{"id":"F2006L00256","name":"National Transport Commission (Road Transport Legislation – Alternative Compliance Schemes) Regulations 2006","slug":"national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"11 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":116830,"registerId":"commonwealth-F2006L00256-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the National Transport Commission (Road Transport Legislation—Alternative Compliance Schemes) Regulations 2006.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  These Regulations commence on the day after they are registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Road transport legislation—alternative compliance schemes","content":"#### 3 Road transport legislation—alternative compliance schemes\n\n  For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of outline primary and secondary legislation, about alternative measures regarding compliance with, and enforcement of, road law.\n\n> Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).\n\n> Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).\n\n> Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.\n\n> Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.\n\n> Note 5: The text set out in Schedule 1 is that of a legislative model prepared for the former National Road Transport Commission and approved by the Australian Transport Council on 22 September 1999, but not enacted. The text has been formatted (as far as possible) in accordance with current drafting practice but is otherwise unaltered.","sortOrder":2},{"sectionNumber":"A Primary legislation","sectionType":"part","heading":"A Primary legislation","content":"## A Primary legislation\n\nA Bill should include the following matters:","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Australian Transport Council may approve principles, standards, guidelines and business rules","content":"#### 4 Australian Transport Council may approve principles, standards, guidelines and business rules\n\n  (1) The Australian Transport Council may:\n    (a) approve written principles to be considered in deciding whether alternative compliance schemes should be approved by the accrediting agency;\n    (b) approve written standards and guidelines to be considered by an accrediting agency in deciding whether a person should be accredited as a member of a national alternative compliance scheme.\n  (2) The accrediting agency must cause a copy of principles, guidelines or standards adopted by it under subsection (1) to be published in the Government Gazette.\n  (3) The Australian Transport Council may also approve business rules to be observed in the administration of NHVAS national alternative compliance schemes.","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Accrediting agency to observe business rules","content":"#### 5 Accrediting agency to observe business rules\n\n  The accrediting agency must administer NHVAS alternative compliance schemes in accordance with any business rules approved by the Australian Transport Council.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Application for accreditation under an alternative compliance scheme","content":"#### 6 Application for accreditation under an alternative compliance scheme\n\n  (1) A person may apply to the accrediting agency for accreditation or renewal of accreditation as a member of an approved alternative compliance scheme.\n  (2) A person who is a member of a partnership may make an application for accreditation or renewal on behalf of the partnership.\n  (3) An application must:\n    (a) be in the form required by the business rules; and\n    (b) be accompanied by the documents required by the business rules or prescribed in the regulations; and\n    (c) contain the name and telephone number, fax number or e‑mail address of an individual as the contact point between the applicant and the accrediting agency.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Accreditation","content":"#### 7 Accreditation\n\n  (1) Subject to the regulations, the accrediting agency may accredit a person as a member of an approved alternative compliance scheme in accordance with this section.\n  (2) For an approved alternative compliance scheme about mass management, the accrediting agency may accredit the applicant if it is satisfied that the applicant has in place a management and operating system that allows nominated drivers and nominated vehicles to comply and to demonstrate continuing compliance with mass limits determined:\n    (a) for a national scheme[\\[2\\]](#_ftn2)—by the Australian Transport Council; or\n    (b) for a non‑national scheme[\\[3\\]](#_ftn3)—by the accrediting agency.\n  (3) For an approved alternative compliance scheme about fatigue management, the accrediting agency may accredit the applicant if it is satisfied that the applicant has in place, for its nominated drivers, a management and operating system that will result in the effective management of driver fatigue (other than through compliance with the driving hours and record keeping requirements of the relevant law in each jurisdiction).\n  (3A) For an approved alternative compliance scheme about maintenance management, the accrediting agency may accredit the applicant if it is satisfied that the applicant has in place for its nominated vehicles management and operating systems that allow the applicant to comply, and to demonstrate continuing compliance, with relevant standards prescribed by the relevant law in each jurisdiction.\n  (4) For an approved alternative compliance scheme relating to a prescribed matter about road transport, the accrediting agency may accredit the applicant in circumstances prescribed in the regulations.