Schedule 1AFirst Heavy Vehicles Amending Agreement

# Schedule 1A–First Heavy Vehicles Amending Agreement FIRST HEAVY VEHICLES AMENDING AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA ALL STATES THE NORTHERN TERRITORY OF AUSTRALIA and THE AUSTRALIAN CAPITAL TERRITORY amending THE HEAVY VEHICLES AGREEMENT THIS FIRST HEAVY VEHICLES AMENDING AGREEMENT is made the day of 1998 BETWEEN: COMMONWEALTH OF AUSTRALIA STATE OF NEW SOUTH WALES STATE OF VICTORIA STATE OF QUEENSLAND STATE OF WESTERN AUSTRALIA STATE OF SOUTH AUSTRALIA STATE OF TASMANIA NORTHERN TERRITORY OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY RECITALS: A The parties, other than the Northern Territory of Australia, entered into an Agreement dated 30 July 1991 known as the Heavy Vehicles Agreement (“the Principal Agreement”); B The Northern Territory of Australia acceded to that Agreement on the 15 May 1992 so that it became on that date a Party; and C All the Parties to the Principal Agreement including the Northern Territory of Australia have unanimously decided to amend the Principal Agreement. NOW IT IS AGREED as follows: 1. This Agreement shall come into force on the date on which all parties have executed this Agreement. 2. The Principal Agreement is to be amended as follows: (a) Recital C is deleted and the following Recital inserted in its place: "The Heads of Government hereby affirm their continuing commitment to cooperatively implement reform of the national road transport regulatory and operating environment through a consultative inclusive arrangement. Accordingly the agreed principles are: improvements in road transport industry efficiency and productivity; improvements in road safety; minimisation of the adverse environmental impacts of road transport; encouragement and facilitation of innovation in the industry and its regulation; encouragement and facilitation of technological advancements in the industry, such as intelligent transport systems; improvements in regulatory efficiency and reductions in administrative costs; improvements in the effectiveness and efficiency of compliance arrangements; encouragement and facilitation of continuous improvement in the road transport regulatory environment (by, for example, monitoring and updating regulation as necessary); encouragement of continuous improvement in the performance of road and road transport authorities; facilitation of international harmonisation of vehicle standards; ensuring road transport reform facilitates effective intermodal linkages between road transport and other transport modes; having due regard to the impact of road transport reform upon road infrastructure; and having due regard to the impacts of road transport reform upon remote and rural areas.”; (b) by deleting from Recital G(f) the words “and Legislation”; (c) The following Recitals are added: “H Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement, entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory, and requiring Australia and New Zealand to pursue a Road Vehicle Cooperation Programme to develop a body of internationally harmonised standards to form the basis for Trans‑Tasman road vehicle standards and to develop consistent conformance assessment and certification requirements, provides that road vehicles certified as meeting Trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand. I Pending implementation of clause 8(1), the Parties wish to progressively apply the substance of the Commonwealth Road Transport Legislation as enacted from time to time. J The Parties are to develop and agree on rules which enable the Australian Defence Force to operate in a manner that is consistent , or, where appropriate, at variance, with the Road Transport Legislation.”; (d) by inserting into clause 2 the following definitions: “Australian Transport Council” means the Council of Commonwealth, New Zealand, State, Northern Territory of Australia and Australian Capital Territory Ministers established by Ministerial Agreement on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists, when dealing with matters with which this Agreement is concerned, of only one Minister in relation to each member of that Council; “COAG” means the Council of Australian Governments; “First Heavy Vehicles Amending Agreement” means the Agreement of that name entered into by the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; “New Zealand Minister” means the Minister in the New Zealand Government responsible for TTMRA road vehicle standards; “ordinary member” means a member of the National Commission other than the Chief Executive Officer; “the TTMRA road vehicle standards matters” means a Trans‑Tasman road vehicle standard, as it relates to Vehicles, referred to in Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory; (e) by adding at the end of the definition in clause 2 of “Commonwealth Act” the words “as amended from