Part 4Administrative provisions

An Act to establish a National Road Transport Commission ## Part 1—Preliminary ##### 1 Short title \[see Note 1\] This Act may be cited as the National Road Transport Commission Act 1991. ##### 2 Commencement \[see Note 1\] This Act commences on the day on which it receives the Royal Assent. ##### 3 Interpretation In this Act, unless the contrary intention appears: > Agreement means the Heavy Vehicles Agreement or the Light Vehicles Agreement. > Australian Transport Council means the council of Commonwealth, New Zealand, State, Northern Territory and Australian Capital Territory Ministers known as the Australian Transport Council, constituted for the purposes of this Act and the Agreements so that each of those jurisdictions is represented by a single Minister. > Chairperson means the Chairperson of the Commission. > Chief Executive Officer means the Chief Executive Officer of the Commission. > Commission means the National Road Transport Commission established by section 4. > Deputy Chairperson means the Deputy Chairperson of the Commission. > First Heavy Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 1A. > First Light Vehicles Amending Agreement means the agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, being the agreement the form of which is set out in Schedule 2A. > head of government, in relation to a party to an Agreement, means: (a) in the case of the Commonwealth—the Prime Minister; or (b) in the case of a State—the Premier of the State; or (c) in the case of a Territory—the Chief Minister of the Territory. > Heavy Vehicles Agreement means the Original Heavy Vehicles Agreement, as amended by: (a) the Original Light Vehicles Agreement; and (b) the First Heavy Vehicles Amending Agreement. > Light Vehicles Agreement means the Original Light Vehicles Agreement, as amended by the First Light Vehicles Amending Agreement. > member means a member of the Commission. > New Zealand member means the member (if any) appointed in accordance with a request made by New Zealand under subsection 6(3). > ordinary member means a member of the Commission other than the Chief Executive Officer. > Original Heavy Vehicles Agreement means the agreement: (a) made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory; and (b) acceded to by the Northern Territory on 15 May 1992; being the agreement a copy of which is set out in Schedule 1. > Original Light Vehicles Agreement means the agreement: (a) made on 11 May 1992 between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Northern Territory and the Australian Capital Territory; and (b) acceded to by Western Australia on 27 July 1992; and (c) acceded to by Tasmania on 28 August 1992; being the agreement a copy of which is set out in Schedule 2. > staff member means: (a) the Chief Executive Officer; or (b) a member of the staff referred to in section 31; or (c) a person employed under section 32; or (d) any of the officers, employees and persons who, under section 33, are to assist the Commission. > TTMRA road vehicle standard means a trans‑Tasman road vehicle standard referred in paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory. > Note 1: Paragraph 4.2 of Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that road vehicles certified as meeting trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand. > Note 2: Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement provides that Australia and New Zealand are to pursue a Co‑operation Programme. The Co‑operation Programme is to develop a body of internationally harmonised standards to form the basis of a set of trans‑Tasman road vehicle standards. The Co‑operation Programme is also to develop consistent conformance assessment and certification requirements. ## Part 2—Establishment and membership of the National Road Transport Commission ##### 4 Establishment of National Road Transport Commission (1) A National Road Transport Commission is established. (2) The Commission: (a) is a body corporate with perpetual succession; and (b) is to have a common seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued. (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. (4) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and (b) presume the imprint was duly made. ##### 5 Membership of Commission (1) The Commission consists of: (a) the Chief Executive Officer; and (b) 5 ordinary members. (2) The Commission may perform its functions and exercise its powers unless there is more than 2 vacancies in the Commission’s membership. ##### 6 Appointment of ordinary members (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council. (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if: (a) there is in force a declaration under subsection (4); and (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and (c) the person will fill a vacancy in the membership of the Commission; and (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection. (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission. (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36. (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard. (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. ##### 7 Chairperson and Deputy Chairperson of Commission (1) The Governor‑General is to appoint, on the nomination of the Australian Transport Council, a Chairperson and a Deputy Chairperson of the Commission from among the ordinary members. (2) A nomination of an ordinary member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. (3) The ordinary member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be an ordinary member. ## Part 3—Functions and powers of Commission ##### 8 Functions and powers of Commission (1) The Commission has the following functions and powers: (a) the functions and powers that an Agreement provides for it to have; (b) functions and powers conferred on it by or under this Act (other than this section); (c) functions and powers conferred on it by or under other laws of the Commonwealth; (d) functions and powers expressed to be conferred on it by or under a law of a State or Territory; (e) functions and powers that are, with the consent of the Australian Transport Council, conferred on the Commission by writing signed by the Minister; (f) functions and powers that are, with the consent of the Australian Transport Council, expressed to be conferred on the Commission