Schedule 2AFirst Light Vehicles Amending Agreement

# Schedule 2A—First Light Vehicles Amending Agreement FIRST LIGHT VEHICLES AMENDING AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA THE STATES THE NORTHERN TERRITORY OF AUSTRALIA and THE AUSTRALIAN CAPITAL TERRITORY amending THE LIGHT VEHICLES AGREEMENT THIS FIRST LIGHT 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 Western Australia and Tasmania, entered into an Agreement dated 11 May 1992 known as the Light Vehicles Agreement (“the Principal Agreement”); B The State of Western Australia acceded to that Agreement on or about the 27 July 1992 so that it became on that date a Party; C The State of Tasmania acceded to that Agreement on or about the 28 August 1992 so that it became on that date a Party; D All the initial Parties to the Principal Agreement and the States of Western Australia and Tasmania 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) by inserting the words “as amended” after the words “Recital C” in Recital C and adding at the end of that Recital the following: “Further, the Heads of Government hereby affirm their continuing commitment to cooperatively implement reform of the national road transport regulatory and operating environment through a consultative inclusive arrangement.”; (b) The following Recitals are added: “G Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement, entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory, and requiring Australia and New Zealand to pursue a Road Vehicle Cooperation Programme to develop a body of internationally harmonised standards to form the basis for Trans‑Tasman road vehicle standards and to develop consistent conformance assessment and certification requirements, provides that road vehicles certified as meeting Trans‑Tasman road vehicle standards will be able to be freely traded between Australia and New Zealand. H Pending implementation of clause 8(1), the Parties wish to progressively apply the substance of the Commonwealth Light Vehicle Transport Legislation as enacted from time to time. I The Parties are to develop and agree on rules which enable the Australian Defence Force to operate in a manner that is consistent , or, where appropriate, at variance, with the Light Vehicle Transport Legislation.”; (c) by inserting into clause 2 the following definitions: “amended Act” means the National Road Transport Commission Act 1991 as amended from time to time; “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 Light Vehicles Amending Agreement” means the Agreement of that name entered into by the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; “New Zealand Minister” means the Minister in the New Zealand Government responsible for TTMRA road vehicle standards; “the TTMRA road vehicle standards” means a Trans‑Tasman road vehicle standard, as it relates to Light Vehicles, referred to in Annex 4 to the Trans‑Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth, New Zealand, the States, the Northern Territory and the Australian Capital Territory; (d) by amending the definition in clause 2 of “Voting Member” by inserting the words “in relation to TTMRA road vehicle standards” after the word “means” and adding the words “but otherwise not including New Zealand” to the end of that definition; (e) by deleting sub‑clause 7(4); (f) by inserting as the initial words of clause 8(1) the words “Subject to clauses 8A, 8B and 8C”; (g) 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 Light Vehicle Transport Legislation as enacted or made from time to time so as to provide a uniform or consistent national operating environment for road transport. 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 amended Act, is not to apply to persons to the extent that they are exempted from that legislation under sections 41B, 41C or 41D of the amended Act.” (h) by inserting a new Part IVA as follows: “PART IVA ‑ MINISTERIAL COUNCIL 8D. On and from the date on which the First Light Vehicles Amending Agreement comes into force: (a) the Australian Transport Council is to be, and to exercise the functions and powers of, the Ministerial Council for Road Transport which until then had been exercised by the Ministerial Council for Road Transport; and (b) references in the Light Vehicles Agreement to the expressions “Ministerial Council” or “Ministerial Council established under the Heavy Vehicles Agreement” are to be read as references to the Australian Transport Council; and (c) that Council is also to consist, in relation to a matter concerning TTMRA road vehicle standards, of the New Zealand Minister.”; (i) by inserting the following words after the word “Legislation” in paragraph 9(a): “, and the TTMRA road vehicle standards,”; (j) by inserting after paragraph 9(a) the following paragraph: “(aa) recommend to COAG that it agree a TTMRA road vehicle standard;” and adding to paragraph 9(f) the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A”; (k) by adding to clause 10 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 sub‑clause 10(2) is to be given, and if the making of a recommendation to COAG on existing or proposed TTMRA road vehicle standards is to be considered, no vote on that recommendation is to occur unless such notice has been given.”; (l) by deleting clause 13 and inserting the following clause in its place: “13. The Ministerial Council will carry a resolution by a simple majority of Voting Members in favour of a resolution except in relation to a matter referred to in: (a) paragraphs 6(2)(b) and 7(2)(b) and clause 23 where the vote of all Voting Members in favour of the resolution shall cause the resolution to be carried; and (b) a matter referred to in paragraph 9(aa), where a recommendation shall be considered carried unless it is disapproved within two months, or such lesser period as may be agreed unanimously by the Australian Transport Council, of its being submitted by the National Commission by a vote of a third or more of the Voting Members.”; (m) by inserting the following words after the word “Association” in sub‑clause 15(1): “and also, on and after the date on which the First Light Vehicle Amending Agreement comes into force, the Government of Papua New Guinea”; (n) by inserting the word “each” before the word “be” where it first occurs in sub‑clause 15(1); (o) by deleting the word “the” where it first appears in sub‑clause 15(2) and inserting in its place the word “either”; (p) by inserting the words “or only one person” after the word “person” in paragraph 15(3)(a); (q) by deleting the words “the person” and inserting the words “ any person” in paragraph 15(3)(b); (r) by inserting in sub‑clause 17(1) immediately after the word “Legislation” where it first appears the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A” and also before the words “and the recommending” in that sub‑clause: “and facilitating the implementation of road transport reforms approved by the Australian Transport Council.”; (s) by inserting the following paragraphs after paragraph (a) of sub‑clause 17(1) the following: “(aa) amendments of the Light Vehicle Transport Legislation; (ab) road transport reforms; (ac) recommendations to COAG on TTMRA road vehicle standards;”; (t) by deleting paragraph 17(1)(c); (u) by inserting in sub‑clause 17(3) in place of the words “is to develop” the following words: “, known since the National Environment Protection Council Act 1994 came into force as the National Environment Protection Council, is to develop”; (v) by inserting sub‑clause 17(9) as follows: “(9) The National Commission is to undertake in relation to Light Vehicles the activities for which section 41A of the amended Act provides.”; (w) by inserting in clause 19 after “Legislation” the words “and any application of the substance of the Commonwealth Light Vehicle Transport Legislation pursuant to clause 8A”; (x) Sub‑clause 29(1) is amended by: (a) deleting the words “Six months” and inserting the words “Twelve months”; (b) deleting the words “and the Commonwealth Light Vehicle 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 amended Act and the Commonwealth Light Vehicle Transport Legislation”; (e) deleting the words “the legislation” and inserting the words “the amended Act”; and (f) adding the words “and whether the Commonwealth Light Vehicle Transport Legislation should be amended”; (y) by deleting from sub‑clause 29(3) the word “NRTC” and inserting the word “amended”. 3. The Principal Agreement is, save as amended above, confirmed in all other respects. IN WITNESS WHEREOF this First Light Vehicles Amending Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written. 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: ) )