time to time”; (f) by amending the definition in clause 2 of “Voting Member” by adding the words “except New Zealand” to paragraphs (b) and (c) and inserting new paragraphs (ba) and (bb) as follows: “(ba) in relation to TTMRA road vehicle standards matters all members of the Australian Transport Council; (bb) in relation to a request from New Zealand that it have a member nominated by it on the National Commission, all members of the Australian Transport Council;”; (g) by adding the following as clause 3A: “3A. On and after the date on which the First Heavy Vehicles Amending Agreement comes into force, references in this Agreement to the expression “Ministerial Council” are to be read as references to the Australian Transport Council.”; (h) by deleting from clause 7(4) both the words “and the Commonwealth Road Transport Legislation submitted to the Appropriate Authority” and the word “six” and inserting in the place of the latter word the word “twelve”; (i) by inserting as the initial words of clause 8(1) the words “Subject to clauses 8A, 8B and 8C”; (j) by inserting the following clauses 8A, 8B and 8C: “8A. Prior to a decision by Heads of Government under clause 8B, each Party, other than the Commonwealth and the Australian Capital Territory, shall progressively apply the substance of the Commonwealth Road Transport Legislation as enacted or made from time to time so as to provide a uniform or consistent national operating environment for road transport. 8B. No later than three years after the execution of the First Heavy Vehicles Amending Agreement or such later time as agreed by the Australian Transport Council, the Australian Transport Council will consider and recommend to Heads of Government the preferred means of achieving a nationally uniform or consistent integrated road transport law and Heads of Government shall make their decision by unanimous vote, on the recommendation and any consequential amendments to this Agreement. 8C. Notwithstanding anything to the contrary in clause 8, uniform road transport legislation, as defined in section 41G of the Commonwealth Act, is not to apply to persons to the extent that they are exempted from that legislation under sections 41B, 41C or 41D of the Commonwealth Act .”; (k) by adding to clause 10 the following: “The Australian Transport Council is, on and from the date on which the First Heavy Vehicles Amending Agreement comes into force, to be and to exercise the functions and powers of the Ministerial Council for Road Transport which until then had been exercised by the Ministerial Council for Road Transport.”; (l) by deleting the full stop after clause 11(1) and adding the following: “and on and after the date on which the First Heavy Vehicles Amending Agreement comes into force, in relation to a matter concerning the TTMRA road vehicle standards, the New Zealand Minister.”; (m) by inserting the following words after the word “Legislation” in paragraph 12(a): “, and the TTMRA road vehicle standards,”; (n) by inserting after paragraphs 12 (a), (i) (j) and (l) respectively the following paragraphs: “(aa) recommend, to COAG that it agree a TTMRA road vehicle standard; (ia) receive and decide requests from New Zealand that New Zealand nominate a member of the National Commission; (ja) on the recommendation of the National Commission, appoint, or terminate the appointment of, the Chief Executive Officer of the National Commission; (la) give directions to the National Commission on its strategic plan; and by adding to paragraph 12(m) the words “and any application of the substance of the Commonwealth Road Transport Legislation pursuant to clause 8A”; (o) by adding to clause 13 the following sub‑clause: “(4) Notwithstanding anything to the contrary in this clause, where any meeting is to consider a matter concerning TTMRA road vehicle standards, notice of that meeting such as would be valid under clause 13(2) is to be given, and if the making of a recommendation to COAG on existing or proposed TTMRA road vehicle standards is to be considered, no vote on that recommendation is to occur unless such notice has been given.”; (p) by adding to clause 16 the following paragraph: “(ca) a matter referred to in paragraph 12(aa), where a recommendation shall be considered carried, unless it is disapproved within two months, or such lesser period as may be agreed unanimously by the Australian Transport Council, of its being submitted by the National Commission by a vote of a third or more of the Voting Members;”; (q) by inserting the following words after the word “Association” in sub‑clause 18(1): “and also, on and after the date on which the First Heavy Vehicles Amending Agreement comes into force, the Government of Papua New Guinea”; (r) by inserting the word “each” before the word “be” where it first occurs in sub‑clause 18(1); (s) by deleting the word “the” where it first appears in