by writing signed by: (i) a Minister of the Crown of a State; or (ii) a Minister of a Territory. (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions. (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f). (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreements (so far as applicable) and is to comply in all respects with the provisions of the Agreements that are applicable to it. ##### 9 Reports and advice to be provided to the Australian Transport Council (1) The Commission is to provide to the Australian Transport Council such reports relating to the performance or exercise of the Commission’s functions or powers as the Australian Transport Council directs. (2) The Australian Transport Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Australian Transport Council. (3) A direction under subsection (1) or (2) is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. ##### 10 Consultation 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: (a) governments and government bodies; and (b) representatives of industries, including the road transport industry; and (c) representatives of people who live in rural or remote areas of Australia; and (d) other interested people, bodies and organisations. ##### 10A Commission’s objectives (1) In the performance of its functions and the exercise of its powers, the Commission must have regard to the following: (a) the principles set out in Recital C of the Heavy Vehicles Agreement; (b) the objectives set out in Recital D of the Heavy Vehicles Agreement; (c) the objectives set out in Recital C of the Light Vehicles Agreement. (2) Subsection (1) does not limit the matters to which the Commission may have regard. ##### 10B Noise or emission standards—consultation with the National Environment Protection Council (1) This section applies to a noise or emission standard relating to the design, construction or technical characteristics of new or in‑service motor vehicles, where the Commission is involved in the development of the standard. (2) The standard may only be developed in conjunction with the National Environment Protection Council. ##### 11 Committees (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. (2) A committee may be constituted: (a) wholly by members; or (b) wholly by persons who are not members; or (c) partly by members and partly by other persons. (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. (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. ## Part 4—Administrative provisions ### Division 1—Provisions relating to members ##### 12 Ordinary members hold office on part‑time basis The ordinary members hold office on a part‑time basis. ##### 13 Term of appointment not to exceed 3 years An ordinary member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member. ##### 14 Remuneration and allowances of ordinary members (1) The ordinary members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Australian Transport Council. (2) An ordinary member is to be paid such allowances as are determined by the Australian Transport Council. (3) A determination by the Australian Transport Council under subsection (1) or (2): (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (4) Remuneration and allowances payable to an ordinary member under this section are to be paid out of the money of the Commission. (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act. ##### 15 Ordinary members may receive other benefits (1) In addition to remuneration and allowances under section 14, an ordinary member is to be provided with such other benefits (if any) as the Australian Transport Council determines. (2) A determination under subsection (1): (a) must be made by writing signed by a majority of the members of the Australian Transport Council; and (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (3) The benefits in respect of which the Australian Transport Council may make a determination under subsection (1) are such benefits as the Australian Transport Council considers are necessary or desirable to assist an ordinary member in, or place the ordinary member in a position that may facilitate, the performance of his or her functions. (4) Benefits provided to an ordinary member under this section are to be provided, or paid for, out of the money of the Commission. ##### 16 Leave of absence The Australian Transport Council may, by resolution carried in accordance with the Heavy Vehicles Agreement, grant a member leave of absence from a meeting of the Commission. ##### 17 Resignation An ordinary member may resign by writing signed by the member and delivered to the Governor‑General. ##### 18 Termination of appointment (1) The Governor‑General may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity. (2) If an ordinary member (other than the New Zealand member): (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or (b) contravenes section 25 without reasonable excuse; the Governor‑General may terminate the appointment of the member. (2A) If the New Zealand member: (a) is absent from 3 consecutive TTMRA road vehicle standard meetings, except on leave granted under section 16; or (b) contravenes section 25 without reasonable excuse; the Governor‑General may terminate the appointment of the member. (3) The Governor‑General must not terminate the appointment of a member under subsection (1), (2) or (2A) unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment. (4) The Governor‑General must terminate the appointment of the New Zealand member if: (a) New Zealand requests the Australian Transport Council to recommend the termination of the member’s appointment; and (b) the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, recommended the termination of the member’s appointment. (5) The Australian Transport Council must make a recommendation under paragraph (4)(b) if requested to do so by New Zealand under paragraph (4)(a). (6) Subsection (4) does not, by implication, limit subsection (1) or (2A). (7) In this section: > TTMRA road vehicle standard meeting means a meeting of the Commission at which there is voting on a matter relating to: (a) a TTMRA road vehicle standard; or (b) a proposed TTMRA road vehicle standard. ##### 19 Terms and conditions not provided for by Act An ordinary member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement. ##### 20 Acting appointments (1) The Deputy Chairperson is to act as the Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office. (2) The Australian Transport Council may appoint a person to act in the office of an ordinary member: (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or (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. (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Australian Transport Council. (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months. (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that: (a) the occasion for the person’s appointment to act had not arisen; or (b) there is a technical defect or irregularity in connection with the person’s appointment; or (c) the person’s appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. ### Division 2—Meetings ##### 21 Convening of meetings (1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions. (2) The Chairperson: (a) may, at any time, convene a meeting of the Commission; and (b) must convene a meeting of the Commission if requested to do so by writing signed by at least 2 other ordinary members. (3) For the purposes of the application of paragraph (2)(b) to a particular meeting, the New Zealand member is not to be counted unless the meeting is to consider a matter relating to: (a) a TTMRA road vehicle standard; or (b) a proposed TTMRA road vehicle standard. ##### 22 Procedure at meetings (1) The Chairperson is to preside at all meetings at which he or she is present. (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside. (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings. ##### 22A Resolutions without meetings (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). > Note: Sufficient number of members is defined by subsection (3). (2) Subsection (1) does not apply unless the Commission: (a) determines that it applies; and (b) determines the method by which ordinary members are to indicate agreement with the resolution. (3) In this section: > sufficient number of members, in relation to a resolution, means a majority of the number of ordinary members who would have been entitled to vote on the resolution at a meeting of the Commission if they had been present at the meeting. ##### 23 Quorum (1) At a meeting, 3 ordinary members constitute a quorum. (2) The New Zealand member is not to be counted in determining whether there is a quorum during so much of a meeting as relates to the consideration of a matter other than: (a) a matter relating to a TTMRA road vehicle standard; or (b) a matter relating to a proposed TTMRA road vehicle standard. ##### 23A Voting on matters relating to TTMRA road vehicle standards—presence of New Zealand nominee (1) In this section: > New Zealand nominee means: (a) if there is a New Zealand member—that member; or (b) if paragraph (a) does not apply, but New Zealand nominates an ordinary member to represent its interests in relation to TTMRA road vehicle standards—that member. (2) If there is a New Zealand nominee, a matter relating to a TTMRA road vehicle standard, or to a proposed TTMRA road vehicle standard, must not be voted on at a meeting of the Commission unless: (a) the New Zealand nominee is present throughout so much of the meeting as relates to the consideration of that matter; or (b) both: (i) the New Zealand nominee is not present throughout so much of the meeting as relates to the consideration of that matter; and (ii) each ordinary member has been given at least 14 days notice that the matter, or a related matter, is to be considered at the meeting. ##### 24 Voting at meetings (1) At a meeting, all questions are to be decided by a majority of votes of the ordinary members present and voting. (2) The New Zealand member is not entitled to vote on a question in connection with a matter unless the matter relates to: (a) a TTMRA road vehicle standard; or (b) a proposed TTMRA road vehicle standard. ##### 25 Disclosure of interests (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission. (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Australian Transport Council otherwise determines by resolution carried in accordance with the Heavy Vehicles Agreement, the member must not: (a) be present during any deliberation of the Commission in relation to the matter; or (b) take part in any decision of the Commission in relation to the matter. ## Part 5—Chief Executive Officer, staff and consultants ### Division 1—Chief Executive Officer ##### 26 Chief Executive Officer (1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Australian Transport Council on the recommendation of the Commission. (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission. (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission. ##### 27 Remuneration and allowances (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. (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission. (3) A determination by the Commission does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement. (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission. (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act. ##### 28 Chief Executive Officer may receive other benefits (1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing. (2) A determination does not have effect unless it has been approved by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement. (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions. (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. ##### 29 Leave of absence (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. (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. ##### 30 Terms and conditions not provided for by Act 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. ### Division 2—Staff and consultants ##### 31 Public service staff of Commission (1) Subject to this Division, the Commission’s staff are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and (b) the Chief Executive Officer is the Head of that Statutory Agency. ##### 32 Non‑public service staff (1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers. (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time. ##### 33 Staff seconded to the Commission (1) The Commission is to be assisted by: (a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and (b) persons whose services are so made available under arrangements made under subsection (2). (2) The Commission may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission’s