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Matters to be considered in deciding whether to accredit a person","content":"#### 8 Matters to be considered in deciding whether to accredit a person\n\n  (1) In deciding whether to accredit an applicant as a member of an approved alternative compliance scheme under the NHVAS, the accrediting agency may have regard to:\n    (a) a relevant audit report compiled by a person who, in the opinion of the accrediting agency, is appropriately qualified to provide the report; and\n    (b) the skills and training of the applicant’s nominated drivers; and\n    (c) the characteristics and capabilities of the applicant’s nominated vehicles; and\n    (d) the impact on road safety or the road infrastructure that may arise as a result of accrediting the applicant; and\n    (e) other matters relevant to accrediting the applicant.\n  (2) In deciding whether to renew an applicant’s accreditation as a member of an alternative compliance scheme, the accrediting agency may have regard to:\n    (a) the matters specified in subsection (1); and\n    (b)\n    (i) the compliance history of the applicant in complying with relevant laws[\\[4\\]](#_ftn4), whether in or outside the jurisdiction, during any period when the person was accredited as a member of an alternative compliance scheme; or\n    (ii) if the person was accredited as a member of a fatigue management alternative compliance scheme, the effectiveness of the management and operating systems in managing fatigue.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Delegation of accreditation power","content":"#### 9 Delegation of accreditation power\n\n  The accrediting agency may, by signed instrument, delegate to an accrediting agency in another jurisdiction its power to accredit a person as a member of an approved alternative compliance scheme.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Term of membership","content":"#### 10 Term of membership\n\n  The accrediting agency may accredit a person as a member of an approved alternative compliance scheme or renew a person’s accreditation for the period prescribed in the regulations.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Commencement of membership","content":"#### 11 Commencement of membership\n\n  A person’s accreditation as a member of an approved alternative compliance scheme commences on the later of:\n    (a) a time specified by the accrediting agency; or\n    (b) if the regulations prescribe a membership administration fee for the person—when the fee, or the first instalment of the fee, is paid.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Conditions of membership","content":"#### 12 Conditions of membership\n\n  (1) The accrediting agency may accredit a person as a member of an approved alternative compliance scheme or renew a person’s accreditation subject to specified conditions.\n  (2) A condition may relate to things to be done by, or that are expected of, a nominated driver of the person.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Membership administration fees","content":"#### 13 Membership administration fees\n\n  (1) The regulations may prescribe fees to be paid if the accrediting agency accredits a person as a member of an approved alternative compliance scheme for the administrative expense that will be incurred by the accrediting agency in implementing the person’s accreditation.\n  (2) If the regulations prescribe fees, the accrediting agency must, before the time of accreditation, notify the person of the amount of the fees and of the arrangements for payment.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Obligations and benefits of membership of an approved alternative compliance scheme","content":"#### 14 Obligations and benefits of membership of an approved alternative compliance scheme\n\n  If the accrediting agency accredits a person as a member of an alternative compliance scheme, the accrediting agency must enter into an agreement with the person that specifies the obligations of the person, the requirements applicable to the person’s nominated drivers and vehicles and any benefits received, under the scheme.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Immediate suspension of accreditation","content":"#### 15 Immediate suspension of accreditation\n\n  (1) The accrediting agency may, by notice given to a person who is accredited as a member of an alternative compliance scheme, suspend the person’s accreditation from a particular date for a period specified in the notice if it is satisfied that the suspension is necessary in the interests of public safety.\n  (2) The notice must:\n    (a) state the accrediting agency’s reasons for giving the notice; and\n    (b) state that the accreditation will be cancelled on a specified date for a period specified in the notice, unless the person satisfies the accrediting agency that the notice should be withdrawn.\n  (3) If the person does not satisfy the accrediting agency that the notice should be withdrawn, the accrediting agency must cancel the person’s accreditation.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Suspension, cancellation or variation of accreditation—general","content":"#### 16 Suspension, cancellation or variation of accreditation—general\n\n  (1) The accrediting agency may, if subsection (2) applies, give to a person who is accredited as a member of an alternative compliance scheme a notice stating that:\n    (a) it proposes to cancel or suspend the accreditation, or cancel or suspend the accreditation so far as it relates to specified nominated drivers or vehicles of the person; or\n    (b) it proposes to vary the accreditation in the way specified in the notice.