sub‑clause 18(2) and inserting in its place the word “either”; (t) by inserting the words “or only one person” after the word “person” in paragraph 18(3)(a); (u) by deleting the words “the person” and inserting the words “any person” in paragraph 18(3)(b); (v) by inserting in sub‑clause 20(1) immediately after the word “Legislation” where it first appears the words “and any application of the substance of the Commonwealth Road Transport Legislation pursuant to clause 8A” and also before the words “and the recommending” in that sub‑clause: “and facilitating the implementation of road transport reforms approved by the Australian Transport Council under clause 16”; (w) by inserting the following paragraphs after paragraph (a) of sub‑clause 20(1) the following: “(aa) amendments of the Road Transport Legislation; (ab) road transport reforms; (ac) recommendations to COAG on TTMRA road vehicle standards; (ad) the appointment, or termination of the appointment, of the Chief Executive Officer of the National Commission;”; (x) by deleting paragraph 20(1)(f); (y) by inserting clause 20A as follows: “20A. The National Commission shall pursue rigorous analysis of issues involved in road transport reform.”; (z) by inserting clauses 20B and 20C as follows: “20B. The National Commission, is in conjunction with the National Environment Protection Council, to develop for Vehicles national motor vehicle emission and noise standards. “20C. The National Commission is to undertake in relation to Vehicles the activities for which section 41A of the Commonwealth Act provides.”; (za) Paragraph 21(1)(b) is deleted and the following paragraph is inserted in its place: “consist of five ordinary members and a Chief Executive Officer of the National Commission. The ordinary members are to hold office on a part‑time basis; and”; (zb) by inserting the word “ordinary” before the word “members” in clauses 21(2), 21(3), and 22(2) and paragraph 12(j) and before the word “member” in clause 22(4) and by deleting from clause 21(5) the words “A member” and inserting the words “An ordinary member”; (zc) by adding the following words to clause 21(2): “which must, if New Zealand makes a request, include among those to be nominated by it as a member, a person whom New Zealand requests be so nominated and is the subject of a declaration under section 6(4) of the Commonwealth Act, if : (a) that person will fill a vacancy in the membership of the Commission; and (b) the nomination will not result in there being more than one member whose appointment is attributable to a request of that kind.”; (zd) by deleting from paragraph 21(5) the words “once only”; (ze) by deleting from clause 22(2) the word “two” and inserting in its place the word “three” and adding to that clause the following words: “and where on a person’s nomination being requested by New Zealand under sub‑clause 21(2) that person is so nominated and appointed, the quorum shall include, when the National Commission is considering TTMRA road vehicle standards matters, that person.”; (zf) by inserting in clause 27(1) after “Legislation” the words “and any application of the substance of the Commonwealth Road Transport Legislation pursuant to clause 8A”; (zg) by inserting clause 31A as follows: “31A. The National Commission may also receive funds from the government of New Zealand.”; (zh) Sub‑clause 38 (1) is amended by: (a) deleting the words “Six months” and inserting the words “Twelve months”; (b) deleting the words “and the Commonwealth Road Transport Legislation”; (c) deleting the words “National Commission” and inserting the words “Australian Transport Council”; (d) deleting the words “such legislation” and inserting the words “the Commonwealth Act and the Commonwealth Road Transport Legislation”; (e) deleting the words “the legislation” and inserting the words “the Commonwealth Act”; and (f) adding the words “and whether the Commonwealth Road Transport Legislation should be amended”. 3. The Principal Agreement is, save as amended above, confirmed in all other respects. IN WITNESS WHEREOF this First Heavy Vehicles Amending Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written. SIGNED by the Prime Minister of the ) Commonwealth of Australia, ) in the presence of: ) ) SIGNED by the Premier of the State ) of New South Wales, in the presence of: ) ) SIGNED by the Premier of the ) State of Victoria, in the presence of: ) ) SIGNED by the Premier of the ) State of Queensland, in the presence of: ) ) SIGNED by the Premier of the State ) of Western Australia, in the presence of: ) ) SIGNED by the Premier of the ) State of South Australia, in the ) presence of: ) SIGNED by the Premier of the ) State of Tasmania, in the presence of: ) ) SIGNED by the Chief Minister of the Northern ) Territory, in the presence of: ) ) SIGNED by the Chief Minister ) of the Australian Capital ) Territory, in the presence of: ) )