functions or powers. ##### 34 Consultants (1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission. (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time. ## Part 6—Finance ##### 35 Payments to Commission by Commonwealth (1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission. (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission. ##### 36 Payments to Commission by States, Territories or New Zealand The Commission may receive money paid to it by a State, a Territory or New Zealand. ##### 37 Money of Commission The money of the Commission consists of: (a) money paid to the Commission under section 35; and (b) money received by the Commission under section 36; and (c) any other money paid to the Commission. ##### 38 Application of money of Commission The money of the Commission is to be applied only: (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 (b) in payment of any remuneration or allowances payable under this Act; and (c) in providing, or paying for, any other benefits that are to be provided under this Act. ##### 39 Estimates (1) The Commission is to prepare estimates, in such form as the Australian Transport Council directs, of the Commission’s receipts and expenditure for each financial year and, if the Australian Transport Council so directs, for any other period specified by the Australian Transport Council. (2) The Commission must submit estimates so prepared to the Australian Transport Council not later than such date as the Australian Transport Council directs. (3) Except with the consent of the Australian Transport Council, the money of the Commission must not be spent otherwise than in accordance with estimates of expenditure approved by the Australian Transport Council. (4) A direction, consent or approval for the purposes of this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. ##### 40 Application of the Commonwealth Authorities and Companies Act 199 (1) The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997. (2) Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act. (3) Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister’s Orders were references to requirements set out in a resolution of the Australian Transport Council passed in accordance with the Heavy Vehicles Agreement. (4) An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report. (5) A copy of each annual report given to the Minister must be given to each member of the Australian Transport Council as soon as practicable. ## Part 6A—Strategic plans ##### 41A Strategic plan for Commission (1) The Commission must prepare a draft strategic plan at least once a financial year and give it to the Australian Transport Council. (2) The Commission must consult the National Environment Protection Council in relation to the preparation of the draft plan. This subsection has effect in addition to, and not instead of, section 10. (3) If the draft plan is given to the Australian Transport Council, the Council must: (a) approve the draft plan; or (b) refuse to approve the draft plan. (4) If the Australian Transport Council refuses to approve the draft plan, the Council must direct the Commission to: (a) make such alterations to the draft plan as are specified in the direction; and (b) give the altered draft plan to the Council within the period specified in the direction. (5) The Commission must comply with a direction under subsection (4). (6) If: (a) the altered draft plan is given to the Australian Transport Council; and (b) the alterations are in accordance with the direction; the Council must approve the altered draft plan. (7) When the draft plan or altered draft plan, as the case may be, is approved by the Australian Transport Council, the draft plan or altered draft plan becomes a final strategic plan. (8) A final strategic plan is to be published by the Commission in such manner as the Commission determines. (9) An approval or direction under this section is to be given by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. ## Part 6B—Exemptions from uniform road transport legislation for defence‑related purposes ##### 41B National security and special circumstances exemptions—Australian Defence Force (1) The Minister may, by written instrument, declare that: (a) the Australian Defence Force; and (b) members of the Australian Defence Force; are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes. > Note 1: Defence‑related purpose is defined by subsection (6). > Note 2: Uniform road transport legislation is defined by section 41G. (2) An exemption under subsection (1) may be: (a) unconditional; or (b) subject to such conditions as are specified in the declaration. (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that: (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or (b) both: (i) a State or Territory has applied for protection against domestic violence; and (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or (c) both: (i) there is an emergency or disaster (whether natural or otherwise); and (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster. (4) A declaration under subsection (1) has effect accordingly. (5) If: (a) the Australian Defence Force has completed an activity or a series of activities; and (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia; the Chief of the Australian Defence Force must notify the State or Territory accordingly. (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following: (a) the defence of Australia; (b) the security of Australia; (c) the operation of the Australian Defence Force in connection with the defence of Australia; (d) the operation of the Australian Defence Force in connection with the security of Australia; (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force; (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations; (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection. ##### 41C National security and special circumstances exemptions—armed forces of foreign countries (1) The Minister may, by written instrument, declare that: (a) the armed forces of a specified foreign country; and (b) the members of that armed force; are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with operations of that armed force that are in accordance with an arrangement approved by the Australian Defence Force. (2) An exemption under subsection (1) may be: (a) unconditional; or (b) subject to such conditions