n> Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (3) The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Ministerial Council, carried in accordance with the Agreement.\n Termination under Public Governance, Performance and Accountability Act 2013\n (4) Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.\n\n#### 20 Leave of absence\n\n The Ministerial Council may, by resolution carried in accordance with the Agreement, grant an ordinary member leave of absence from a meeting of the Commission.\n\n#### 21 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n\n#### 22 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may, on the nomination of the Ministerial Council, 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\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) An appointment under subsection (2), (3) or (4) is to be in writing.\n (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n\n## Part 4—Operations of Commission\n\n### Division 1—Corporate plans\n\n#### 23 Draft corporate plan\n\n (1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013, the members must prepare a draft corporate plan and give it to the Ministerial Council.\n (2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.\n (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.\n\n#### 25 Approval of draft corporate plan\n\n (1) If the draft corporate plan is given to the Ministerial Council, the Council must:\n (a) approve the draft corporate plan; or\n (b) refuse to approve the draft corporate plan.\n (2) If the Ministerial Council refuses to approve the draft corporate plan, the Council must direct the members to:\n (a) make such alterations to the draft corporate plan as are specified in the direction; and\n (b) give the altered draft corporate plan to the Council within the period specified in the direction.\n (3) The members must comply with a direction under subsection (2).\n (4) If:\n (a) the altered draft corporate plan is given to the Ministerial Council; and\n (b) the alterations are in accordance with a direction under subsection (2);\n the Council must approve the altered draft corporate plan.\n (5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Ministerial Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (7) An approval or direction under this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n### Division 2—Meetings and committees\n\n#### 26 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 Chair:\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 in writing signed by at least 2 other ordinary members.\n\n#### 27 Procedure at meetings\n\n (1) The Chair is to preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair is to preside.\n (3) If the Chair and the Deputy Chair are not present at a meeting, the Chair may nominate an ordinary member to preside.\n (4) If:\n (a) the Chair and the Deputy Chair are not present at a meeting; and\n (b) the Chair does not nominate an ordinary member to preside;\n the Deputy Chair may nominate an ordinary member to preside.\n (5) Subject to this Division, the Commission:\n (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and\n (b) is to keep minutes of those meetings.\n\n#### 28 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 ordinary 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 ordinary 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#### 29 Quorum\n\n At a meeting, 3 ordinary members constitute a quorum.\n\n#### 30 Voting at meetings\n\n At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n\n#### 32 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## Part 5—Finance\n\n#### 33 Payments to Commission by Commonwealth\n\n (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n (2) The Finance Minister 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 (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Payments to Commission by States or Territories\n\n The Commission may receive money paid to it by a State or Territory.\n\n#### 35 Money of Commission\n\n The money of the Commission consists of:\n (a) money paid to the Commission under section 33; and\n (b) money received by the Commission under section 34; and\n (c) any other money paid to the Commission.\n\n#### 36 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#### 37 Estimates\n\n (1) If the Ministerial Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.\n\n> Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013.\n\n (2) The Commission must submit estimates so prepared to the Ministerial Council not later than such date as the Ministerial Council directs.\n (3) Except with the consent of the Ministerial Council, the money of the Commission must not be spent otherwise than in accordance with:\n (a) the applicable corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013; and\n (b) any applicable work program provided for in the Agreement.\n (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 38 Annual report\n\n (1) The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also contain any other information required by the Agreement to be included in the report.\n (2) A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.\n\n## Part 6—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 39 Chief Executive Officer\n\n (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed for a period specified in the instrument of appointment by the Chair.\n (2) The Chair is to make the appointment on the recommendation of the Commission. However, the Chief Executive Officer is not to participate in the making of the recommendation by the Commission.\n (3) 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 (4) 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#### 40 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 under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the 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#### 41 Chief Executive Officer may receive other benefits\n\n (1) In addition to remuneration and allowances payable under section 40, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n (2) A determination under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits as the Commission considers are necessary or desirable:\n (a) to assist the Chief Executive Officer in; or\n (b) to place the Chief Executive Officer in a position that may facilitate;\n 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#### 42 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#### 43 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### Division 2—Staff and consultants\n\n#### 44 Non‑Public Service staff\n\n (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#### 45 Public Service staff of Commission\n\n (1) In addition to the staff referred to in subsection 44(1), the Commission’s staff may 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#### 46 Staff seconded to the Commission\n\n (1) The Commission may 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 of its functions or the exercise of its 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 of its functions or the exercise of its powers.\n\n#### 47 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## Part 7—Miscellaneous\n\n#### 48 Delegation by Commission\n\n (1) Subject to subsection (2), the Commission may, by resolution in writing, delegate all or any of its functions and powers to a person who is:\n (a) a member; or\n (b) a member of staff; 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 member of staff, unless the Ministerial Council has consented to the delegation, by resolution carried in accordance with the Agreement.\n\n#### 49 Delegation by Ministerial Council\n\n (1) The Ministerial Council may delegate to a member of the Ministerial Council all or any of the Ministerial Council’s functions and powers under this Act.\n (2) A delegation is to be made by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) A delegation may be varied or revoked by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (4) If the Ministerial 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#### 50 Acts done by Ministerial Council etc.\n\n (1) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and\n (b) states that the Ministerial Council or the former 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 Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.\n (2) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council; and\n (b) states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the 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 Ministerial 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 Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (5) A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (6) In this section:\n\n> former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).\n\n#### 51 Review of operation of Act and Agreement\n\n (1) The Ministerial Council must:\n (a) no later than the sixth anniversary of the commencement of this Act; and\n (b) no later than the end of each succeeding period of 6 years after that anniversary;\n review the operation of this Act and the Agreement, and on each occasion give a written report of the review to the Prime Minister, the Premier of each State, the Chief Minister for the Australian Capital Territory and the Chief Minister of the Northern Territory.