\n  (2) This subsection applies if:\n    (a) the accrediting agency is satisfied that the person was accredited as a member on the basis of fraud or misrepresentation; or\n    (b) the accrediting agency is satisfied that the person or a nominated driver has contravened a condition that applies to the person under section 12; or\n    (c) the person or a nominated driver has been found guilty of contravening a relevant law (or proceeded against by way of infringement notice) and that the accrediting agency is satisfied that the contravention:\n    (i) is serious; or\n    (ii) is part of a persistent series of contraventions; or\n    (iii) taking into account the behaviour of all nominated drivers of the person, amounts to a pattern of contravening behaviour; or\n    (d) the accrediting agency is no longer satisfied that the person and its nominated drivers and vehicles continue to meet the requirements set out in section 7; or\n    (e) a fee prescribed by the regulations is due but has not been paid; or\n    (f) the person requests or agrees to the suspension or cancellation.\n  (3) The notice:\n    (a) must state the accrediting agency’s reasons for giving the notice; and\n    (b) must state that the accreditation will be cancelled or suspended so far as it relates to specified nominated drivers or vehicles of the person or varied on a specified day unless the person satisfies the accrediting agency that the notice should be withdrawn; and\n    (c) may state a period of suspension of the accreditation; and\n    (d) if the person does not satisfy the accrediting agency that the notice should be withdrawn, the accrediting agency may take the action specified in the notice.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Recognition of schemes","content":"#### 17 Recognition of schemes\n\n  (1) The accrediting agency must recognise each national scheme and give effect to decisions made, and agreements entered into, by another accrediting agency for the purposes of the scheme.\n  (2) The accrediting agency may recognise a non‑national scheme approved by another accrediting agency and give effect to decisions made, and agreements entered into, by the other accrediting agency for the purposes of the scheme.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Offence of making false statement, etc.","content":"#### 18 Offence of making false statement, etc.\n\n  A person who, in connection with an alternative compliance scheme, makes a statement or provides information that the person knows to be false or misleading in a material particular is guilty of an offence.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Offence of false representation that a person is accredited","content":"#### 19 Offence of false representation that a person is accredited\n\n  A person, who by any means falsely represents himself or herself to be accredited as a member of an alternative compliance scheme or to be a person on whom a benefit under an alternative compliance scheme has been conferred, is guilty of an offence.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Definitions","content":"#### 20 Definitions\n\nRelevant terms should be defined in the Bill as follows:\n\n> Accrediting agency means the authority responsible for administering alternative compliance schemes.\n\n> national scheme means an alternative compliance scheme designated by the Australian Transport Council as a national alternative compliance scheme under section 3.\n\n> non‑national scheme means an alternative compliance scheme other than a national scheme.\n\n> relevant law means a road transport law to which an alternative compliance scheme relates.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Other matters to be included in the Bill","content":"#### 21 Other matters to be included in the Bill\n\n  The regulations are to provide a system for review of decisions of the accrediting agency identified in the regulations.\n\nThe Bill should provide that information kept in relation to the administration of Alternative Compliance schemes that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the regulations or under another law.","sortOrder":24},{"sectionNumber":"B Secondary legislation","sectionType":"part","heading":"B Secondary legislation","content":"## B Secondary legislation\n\nRegulations to support the operation of the primary legislation should be made and should prescribe the following types of matters:\n\n any transport matter (if applicable) other than fatigue management, mass management or maintenance management which is to be subject of an Alternative Compliance scheme;\n\n the documents which must accompany an application to be a member of an Alternative Compliance scheme including proof of identity requirements;\n\n the term of a person’s initial membership and renewed membership of an Alternative Compliance scheme;\n\n transfer of information between accrediting agencies which must be treated in accordance with the Information Privacy Principles in section 14 of the Privacy Act 1988 of the Commonwealth;\n\n matters to do with review rights including notification of review rights, decisions subject to internal review or reconsideration and decisions subject to external review and associated procedural matters;\n\n notification requirements and return of identification items issued to the accredited operator. eg changes to nominated vehicles and drivers;\n\n any standard conditions or “contract” to be applied to be members which could be referenced in the regulations or set out in full in the regulations.","sortOrder":25}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation maintains its original scope as a model framework for alternative compliance schemes in road transport. It has not expanded beyond its initial purpose of providing template legislation for states and territories to enact. The content remains focused on the three core areas (fatigue, mass, maintenance management) with a generic mechanism for future expansion, which was part of the original 1999 model approved by the Australian Transport Council."