as are specified in the declaration. (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that, because of special circumstances, it is in the interests of the security or defence of Australia to make the declaration. (4) A declaration under subsection (1) has effect accordingly. ##### 41D Limited exemptions—day‑to‑day operations of the Australian Defence Force (1) The Minister may, by written instrument, declare that: (a) the Australian Defence Force; and (b) members of the Australian Defence Force; are exempt from specified provisions of uniform road transport legislation in respect of anything done or omitted to be done in connection with the operation of the Australian Defence Force in relation to: (c) the defence of Australia; or (d) the security of Australia. (2) An exemption under subsection (1) may be: (a) unconditional; or (b) subject to such conditions as are specified in the declaration. (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that it is in the interests of the defence or security of Australia for the declaration to be made. (4) A declaration under subsection (1) has effect accordingly. (5) A declaration under subsection (1) has no effect unless the Australian Transport Council has, by resolution carried in accordance with the Heavy Vehicles Agreement, consented to the making of the declaration. (6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. ##### 41E Delegation (1) The Minister may, by writing, delegate to the Chief of the Defence Force all or any of the Minister’s powers under sections 41B and 41C. (2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister. ##### 41F Application of the Defence Act 1903 (1) Sections 41B, 41C and 41D of this Act have effect in addition to, and not instead of, anything in the Defence Act 1903. (2) Subsection 123(1) of the Defence Act 1903 does not apply to: (a) a permission (whether in the form of a licence or otherwise) under: (i) the Road Transport Reform (Mass and Loading) Regulations; or (ii) the Road Transport Reform (Oversize and Overmass Vehicles) Regulations; or (iii) the Road Transport Reform (Restricted Access Vehicles) Regulations; or (b) if a law of a State or Territory makes provision for a permission (whether in the form of a licence or otherwise) equivalent to a permission covered by paragraph (a)—that permission. ##### 41G Uniform road transport legislation For the purposes of this Part, each of the following laws is uniform road transport legislation: (a) the Road Transport Reform (Dangerous Goods) Act 1995; (b) the Road Transport Reform (Heavy Vehicles Registration) Act 1997; (c) the Road Transport Reform (Vehicles and Traffic) Act 1993; (d) if an Act relating to road transport declares that this section applies to the Act—that Act; (e) regulations under an Act referred to in paragraph (a), (b), (c) or (d); (f) so much of a law of a State or Territory as applies or adopts (with or without modification) the substance of any or all of the provisions of a law referred to in paragraph (a), (b), (c), (d) or (e). ## Part 7—Miscellaneous ##### 42 Delegation by Commission (1) Subject to subsection (2), the Commission may, by writing under its common seal, delegate all or any of its functions and powers to a person who is: (a) a member; or (b) a staff member; or (c) an officer or employee of the Commonwealth; or (d) an authority of the Commonwealth or an officer or employee of such an authority; or (e) an officer or employee of a State or Territory; or (f) an authority of a State or Territory or an officer or employee of such an authority. (2) The Commission must not delegate a function or power to a person, other than a member or a staff member, unless the Australian Transport Council has consented to the delegation by resolution carried in accordance with the Heavy Vehicles Agreement. ##### 43 Delegation by Australian Transport Council (1) The Australian Transport Council may delegate to a member of the Australian Transport Council all or any of the Australian Transport Council’s functions and powers under this Act. (2) A delegation is to be made by a resolution carried by all the members of the Australian Transport Council. (3) A delegation may be varied or revoked by a resolution carried by all the members of the Australian Transport Council. (4) If the Australian Transport Council delegates a function or power that is to be performed or exercised by resolution, the delegate is to perform or exercise the function or power by writing signed by the delegate. ##### 44 Acts done by Australian Transport Council (1) A certificate that: (a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and (b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion; is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion. (2) A certificate that: (a) purports to be signed by a member of the Australian Transport Council; and (b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1); is, upon mere production, receivable as prima facie evidence that the person is so authorised. (3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership. (4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with: (a) this Act; or (b) an instrument under this Act; or (c) an Agreement. (5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with: (a) this Act; or (b) an instrument under this Act; or (c) an Agreement. (6) In this section: > Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection. ##### 45 Regulations The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. ##### 47 Australian Transport Council to consider whether this Act should continue in force or be re‑enacted (1) At least 12 months before this Act is due to cease to be in force because of subsection 46(1), the Australian Transport Council must: (a) prepare a written report that contains a recommendation in accordance with subsection (2) and that sets out the Council’s reasons for making that recommendation; and (b) give a copy of the report to the head of government of each of the parties to an Agreement. (2) The report must contain either: (a) a recommendation that this Act should cease to be in force under subsection 46(1) and should not be re‑enacted; or (b) a recommendation that this Act should continue to be in force, or should be re‑enacted, for a further period not exceeding 6 years, subject to the making of such modifications (if any) as are set out in the report.