\n (2) The report of each review must include:\n (a) a recommendation as to whether the National Transport Commission should continue; and\n (b) a recommendation as to whether this Act should be repealed or amended; and\n (c) the reasons for the recommendations.\n\n#### 52 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":17},{"sectionNumber":"14","sectionType":"section","heading":"Ordinary members hold office on part‑time basis","content":"#### 14 Ordinary members hold office on part‑time basis\n\n Ordinary members hold office on a part‑time basis.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Term of appointment not to exceed 3 years","content":"#### 15 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":"16","sectionType":"section","heading":"Remuneration and allowances of ordinary members","content":"#### 16 Remuneration and allowances of ordinary members\n\n (1) 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) An ordinary member is to be paid such allowances as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (3) A determination by the Ministerial Council under subsection (1) or (2) must be made in writing.\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":"17","sectionType":"section","heading":"Ordinary members may receive other benefits","content":"#### 17 Ordinary members may receive other benefits\n\n (1) In addition to remuneration and allowances under section 16, an ordinary member is to be provided with such other benefits (if any) as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) A determination under subsection (1) must be made in writing.\n (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable:\n (a) to assist an ordinary member in; or\n (b) place the ordinary member in a position that may facilitate;\n 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":"18","sectionType":"section","heading":"Resignation","content":"#### 18 Resignation\n\n An ordinary member may resign in writing signed by the member and delivered to the Minister.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Termination of appointment","content":"#### 19 Termination of appointment\n\n (1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n (2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.\n\n> Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (3) The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Ministerial Council, carried in accordance with the Agreement.\n Termination under Public Governance, Performance and Accountability Act 2013\n (4) Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Leave of absence","content":"#### 20 Leave of absence\n\n The Ministerial Council may, by resolution carried in accordance with the Agreement, grant an ordinary member leave of absence from a meeting of the Commission.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"#### 21 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 resolution of the Ministerial Council, carried in accordance with the Agreement.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Acting appointments","content":"#### 22 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may, on the nomination of the Ministerial Council, 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\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) An appointment under subsection (2), (3) or (4) is to be in writing.\n (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"Operations of Commission","content":"An Act to establish the National Transport Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Transport Commission Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

6 September 2003

2. Sections 3 to 52

A single day to be fixed by Proclamation, subject to subsection (3)

15 January 2004 (s 2(1); Gazette 2003, GN47)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Purpose of Act\n\n The purpose of this Act is to:\n (a) establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and\n (b) provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:\n (i) model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and\n (ii) road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.\n\n#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Agreement means the Agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory entered into in relation to this Act, and includes that Agreement as amended from time to time.\n\n> Chair means the Chair of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Transport Commission established by section 5.\n\n> Deputy Chair means the Deputy Chair of the Commission.\n\n> intermodal transport means the interaction of operations between transport modes.\n\n> member means a member of the Commission.\n\n> member of staff means:\n\n (a) the Chief Executive Officer; or\n (b) a person employed under section 44; or\n (c) a member of the staff referred to in section 45; or\n (d) any of the officers, employees and persons who, under section 46, are to assist the Commission.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.\n\n> model legislation means legislation, regulations and other legislative instruments developed by the Commission in accordance with the Agreement.\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> road transport legislation means legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by the National Road Transport Commission established by section 4 of the National Road Transport Commission Act 1991 and agreed by the Ministerial Council.\n\n## Part 2—Establishment, functions and powers of Commission\n\n#### 5 Establishment of National Transport Commission\n\n (1) A National 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\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\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#### 6 Functions and powers of Commission\n\n (1) The Commission has the following functions and powers:\n (a) the functions and powers that the 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) such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;\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 conferred on it by or under another law of the Commonwealth.\n (2) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n (3) The Commission:\n (a) is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and\n (b) in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and\n (c) is to comply in all respects with the provisions of the Agreement that are applicable to it.\n (4) Paragraph (3)(b) does not limit the matters to which the Commission may have regard.\n\n#### 7 Regulations setting out model legislation and road transport legislation\n\n (1) The regulations may set out model legislation and road transport legislation.\n (2) Any model legislation or road transport legislation set out in regulations made for the purposes of this section:\n (a) does not have the force of law; and\n (b) may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.\n (3) Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.\n\n#### 8 Reports and advice to be provided to the Ministerial Council\n\n (1) The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.\n (2) The Ministerial Council may direct the Commission to provide advice about any matter relating to:\n (a) the functions or powers of the Commission; or\n (b) the functions or powers of the Ministerial Council as they relate to the Commission.\n (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 9 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, the rail industry and the related logistics industry; and\n (c) representatives of people who live in regional or remote areas of Australia; and\n (d) other interested people, bodies and organisations.\n\n#### 10 Noise and emission standards—consultation with the National Environment Protection Council\n\n If the Commission is involved in the development of a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, the standard may only be developed in conjunction with the National Environment Protection Council.\n\n## Part 3—Constitution of Commission\n\n### Division 1—General membership provisions\n\n#### 11 Membership of Commission\n\n (1) The Commission consists of the following members:\n (a) the Chief Executive Officer;\n (b) 5 ordinary members.\n (2) The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.\n\n#### 12 Appointment of ordinary members\n\n (1) Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.\n (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 13 Chair and Deputy Chair of Commission\n\n (1) The Minister is to appoint, on the nomination of the Ministerial Council, a Chair and a Deputy Chair of the Commission from among the ordinary members in accordance with the Agreement. An appointment is to be by instrument in writing.\n (2) A nomination of an ordinary member for appointment as the Chair or Deputy Chair is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The ordinary member who is the Chair or Deputy Chair ceases to be the Chair, or the Deputy Chair, as the case may be, if he or she ceases to be an ordinary member.\n\n### Division 2—Provisions relating to members\n\n#### 14 Ordinary members hold office on part‑time basis\n\n Ordinary members hold office on a part‑time basis.\n\n#### 15 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#### 16 Remuneration and allowances of ordinary members\n\n (1) 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) An ordinary member is to be paid such allowances as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (3) A determination by the Ministerial Council under subsection (1) or (2) must be made in writing.