1
Name of Regulations
1 Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006.
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This model Bill sets out a national system for enforcing road‑transport laws for heavy vehicles, creating a chain‑of‑responsibility that can hold drivers, operators and others in the transport chain (packers, loaders, consignors, consignees) accountable for safety, mass and dimension breaches. It gives authorised officers and police inspection and enforcement powers, establishes risk‑based responses and penalties (including commercial‑benefit penalties), and aims to improve safety and protect infrastructure through consistent cross‑jurisdictional rules.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006.
These Regulations are the National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of a Bill for an Act, about compliance with, and enforcement of, road law.
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).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
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.
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.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the former National Road Transport Commission and approved by the Australian Transport Council on 3 November 2003 (but never actually enacted). It has been reformatted somewhat but is otherwise unaltered.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the National Transport Commission (Road Transport Legislation—Compliance and Enforcement Bill) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of a Bill for an Act, about compliance with, and enforcement of, road law.
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).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
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.
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.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the former National Road Transport Commission and approved by the Australian Transport Council on 3 November 2003 (but never actually enacted). It has been reformatted somewhat but is otherwise unaltered.
A Bill for an Act to make provision for compliance with, and enforcement of, certain laws that form part of the system of nationally consistent road transport laws
Enacting formula
(1) This Act may be cited as the Road Transport Reform (Compliance and Enforcement) Act 2003. (2) The purpose of this Act is to make provision for compliance with, and enforcement of, certain laws that form part of the system of nationally consistent road transport laws.
This Act commences on a day or days to be appointed by proclamation.
Drafting note: Commencement of the legislation in a jurisdiction will be as determined by the jurisdiction.
(1) The general objects of this Act are: (a) to improve road transport safety; and (b) to minimise adverse impacts of road transport on roads, bridges and road infrastructure; and (c) to minimise adverse impacts of road transport on the environment; and (d) to minimise adverse impacts of road transport on the community; and (e) to promote effective and efficient observance of requirements of road transport law. (2) The particular objects of this Act are: (a) to provide a system that encourages effective and efficient compliance with requirements of road transport law; and (b) to provide a system that: (i) promotes improved outcomes for road safety, the environment, road infrastructure and traffic management; and (ii) reduces unfair competitive advantage; through improved compliance with and accountability for requirements of road transport law; and (c) to provide an effective, efficient and equitable scheme for the enforcement of requirements of road transport law; and (d) to recognise a chain of responsibility of parties who have a role in the transport of goods or passengers by road and to make the parties accountable for their acts and omissions; and (e) to confer powers to promote safety in the use of vehicles in road transport. (3) It is the intention of Parliament that the objects of this Act will be achieved in the context of nationally consistent road transport laws, and in particular in the context of nationally consistent compliance and enforcement laws, having regard to regional differences.
This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.
Note: Commonwealth legislation could contain the following provisions:
(1) It is intended that a corresponding law of a State or of the Northern Territory will bind the Crown in all its capacities.
(2) For that purpose, a corresponding law of a State or of the Northern Territory may bind the Crown in right of the Commonwealth.
(1) This Act contains provisions relating to compliance with and enforcement of certain Australian road laws in this jurisdiction, so far as those laws relate to heavy vehicles or heavy combinations or both.
Drafting note: The Bill in its current form applies to heavy vehicles and heavy combinations. It could, at a later time, be extended to light vehicles. Some jurisdictions may choose to apply some or all of the provisions to light vehicles, rather than have different legal regimes.
(2) Accordingly, in this Act (except in the provisions referred to in subsection (3)) references to vehicles or combinations are taken to be references to heavy vehicles or heavy combinations. (3) The excepted provisions are as follows: (a) the definitions of garage address, motor vehicle and trailer in section 6 (Definitions); (b) section 162 (Averments); (c) section 163 (Certificate evidence); (d) section 167 (Evidence not affected by nature of vehicle or combination); (e) section 173 (Indemnity not affected by certain matters); (f) provisions specified in regulations made for the purposes of this subsection. (4) References in this Act to a vehicle include a heavy vehicle that forms part of a combination of heavy vehicles and light vehicles.
Drafting note: Subclause (3)(f) may be omitted if all provisions are identified in other paragraphs of the subclause.
(1) In this Act, unless the contrary intention appears:
approved road transport compliance scheme means a scheme, agreement or arrangement that:
(a) is prescribed by the regulations; or
(b) is identified by, or is of a class identified by, the regulations;
and that makes provision for compliance with and enforcement of any Australian road laws, including (for example) a scheme, agreement or arrangement that provides for: (c) a system of accreditation‑based compliance; or (d) an intelligent transport system; or (e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance‑based standards.