},"complexity_factors":["The legislation is a **model/template framework** rather than operational law — it contains placeholder provisions ('should include', 'to be defined') indicating it's designed to be enacted by states/territories","Multiple cross-references to external bodies and legislation: National Transport Commission Act 2003, Australian Transport Council, Privacy Act 1988, and undefined 'relevant laws' in each jurisdiction","Conditional logic with nested exceptions in sections 15-16 (immediate suspension vs general suspension/cancellation with different procedural requirements)","Dual-track system creating parallel administrative structures: national schemes vs non-national schemes with different approval authorities (Australian Transport Council vs accrediting agency)","Delegation provisions allowing cross-jurisdictional power transfer (section 9)","Approximately 8 defined terms in the model provisions, but with notes indicating more would be added in actual enacted versions","Extensive use of 'prescribed by regulations' placeholders, pushing substantive detail to secondary legislation not included in this instrument"],"plain_english_summary":"This law creates a national model for Alternative Compliance Schemes allowing heavy‑vehicle operators to use audited, operator-designed systems instead of prescriptive road rules for fatigue, mass and maintenance (with scope to add more areas). Accredited operators must demonstrate effective systems; accreditors approve, monitor, and can suspend or cancel accreditation.\n\nIt affects transport operators, drivers who work under those systems, and accrediting agencies — aiming to boost efficiency while enforcing safety through audits and serious penalties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulations reproduce an existing legislative model (not previously enacted) approved in 1999 (Note to section 3) and set out the framework for alternative compliance schemes while leaving detailed scope and operational rules to regulations and business rules. They do not expand the primary model’s substantive scope but rely on subordinate instruments to fill key details."},"complexity_factors":["Wide administrative discretion for accrediting agencies to approve, set conditions, suspend or cancel accreditation (sections 7, 12, 15, 16).","Division of rule‑making and oversight between accrediting agencies and the Australian Transport Council (designation and national principles, standards and business rules) (sections 3, 4, 5).","Cross‑jurisdictional arrangements: delegation to another jurisdiction’s accrediting agency and mandatory recognition of national schemes (sections 9, 17).","Key operational details left to secondary instruments and business rules (fees, terms, prescribed matters, review procedures and documents) — large reliance on regulations and business rules (Primary text and ‘Secondary legislation’ list; sections 6, 10, 13, 21).","Different accreditation tests and evidentiary matters for scheme types (mass, fatigue, maintenance) and national vs non‑national standards (section 7).","Audit reliance and technical assessments in accreditation decisions, including use of external audit reports and skills/capability assessments (section 8).","Fees tied to commencement and administratively recoverable (membership administration fees; commencement linked to payment) (sections 11, 13).","Criminal offences for false or misleading statements and false representation of accreditation — compliance and enforcement risk for operators (sections 18, 19).","Privacy and information‑sharing obligations and review rights are required but are to be specified in subordinate regulations (section 21; Secondary legislation list)."],"plain_english_summary":"These Regulations publish a legislative model for “alternative compliance schemes” where road transport operators can be accredited by having audited management and operating systems (eg for fatigue, mass or maintenance) in place instead of meeting some prescriptive rules. Accrediting agencies approve, set conditions, charge administration fees and may suspend or cancel accreditation; the Australian Transport Council can set national principles, standards and business rules. Operators pay fees, adopt audited systems and face offences for false statements."}},"importantCases":[],"_links":{"self":"/api/acts/national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-","history":"/api/acts/national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-/history","analysis":"/api/acts/national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-/analysis","conflicts":"/api/acts/national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-/conflicts","importantCases":"/api/acts/national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-/important-cases","documents":"/api/acts/national-transport-commission-road-transport-legislation-alternative-compliance-schemes-regulations-/documents"}}