\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#### 17 Ordinary members may receive other benefits\n\n (1) In addition to remuneration and allowances under section 16, an ordinary member is to be provided with such other benefits (if any) as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) A determination under subsection (1) must be made in writing.\n (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable:\n (a) to assist an ordinary member in; or\n (b) place the ordinary member in a position that may facilitate;\n 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#### 18 Resignation\n\n An ordinary member may resign in writing signed by the member and delivered to the Minister.\n\n#### 19 Termination of appointment\n\n (1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n (2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.\n\n> Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (3) The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Ministerial Council, carried in accordance with the Agreement.\n Termination under Public Governance, Performance and Accountability Act 2013\n (4) Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.\n\n#### 20 Leave of absence\n\n The Ministerial Council may, by resolution carried in accordance with the Agreement, grant an ordinary member leave of absence from a meeting of the Commission.\n\n#### 21 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n\n#### 22 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may, on the nomination of the Ministerial Council, 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\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) An appointment under subsection (2), (3) or (4) is to be in writing.\n (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n\n## Part 4—Operations of Commission\n\n### Division 1—Corporate plans\n\n#### 23 Draft corporate plan\n\n (1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013, the members must prepare a draft corporate plan and give it to the Ministerial Council.\n (2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.\n (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.\n\n#### 25 Approval of draft corporate plan\n\n (1) If the draft corporate plan is given to the Ministerial Council, the Council must:\n (a) approve the draft corporate plan; or\n (b) refuse to approve the draft corporate plan.\n (2) If the Ministerial Council refuses to approve the draft corporate plan, the Council must direct the members to:\n (a) make such alterations to the draft corporate plan as are specified in the direction; and\n (b) give the altered draft corporate plan to the Council within the period specified in the direction.\n (3) The members must comply with a direction under subsection (2).\n (4) If:\n (a) the altered draft corporate plan is given to the Ministerial Council; and\n (b) the alterations are in accordance with a direction under subsection (2);\n the Council must approve the altered draft corporate plan.\n (5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Ministerial Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (7) An approval or direction under this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n### Division 2—Meetings and committees\n\n#### 26 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 Chair:\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 in writing signed by at least 2 other ordinary members.\n\n#### 27 Procedure at meetings\n\n (1) The Chair is to preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair is to preside.\n (3) If the Chair and the Deputy Chair are not present at a meeting, the Chair may nominate an ordinary member to preside.\n (4) If:\n (a) the Chair and the Deputy Chair are not present at a meeting; and\n (b) the Chair does not nominate an ordinary member to preside;\n the Deputy Chair may nominate an ordinary member to preside.\n (5) Subject to this Division, the Commission:\n (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and\n (b) is to keep minutes of those meetings.\n\n#### 28 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 ordinary 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 ordinary 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#### 29 Quorum\n\n At a meeting, 3 ordinary members constitute a quorum.\n\n#### 30 Voting at meetings\n\n At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n\n#### 32 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## Part 5—Finance\n\n#### 33 Payments to Commission by Commonwealth\n\n (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n (2) The Finance Minister 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 (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Payments to Commission by States or Territories\n\n The Commission may receive money paid to it by a State or Territory.\n\n#### 35 Money of Commission\n\n The money of the Commission consists of:\n (a) money paid to the Commission under section 33; and\n (b) money received by the Commission under section 34; and\n (c) any other money paid to the Commission.\n\n#### 36 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#### 37 Estimates\n\n (1) If the Ministerial Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.\n\n> Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013.\n\n (2) The Commission must submit estimates so prepared to the Ministerial Council not later than such date as the Ministerial Council directs.\n (3) Except with the consent of the Ministerial Council, the money of the Commission must not be spent otherwise than in accordance with:\n (a) the applicable corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013; and\n (b) any applicable work program provided for in the Agreement.\n (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 38 Annual report\n\n (1) The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also contain any other information required by the Agreement to be included in the report.\n (2) A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.\n\n## Part 6—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 39 Chief Executive Officer\n\n (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed for a period specified in the instrument of appointment by the Chair.\n (2) The Chair is to make the appointment on the recommendation of the Commission. However, the Chief Executive Officer is not to participate in the making of the recommendation by the Commission.\n (3) 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 (4) 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#### 40 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 under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the 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#### 41 Chief Executive Officer may receive other benefits\n\n (1) In addition to remuneration and allowances payable under section 40, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n (2) A determination under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits as the Commission considers are necessary or desirable:\n (a) to assist the Chief Executive Officer in; or\n (b) to place the Chief Executive Officer in a position that may facilitate;\n 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#### 42 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#### 43 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### Division 2—Staff and consultants\n\n#### 44 Non‑Public Service staff\n\n (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#### 45 Public Service staff of Commission\n\n (1) In addition to the staff referred to in subsection 44(1), the Commission’s staff may 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#### 46 Staff seconded to the Commission\n\n (1) The Commission may 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 of its functions or the exercise of its 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 of its functions or the exercise of its powers.\n\n#### 47 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## Part 7—Miscellaneous\n\n#### 48 Delegation by Commission\n\n (1) Subject to subsection (2), the Commission may, by resolution in writing, delegate all or any of its functions and powers to a person who is:\n (a) a member; or\n (b) a member of staff; 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 member of staff, unless the Ministerial Council has consented to the delegation, by resolution carried in accordance with the Agreement.\n\n#### 49 Delegation by Ministerial Council\n\n (1) The Ministerial Council may delegate to a member of the Ministerial Council all or any of the Ministerial Council’s functions and powers under this Act.\n (2) A delegation is to be made by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) A delegation may be varied or revoked by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (4) If the Ministerial 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#### 50 Acts done by Ministerial Council etc.\n\n (1) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and\n (b) states that the Ministerial Council or the former 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 Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.