Australian Authority means the Authority or a corresponding Authority.
Australian police officer means:
(a) a police officer; or
(b) a member (however described) of the police force or police service of another jurisdiction.
Australian road law means a road law or a corresponding road law.
Australian road law offence means an offence against an Australian road law.
authorised officer means a person appointed as an authorised officer, or of a class of persons appointed as authorised officers, under section 14 (Authorised officers).
Authority means [name or description of the local registration authority or other appropriate authority].
base of a driver—see section 12 (Driver’s base).
body corporate includes the Crown in any capacity and any body or entity that is not an individual.
capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes:
(a) its GCM and GVM; and
(b) its speed capabilities.
combination means a group consisting of a motor vehicle connected to one or more other vehicles.
commercial benefits penalty order means an order under Division 4 of Part 6.
compensation order means an order under Part 7.
condition includes a restriction.
conduct means an act, an omission to perform an act or a state of affairs.
consignee of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or
(b) actually receives the goods after completion of their transport by road;
but does not include a person who merely unloads the goods.
consignor of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or
(b) if paragraph (a) does not apply to the person or anyone else:
(i) engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(ii) has possession of, or control over, the goods immediately before the goods are transported by road; or
(iii) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or
(c) if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia—imports the goods.
container weight declaration means a declaration referred to in Division 7 of Part 4, and includes a copy of such a declaration or a version of such a declaration in electronic or other form.
contravene includes fail to comply with.
corresponding Authority means:
(a) the Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)); or
(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act.
corresponding law means:
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
corresponding road law means a road law as defined in a corresponding law.
declared route means a road, or a part of a road, declared under section 180 (Declared zones and routes) to be a declared route for the purposes of this Act.
declared zone means a zone declared under section 180 (Declared zones and routes) to be a declared zone for the purposes of this Act.
depot includes a base of operations.
dimension requirement means a requirement of an Australian road law that relates to the dimensions of a vehicle or combination or a load or component of a vehicle or combination, including (for example):
(a) the dimensions of a vehicle or combination, disregarding its load (if any); or
(b) the dimensions of a vehicle or combination including its load; or
(c) the dimensions of the load on a vehicle or combination; or
(d) the internal measurements of a vehicle or combination, including (for example) the distance between:
(i) components of a vehicle or combination; or
(ii) vehicles in a combination; or
(iii) a vehicle in a combination and a component of another vehicle in the combination.
drive includes to be in control of a vehicle or combination.
driver of a vehicle or combination includes:
(a) a two‑up driver of the vehicle or combination who is present in or near the vehicle or combination; and
(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit.
driver licence means:
(a) a driver licence \[or learner permit\] issued under a road law and that is current; or
(b) a licence or permit to drive a motor vehicle issued elsewhere, while a road law exempts the holder of the licence or permit from holding a driver licence issued under that road law; or
(c) a licence, permit or other document of a kind prescribed by the regulations.
employee means an individual who works under a contract of employment, apprenticeship or training.
employer means a person who employs persons under:
(a) contracts of employment, apprenticeship or training; or
(b) contracts for services.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination.
extract from a record, device or other thing else means a copy of any information contained in the record, device or other thing.
formal warning means a warning under Division 2 of Part 5.
freight container means:
(a) a re‑usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or
(b) a re‑usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or
(c) a container of a kind prescribed by the regulations;
but does not include anything declared by the regulations to be excluded from this definition.
garage address of a vehicle means:
(a) in the case of a heavy vehicle that is normally kept at a depot when not in use—the principal depot of the vehicle; or
(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use:
(i) where the vehicle has only one registered operator—the home address of the registered operator; or
(ii) where the vehicle has more than one registered operator—each of the home addresses of the registered operators; or
(c) in the case of a vehicle that is not a heavy vehicle—the place nominated by the applicant for registration of the vehicle as the place where the vehicle is normally kept.
Drafting note: It may be that paragraph (c) is not needed at this stage, given the current application of the Bill to heavy vehicles and heavy combinations.
GCM (gross combination mass) of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(b) as specified by the Authority if:
(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified.
Drafting note: This refers to the vehicle’s “rating” as specified by the manufacturer (or by the Authority in default). It does not refer to the “legal entitlements” of the vehicle, nor its actual mass as measured. It is assumed that, in the case of an SPV (special purpose vehicle) and a passenger‑carrying vehicle for which the manufacturer does not specify a GCM, the Authority will assign a GCM. Similar considerations apply to the definition of GVM.
goods includes:
(a) animals (whether alive or dead); and
(b) a container (whether empty or not);
but does not include: (c) people; or (d) fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(b) as specified by the Authority if:
(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle ha
This is an opening excerpt, not the complete document.