\n (2) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council; and\n (b) states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the 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 Ministerial 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 Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (5) A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (6) In this section:\n\n> former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).\n\n#### 51 Review of operation of Act and Agreement\n\n (1) The Ministerial Council must:\n (a) no later than the sixth anniversary of the commencement of this Act; and\n (b) no later than the end of each succeeding period of 6 years after that anniversary;\n review the operation of this Act and the Agreement, and on each occasion give a written report of the review to the Prime Minister, the Premier of each State, the Chief Minister for the Australian Capital Territory and the Chief Minister of the Northern Territory.\n (2) The report of each review must include:\n (a) a recommendation as to whether the National Transport Commission should continue; and\n (b) a recommendation as to whether this Act should be repealed or amended; and\n (c) the reasons for the recommendations.\n\n#### 52 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":27},{"sectionNumber":"23","sectionType":"section","heading":"Draft corporate plan","content":"#### 23 Draft corporate plan\n\n (1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013, the members must prepare a draft corporate plan and give it to the Ministerial Council.\n (2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.\n (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Approval of draft corporate plan","content":"#### 25 Approval of draft corporate plan\n\n (1) If the draft corporate plan is given to the Ministerial Council, the Council must:\n (a) approve the draft corporate plan; or\n (b) refuse to approve the draft corporate plan.\n (2) If the Ministerial Council refuses to approve the draft corporate plan, the Council must direct the members to:\n (a) make such alterations to the draft corporate plan as are specified in the direction; and\n (b) give the altered draft corporate plan to the Council within the period specified in the direction.\n (3) The members must comply with a direction under subsection (2).\n (4) If:\n (a) the altered draft corporate plan is given to the Ministerial Council; and\n (b) the alterations are in accordance with a direction under subsection (2);\n the Council must approve the altered draft corporate plan.\n (5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Ministerial Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (7) An approval or direction under this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Convening of meetings","content":"#### 26 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 Chair:\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 in writing signed by at least 2 other ordinary members.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Procedure at meetings","content":"#### 27 Procedure at meetings\n\n (1) The Chair is to preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair is to preside.\n (3) If the Chair and the Deputy Chair are not present at a meeting, the Chair may nominate an ordinary member to preside.\n (4) If:\n (a) the Chair and the Deputy Chair are not present at a meeting; and\n (b) the Chair does not nominate an ordinary member to preside;\n the Deputy Chair may nominate an ordinary member to preside.\n (5) Subject to this Division, the Commission:\n (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and\n (b) is to keep minutes of those meetings.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Resolutions without meetings","content":"#### 28 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 ordinary 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 ordinary 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":34},{"sectionNumber":"29","sectionType":"section","heading":"Quorum","content":"#### 29 Quorum\n\n At a meeting, 3 ordinary members constitute a quorum.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Voting at meetings","content":"#### 30 Voting at meetings\n\n At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Committees","content":"#### 32 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":37},{"sectionNumber":"Part 5","sectionType":"part","heading":"Finance","content":"## Part 5—Finance","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Payments to Commission by Commonwealth","content":"#### 33 Payments to Commission by Commonwealth\n\n (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n (2) The Finance Minister 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 (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Payments to Commission by States or Territories","content":"#### 34 Payments to Commission by States or Territories\n\n The Commission may receive money paid to it by a State or Territory.","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Money of Commission","content":"#### 35 Money of Commission\n\n The money of the Commission consists of:\n (a) money paid to the Commission under section 33; and\n (b) money received by the Commission under section 34; and\n (c) any other money paid to the Commission.","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Application of money of Commission","content":"#### 36 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":42},{"sectionNumber":"37","sectionType":"section","heading":"Estimates","content":"#### 37 Estimates\n\n (1) If the Ministerial Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.\n\n> Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013.\n\n (2) The Commission must submit estimates so prepared to the Ministerial Council not later than such date as the Ministerial Council directs.\n (3) Except with the consent of the Ministerial Council, the money of the Commission must not be spent otherwise than in accordance with:\n (a) the applicable corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013; and\n (b) any applicable work program provided for in the Agreement.\n (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Annual report","content":"#### 38 Annual report\n\n (1) The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also contain any other information required by the Agreement to be included in the report.\n (2) A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.","sortOrder":44},{"sectionNumber":"Part 6","sectionType":"part","heading":"Chief Executive Officer, staff and consultants","content":"An Act to establish the National Transport Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the National Transport Commission Act 2003.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

6 September 2003

2. Sections 3 to 52

A single day to be fixed by Proclamation, subject to subsection (3)

15 January 2004 (s 2(1); Gazette 2003, GN47)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n#### 3 Purpose of Act\n\n The purpose of this Act is to:\n (a) establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and\n (b) provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:\n (i) model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and\n (ii) road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.\n\n#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Agreement means the Agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory entered into in relation to this Act, and includes that Agreement as amended from time to time.\n\n> Chair means the Chair of the Commission.\n\n> Chief Executive Officer means the Chief Executive Officer of the Commission.\n\n> Commission means the National Transport Commission established by section 5.\n\n> Deputy Chair means the Deputy Chair of the Commission.\n\n> intermodal transport means the interaction of operations between transport modes.\n\n> member means a member of the Commission.\n\n> member of staff means:\n\n (a) the Chief Executive Officer; or\n (b) a person employed under section 44; or\n (c) a member of the staff referred to in section 45; or\n (d) any of the officers, employees and persons who, under section 46, are to assist the Commission.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.\n\n> model legislation means legislation, regulations and other legislative instruments developed by the Commission in accordance with the Agreement.\n\n> ordinary member means a member of the Commission other than the Chief Executive Officer.\n\n> road transport legislation means legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by the National Road Transport Commission established by section 4 of the National Road Transport Commission Act 1991 and agreed by the Ministerial Council.\n\n## Part 2—Establishment, functions and powers of Commission\n\n#### 5 Establishment of National Transport Commission\n\n (1) A National 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\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\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#### 6 Functions and powers of Commission\n\n (1) The Commission has the following functions and powers:\n (a) the functions and powers that the 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) such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;\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 conferred on it by or under another law of the Commonwealth.\n (2) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.\n (3) The Commission:\n (a) is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and\n (b) in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and\n (c) is to comply in all respects with the provisions of the Agreement that are applicable to it.\n (4) Paragraph (3)(b) does not limit the matters to which the Commission may have regard.\n\n#### 7 Regulations setting out model legislation and road transport legislation\n\n (1) The regulations may set out model legislation and road transport legislation.\n (2) Any model legislation or road transport legislation set out in regulations made for the purposes of this section:\n (a) does not have the force of law; and\n (b) may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.\n (3) Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.\n\n#### 8 Reports and advice to be provided to the Ministerial Council\n\n (1) The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.\n (2) The Ministerial Council may direct the Commission to provide advice about any matter relating to:\n (a) the functions or powers of the Commission; or\n (b) the functions or powers of the Ministerial Council as they relate to the Commission.\n (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 9 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, the rail industry and the related logistics industry; and\n (c) representatives of people who live in regional or remote areas of Australia; and\n (d) other interested people, bodies and organisations.\n\n#### 10 Noise and emission standards—consultation with the National Environment Protection Council\n\n If the Commission is involved in the development of a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, the standard may only be developed in conjunction with the National Environment Protection Council.\n\n## Part 3—Constitution of Commission\n\n### Division 1—General membership provisions\n\n#### 11 Membership of Commission\n\n (1) The Commission consists of the following members:\n (a) the Chief Executive Officer;\n (b) 5 ordinary members.\n (2) The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.\n\n#### 12 Appointment of ordinary members\n\n (1) Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.\n (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 13 Chair and Deputy Chair of Commission\n\n (1) The Minister is to appoint, on the nomination of the Ministerial Council, a Chair and a Deputy Chair of the Commission from among the ordinary members in accordance with the Agreement. An appointment is to be by instrument in writing.\n (2) A nomination of an ordinary member for appointment as the Chair or Deputy Chair is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The ordinary member who is the Chair or Deputy Chair ceases to be the Chair, or the Deputy Chair, as the case may be, if he or she ceases to be an ordinary member.\n\n### Division 2—Provisions relating to members\n\n#### 14 Ordinary members hold office on part‑time basis\n\n Ordinary members hold office on a part‑time basis.\n\n#### 15 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#### 16 Remuneration and allowances of ordinary members\n\n (1) 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) An ordinary member is to be paid such allowances as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (3) A determination by the Ministerial Council under subsection (1) or (2) must be made in writing.\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#### 17 Ordinary members may receive other benefits\n\n (1) In addition to remuneration and allowances under section 16, an ordinary member is to be provided with such other benefits (if any) as are determined by resolution of the Ministerial Council, carried in accordance with the Agreement.\n (2) A determination under subsection (1) must be made in writing.\n (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable:\n (a) to assist an ordinary member in; or\n (b) place the ordinary member in a position that may facilitate;\n 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#### 18 Resignation\n\n An ordinary member may resign in writing signed by the member and delivered to the Minister.\n\n#### 19 Termination of appointment\n\n (1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.\n (2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.\n\n> Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (3) The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Ministerial Council, carried in accordance with the Agreement.\n Termination under Public Governance, Performance and Accountability Act 2013\n (4) Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.\n\n#### 20 Leave of absence\n\n The Ministerial Council may, by resolution carried in accordance with the Agreement, grant an ordinary member leave of absence from a meeting of the Commission.\n\n#### 21 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 resolution of the Ministerial Council, carried in accordance with the Agreement.\n\n#### 22 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may, on the nomination of the Ministerial Council, 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\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) An appointment under subsection (2), (3) or (4) is to be in writing.\n (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.\n (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.\n\n## Part 4—Operations of Commission\n\n### Division 1—Corporate plans\n\n#### 23 Draft corporate plan\n\n (1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013, the members must prepare a draft corporate plan and give it to the Ministerial Council.\n (2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.\n (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.\n\n#### 25 Approval of draft corporate plan\n\n (1) If the draft corporate plan is given to the Ministerial Council, the Council must:\n (a) approve the draft corporate plan; or\n (b) refuse to approve the draft corporate plan.\n (2) If the Ministerial Council refuses to approve the draft corporate plan, the Council must direct the members to:\n (a) make such alterations to the draft corporate plan as are specified in the direction; and\n (b) give the altered draft corporate plan to the Council within the period specified in the direction.\n (3) The members must comply with a direction under subsection (2).\n (4) If:\n (a) the altered draft corporate plan is given to the Ministerial Council; and\n (b) the alterations are in accordance with a direction under subsection (2);\n the Council must approve the altered draft corporate plan.\n (5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Ministerial Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (7) An approval or direction under this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n### Division 2—Meetings and committees\n\n#### 26 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 Chair:\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 in writing signed by at least 2 other ordinary members.\n\n#### 27 Procedure at meetings\n\n (1) The Chair is to preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair is to preside.\n (3) If the Chair and the Deputy Chair are not present at a meeting, the Chair may nominate an ordinary member to preside.\n (4) If:\n (a) the Chair and the Deputy Chair are not present at a meeting; and\n (b) the Chair does not nominate an ordinary member to preside;\n the Deputy Chair may nominate an ordinary member to preside.\n (5) Subject to this Division, the Commission:\n (a) may regulate the conduct of proceedings at its meetings as it thinks fit; and\n (b) is to keep minutes of those meetings.\n\n#### 28 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 ordinary 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 ordinary 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#### 29 Quorum\n\n At a meeting, 3 ordinary members constitute a quorum.\n\n#### 30 Voting at meetings\n\n At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting.\n\n#### 32 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## Part 5—Finance\n\n#### 33 Payments to Commission by Commonwealth\n\n (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n (2) The Finance Minister 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 (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Payments to Commission by States or Territories\n\n The Commission may receive money paid to it by a State or Territory.\n\n#### 35 Money of Commission\n\n The money of the Commission consists of:\n (a) money paid to the Commission under section 33; and\n (b) money received by the Commission under section 34; and\n (c) any other money paid to the Commission.\n\n#### 36 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#### 37 Estimates\n\n (1) If the Ministerial Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.\n\n> Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013.\n\n (2) The Commission must submit estimates so prepared to the Ministerial Council not later than such date as the Ministerial Council directs.\n (3) Except with the consent of the Ministerial Council, the money of the Commission must not be spent otherwise than in accordance with:\n (a) the applicable corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013; and\n (b) any applicable work program provided for in the Agreement.\n (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.\n\n#### 38 Annual report\n\n (1) The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also contain any other information required by the Agreement to be included in the report.\n (2) A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.\n\n## Part 6—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 39 Chief Executive Officer\n\n (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed for a period specified in the instrument of appointment by the Chair.\n (2) The Chair is to make the appointment on the recommendation of the Commission. However, the Chief Executive Officer is not to participate in the making of the recommendation by the Commission.\n (3) 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 (4) 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#### 40 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 under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the 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#### 41 Chief Executive Officer may receive other benefits\n\n (1) In addition to remuneration and allowances payable under section 40, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n (2) A determination under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits as the Commission considers are necessary or desirable:\n (a) to assist the Chief Executive Officer in; or\n (b) to place the Chief Executive Officer in a position that may facilitate;\n 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#### 42 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#### 43 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### Division 2—Staff and consultants\n\n#### 44 Non‑Public Service staff\n\n (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#### 45 Public Service staff of Commission\n\n (1) In addition to the staff referred to in subsection 44(1), the Commission’s staff may 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#### 46 Staff seconded to the Commission\n\n (1) The Commission may 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 of its functions or the exercise of its 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 of its functions or the exercise of its powers.\n\n#### 47 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## Part 7—Miscellaneous\n\n#### 48 Delegation by Commission\n\n (1) Subject to subsection (2), the Commission may, by resolution in writing, delegate all or any of its functions and powers to a person who is:\n (a) a member; or\n (b) a member of staff; 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 member of staff, unless the Ministerial Council has consented to the delegation, by resolution carried in accordance with the Agreement.\n\n#### 49 Delegation by Ministerial Council\n\n (1) The Ministerial Council may delegate to a member of the Ministerial Council all or any of the Ministerial Council’s functions and powers under this Act.\n (2) A delegation is to be made by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) A delegation may be varied or revoked by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (4) If the Ministerial 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#### 50 Acts done by Ministerial Council etc.\n\n (1) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and\n (b) states that the Ministerial Council or the former 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 Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.\n (2) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council; and\n (b) states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the 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 Ministerial 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 Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (5) A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (6) In this section:\n\n> former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).\n\n#### 51 Review of operation of Act and Agreement\n\n (1) The Ministerial Council must:\n (a) no later than the sixth anniversary of the commencement of this Act; and\n (b) no later than the end of each succeeding period of 6 years after that anniversary;\n review the operation of this Act and the Agreement, and on each occasion give a written report of the review to the Prime Minister, the Premier of each State, the Chief Minister for the Australian Capital Territory and the Chief Minister of the Northern Territory.\n (2) The report of each review must include:\n (a) a recommendation as to whether the National Transport Commission should continue; and\n (b) a recommendation as to whether this Act should be repealed or amended; and\n (c) the reasons for the recommendations.\n\n#### 52 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":45},{"sectionNumber":"39","sectionType":"section","heading":"Chief Executive Officer","content":"#### 39 Chief Executive Officer\n\n (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed for a period specified in the instrument of appointment by the Chair.\n (2) The Chair is to make the appointment on the recommendation of the Commission. However, the Chief Executive Officer is not to participate in the making of the recommendation by the Commission.\n (3) 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 (4) 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":47},{"sectionNumber":"40","sectionType":"section","heading":"Remuneration and allowances","content":"#### 40 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 under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the 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":48},{"sectionNumber":"41","sectionType":"section","heading":"Chief Executive Officer may receive other benefits","content":"#### 41 Chief Executive Officer may receive other benefits\n\n (1) In addition to remuneration and allowances payable under section 40, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing.\n (2) A determination under subsection (1) does not have effect unless it has been approved by resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits as the Commission considers are necessary or desirable:\n (a) to assist the Chief Executive Officer in; or\n (b) to place the Chief Executive Officer in a position that may facilitate;\n 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":49},{"sectionNumber":"42","sectionType":"section","heading":"Leave of absence","content":"#### 42 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":50},{"sectionNumber":"43","sectionType":"section","heading":"Terms and conditions not provided for by Act","content":"#### 43 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":51},{"sectionNumber":"44","sectionType":"section","heading":"Non‑Public Service staff","content":"#### 44 Non‑Public Service staff\n\n (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":53},{"sectionNumber":"45","sectionType":"section","heading":"Public Service staff of Commission","content":"#### 45 Public Service staff of Commission\n\n (1) In addition to the staff referred to in subsection 44(1), the Commission’s staff may 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":54},{"sectionNumber":"46","sectionType":"section","heading":"Staff seconded to the Commission","content":"#### 46 Staff seconded to the Commission\n\n (1) The Commission may 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 of its functions or the exercise of its 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 of its functions or the exercise of its powers.","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Consultants","content":"#### 47 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":56},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Delegation by Commission","content":"#### 48 Delegation by Commission\n\n (1) Subject to subsection (2), the Commission may, by resolution in writing, delegate all or any of its functions and powers to a person who is:\n (a) a member; or\n (b) a member of staff; 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 member of staff, unless the Ministerial Council has consented to the delegation, by resolution carried in accordance with the Agreement.","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Delegation by Ministerial Council","content":"#### 49 Delegation by Ministerial Council\n\n (1) The Ministerial Council may delegate to a member of the Ministerial Council all or any of the Ministerial Council’s functions and powers under this Act.\n (2) A delegation is to be made by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (3) A delegation may be varied or revoked by a resolution of the Ministerial Council carried in accordance with the Agreement.\n (4) If the Ministerial 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":59},{"sectionNumber":"50","sectionType":"section","heading":"Acts done by Ministerial Council etc.","content":"#### 50 Acts done by Ministerial Council etc.\n\n (1) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and\n (b) states that the Ministerial Council or the former 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 Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.\n (2) A certificate that:\n (a) purports to be signed by a member of the Ministerial Council; and\n (b) states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the 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 Ministerial 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 Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (5) A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:\n (a) this Act, an instrument under this Act, or the Agreement; or\n (b) the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.\n (6) In this section:\n\n> former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).","sortOrder":60},{"sectionNumber":"51","sectionType":"section","heading":"Review of operation of Act and Agreement","content":"#### 51 Review of operation of Act and Agreement\n\n (1) The Ministerial Council must:\n (a) no later than the sixth anniversary of the commencement of this Act; and\n (b) no later than the end of each succeeding period of 6 years after that anniversary;\n review the operation of this Act and the Agreement, and on each occasion give a written report of the review to the Prime Minister, the Premier of each State, the Chief Minister for the Australian Capital Territory and the Chief Minister of the Northern Territory.\n (2) The report of each review must include:\n (a) a recommendation as to whether the National Transport Commission should continue; and\n (b) a recommendation as to whether this Act should be repealed or amended; and\n (c) the reasons for the recommendations.","sortOrder":61},{"sectionNumber":"52","sectionType":"section","heading":"Regulations","content":"#### 52 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":62}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"27(3) and 27(4)","severity":"medium","reasoning":"Both subsections are triggered only when the Deputy Chair is not present at the meeting. It is logically absurd to empower the Deputy Chair to nominate a presiding member at a meeting they are not attending, without any mechanism (e.g., prior written nomination) specified for how this is to occur.","confidence":0.82,"description":"Section 27(3) allows the Chair to nominate an ordinary member to preside when neither the Chair nor Deputy Chair is present. Section 27(4) then provides that if the Chair does not nominate, the Deputy Chair may nominate — but the Deputy Chair is also not present at the meeting. A person who is absent from a meeting cannot practically make a nomination at that meeting."},{"type":"other","section":"11(2)","severity":"low","reasoning":"With 3 ordinary members (2 vacancies — the maximum permitted), a quorum of 3 under s.29 requires 100% attendance. Combined with s.19(2) which allows termination after 3 consecutive absences, members in this scenario have almost no margin for absence, creating a near-impossible operational standard.","confidence":0.75,"description":"The Commission may function unless there are more than 2 vacancies among the 5 ordinary members, meaning it can operate with as few as 3 ordinary members. However, section 29 sets the quorum at 3 ordinary members. If exactly 3 ordinary members remain, every single one must attend every meeting to form a quorum, making absence practically impossible without triggering potential termination under section 19(2)."},{"type":"other","section":"39(1) and 39(2)","severity":"low","reasoning":"While the exclusion of the CEO from the recommendation process is sensible to avoid self-interest, the drafting does not address the scenario where there is no incumbent CEO and thus the Commission's composition during the recommendation phase is different from its normal composition, potentially affecting quorum and voting dynamics without guidance.","confidence":0.65,"description":"The CEO is appointed by the Chair on the recommendation of the Commission, but the CEO is a member of the Commission (per s.11(1)(a)) and is explicitly excluded from participating in the recommendation. This means the Commission makes a recommendation about appointing its own CEO while that CEO position is vacant — a bootstrapping problem where the body making the recommendation has a structural gap in its membership at the moment of recommendation."},{"type":"circular_definition","section":"28(1) and 28(2)","severity":"low","reasoning":"The mechanism is not self-activating and requires a prior meeting resolution, which is technically functional but creates an odd internal circularity in the drafting — the section describes a power that is inert until separately activated, yet the activation mechanism is not specified as requiring any particular formality.","confidence":0.7,"description":"Section 28(1) provides that a resolution without a meeting is taken to have been passed 'if' a sufficient number of ordinary members indicate agreement in accordance with a method determined under subsection (2). But subsection (2) says subsection (1) does not apply unless the Commission has already determined that it applies and determined the method. This creates a circular bootstrapping issue: the Commission must pass a resolution enabling paperless resolutions, but that enabling resolution must itself be passed at a meeting — the provision cannot activate itself."},{"type":"self_contradicting","section":"7(1) and 7(2)(a)","severity":"medium","reasoning":"Regulations are by definition legislative instruments that have the force of law. Enacting regulations that expressly do not have the force of law is a structural oddity: the regulations themselves (as a container) have legal force, but their content does not. While the intent (creating model laws for State adoption) is clear, the mechanism is internally contradictory as a matter of legislative technique.","confidence":0.8,"description":"Regulations made under section 7(1) may set out model legislation, yet section 7(2)(a) states that such model legislation 'does not have the force of law.' This creates the peculiar situation where the Governor-General exercises formal law-making power under section 52 to create regulations that expressly do not have the force of law — a legally anomalous use of the formal regulatory power."},{"type":"other","section":"25 (missing section 24)","severity":"low","reasoning":"A missing section number suggests either a repealed provision whose number was not reallocated, or a drafting/compilation error. Without section 24, the logical progression of the corporate plan approval process may be incomplete, and cross-references to section 24 elsewhere would be broken.","confidence":0.9,"description":"Part 4, Division 1 (Corporate plans) jumps from section 23 to section 25 with no section 24 present. The Act as reproduced contains no section 24, creating a numbered gap in the legislation."},{"type":"other","section":"32 (missing section 31)","severity":"low","reasoning":"Similar to the missing section 24, the absence of section 31 creates a numbered gap. This may indicate a repealed provision, but in the reproduced text it creates uncertainty about whether any cross-references to section 31 are satisfied.","confidence":0.9,"description":"Part 4, Division 2 (Meetings and committees) jumps from section 30 to section 32 with no section 31 present in the reproduced Act."},{"type":"self_contradicting","section":"19(3) and 19(4)","severity":"medium","reasoning":"The PGPA Act s.30 creates an autonomous termination power. Section 19(4) of this Act attempts to graft an additional procedural requirement (Ministerial Council recommendation) onto that power by deeming s.19(3) to apply. This creates a potential conflict between two Commonwealth statutes, as the PGPA Act does not incorporate or acknowledge this precondition.","confidence":0.72,"description":"Section 19(3) requires Ministerial Council recommendation before the Minister terminates an appointment under ss.(1) or (2). Section 19(4) extends this requirement to terminations under s.30 of the PGPA Act 2013. However, s.30 of the PGPA Act is an independent Commonwealth statutory power that operates on its own terms and is not expressed to be subject to this Act. Purporting to add a procedural precondition to the operation of another Act's termination power via a deeming provision is legally questionable."}],"contradictions":[{"severity":"medium","section_a":"11(1)","section_b":"4 (definition of 'ordinary member')","confidence":0.78,"description":"Section 11(1) establishes that the Commission consists of the CEO and 5 ordinary members, with 'ordinary member' defined in section 4 as 'a member of the Commission other than the Chief Executive Officer.' The CEO is therefore simultaneously a member of the Commission and explicitly excluded from the category of 'ordinary member.' While internally consistent, sections 29 and 30 (quorum and voting) refer only to 'ordinary members,' meaning the CEO has no voting rights at Commission meetings despite being a member — a significant structural anomaly not flagged in the Act."},{"severity":"medium","section_a":"6(3)(a) and 6(3)(c)","section_b":"6(1)(c) and 6(1)(d) and 6(1)(e)","confidence":0.73,"description":"Section 6(3) requires the Commission to perform all functions in accordance with the Agreement. However, sections 6(1)(c), (d) and (e) confer functions via Ministerial consent, State/Territory laws, and other Commonwealth laws respectively — sources entirely external to the Agreement. If those externally-conferred functions conflict with or are not provided for in the Agreement, compliance with s.6(3)(a) becomes impossible when performing those functions."},{"severity":"low","section_a":"37(3)","section_b":"36","confidence":0.65,"description":"Section 36 states that Commission money is to be applied 'only' for specified purposes (costs, remuneration, benefits). Section 37(3) provides that money must not be spent otherwise than in accordance with the corporate plan and work program, except with Ministerial Council consent. The Ministerial Council consent exception in s.37(3) could theoretically authorise spending outside the corporate plan, but s.36's 'only' restriction has no equivalent consent exception, creating a potential conflict where Ministerial Council-consented spending under s.37(3) may still violate s.36."},{"severity":"low","section_a":"19(1) and 19(2)","section_b":"19(3)","confidence":0.68,"description":"Sections 19(1) and (2) use the permissive 'may terminate,' implying Ministerial discretion. Section 19(3) then states the Minister 'must not' terminate unless the Ministerial Council recommends it. This creates a one-way lock: the Minister can choose not to terminate even with a Council recommendation, but cannot terminate at all without one — effectively giving the Ministerial Council a veto over a Ministerial power while not creating a positive obligation to act on a recommendation. The interaction between discretionary power and mandatory precondition is poorly articulated."},{"severity":"low","section_a":"14","section_b":"39(1)","confidence":0.7,"description":"Section 14 provides that ordinary members hold office on a part-time basis. The CEO is a member of the Commission under s.11(1)(a) but is not an ordinary member. However, the Act contains no equivalent provision specifying whether the CEO holds office on a full-time or part-time basis — section 39 is silent on this. The definition structure creates a gap where the CEO's work basis is entirely unspecified by the Act."}]},"summary":{"name":"National Transport Commission Act 2003","slug":"national-transport-commission-act-2003","title_id":"C2004A01166","version_id":24993,"analysis_type":"summary","content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"Whole Act: 52 sections across 7 Parts, establishing the NTC as a corporate Commonwealth entity with governance, finance, staffing and miscellaneous provisions."},"complexity_factors":["Short institutional governance Act with clear structure","Key obligations governed by intergovernmental Agreement (not reproduced in Act)","Operates within broader PGPA Act framework","Ministerial Council consent required for most key decisions"],"plain_english_summary":"The National Transport Commission Act 2003 is a Commonwealth Act that establishes the National Transport Commission (NTC), a statutory body responsible for developing, monitoring and maintaining uniform or nationally consistent regulatory and operational reforms across road transport, rail transport and intermodal transport throughout Australia.\n\nThe NTC operates under an intergovernmental Agreement between the Commonwealth, all States, the Australian Capital Territory and the Northern Territory. Its primary role is to develop model legislation and reform proposals, which are then agreed by the Ministerial Council (comprising Commonwealth, State and Territory transport ministers) before being implemented by individual jurisdictions.\n\nThe Act creates a small governance structure: a Commission of one Chief Executive Officer and five part-time ordinary members, with a Chair and Deputy Chair drawn from the ordinary members. Members are appointed by the Commonwealth Minister on the nomination of the Ministerial Council and serve terms of up to three years.\n\nThe Commission's functions include developing model road and rail transport legislation and other regulatory instruments, consulting with industry and government, and preparing corporate plans and annual reports. It operates under the Public Governance, Performance and Accountability Act 2013 as a corporate Commonwealth entity. Finance comes from Commonwealth appropriations and State and Territory contributions.\n\nThe Act also provides a regulation-making mechanism so that model legislation agreed by the Ministerial Council can be given effect as Commonwealth regulations, which then serve as template laws for State and Territory adoption.\n\nA mandatory six-yearly review of both the Act and the underlying Agreement is required, with recommendations on whether the NTC should continue and whether the Act needs amendment."},"kimi_summary":{"_metrics":{"completionTokens":552},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the National Transport Commission to develop nationally consistent transport regulations. The scope has not expanded beyond road, rail and intermodal transport."},"complexity_factors":["Multiple overlapping governance layers: NTC members, Chief Executive Officer, Ministerial Council, and Commonwealth Minister all have distinct roles","Frequent cross-references to the 'Agreement' (an intergovernmental agreement not defined in detail within the Act)","Conditional appointment and termination processes requiring Ministerial Council resolutions","Corporate planning requirements that modify standard Public Governance, Performance and Accountability Act 2013 procedures","Acting appointment provisions with multiple cascading scenarios (ss 22(1)-(4))","Remuneration determination pathways that differ between ordinary members and CEO","Delegation restrictions requiring Ministerial Council consent for non-staff delegates","Integration with predecessor body (National Road Transport Commission) through transitional provisions"],"plain_english_summary":"This Act creates the **National Transport Commission (NTC)**, a federal body that develops and maintains uniform transport rules across Australia.\n\n**What it does:**\n- Establishes the NTC as a corporate entity with its own legal identity (it can own property, sue and be sued)\n- Gives the NTC responsibility for creating **model legislation** — template laws that states and territories can adopt to make transport rules consistent nationwide\n- Covers **road transport, rail transport, and intermodal transport** (where different transport modes connect, like trucks meeting trains)\n- Requires the NTC to consult with industry, governments, and regional communities\n\n**Who runs it:**\n- A **Chief Executive Officer** manages day-to-day operations\n- **5 part-time ordinary members** form the governing board, including a Chair and Deputy Chair\n- Members are appointed by the Minister on nomination from the **Ministerial Council** (transport ministers from Commonwealth, states and territories)\n\n**Key features:**\n- The NTC's corporate plans must be approved by the Ministerial Council, not just the federal Minister\n- Funding comes from Commonwealth appropriations plus payments from states/territories\n- Staff can be public servants, private employees, or seconded from state governments\n- The Act requires a **review every 6 years** to decide if the NTC should continue\n\n**Why it matters:**\nWithout the NTC, each state would have different truck weights, rail gauges, and safety rules — making national freight movement inefficient and costly. The NTC creates \"model laws\" that states can adopt to harmonise standards, though states remain free to modify them."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act expanded the scope from its predecessor, the National Road Transport Commission Act 1991, which covered only road transport, to include rail and intermodal transport."},"complexity_factors":["Moderate length (52 sections)","Multiple defined terms (e.g., Agreement, Ministerial Council, model legislation)","Cross-references to external documents (the Agreement, Remuneration Tribunal Act, Public Governance, Performance and Accountability Act 2013)","Nested provisions for acting appointments, termination, and corporate plan approval"],"plain_english_summary":"This Act establishes the National Transport Commission (NTC), a federal body that works with state and territory governments to create uniform rules for road, rail, and intermodal transport (transport involving more than one mode, like trucks and trains). The NTC develops model laws that states can adopt to make transport rules consistent across Australia. It does not make laws itself but prepares proposals for the Ministerial Council (transport ministers from all governments). The Act also covers how the NTC is run: its members are appointed by the federal minister on the council's nomination, it has a CEO, staff, and gets funding from the Commonwealth and states. The NTC must consult with industry and the public. This Act replaced an earlier law that only covered road transport, now expanded to rail and intermodal transport."}},"importantCases":[],"_links":{"self":"/api/acts/national-transport-commission-act-2003","history":"/api/acts/national-transport-commission-act-2003/history","analysis":"/api/acts/national-transport-commission-act-2003/analysis","conflicts":"/api/acts/national-transport-commission-act-2003/conflicts","importantCases":"/api/acts/national-transport-commission-act-2003/important-cases","documents":"/api/acts/national-transport-commission-act-2003/documents"}}