Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

"Account" means the Interstate Road Transport Account continued in existence by section 21.

"Australian Capital Territory" includes the Jervis Bay Territory.

"carriage of passengers or goods between prescribed places" means carriage of passengers or goods, in trade or commerce, between a place in a State and a place in another State.

"casual hiring agreement" means an agreement for taking a motor vehicle or trailer on hire where the agreement is of a kind ordinarily entered into by persons taking motor vehicles or trailers on hire intermittently as the occasion requires on an hourly, daily, weekly or monthly basis.

"charge means charge imposed by the Interstate Road" Transport Charge Act 1985 .

"COAG Reform Fund" means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008 .

"compliance plate" means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 .

"drive" , in relation to a motor cycle, means ride.

"federal operator's licence" means a licence granted under section 26.

"federal road safety standard" means a federal road safety standard declared under section 34.

"federal route" means a road in respect of which a determination under subsection 43A(1) is in force.

"goods" includes:

                     (a)  ships, aircraft and vehicles (including vehicles used on a railway);

                     (b)  animals (including fish);

                     (c)  minerals (including petroleum); and

                     (d)  gas.

"Governor" , in relation to the Northern Territory, means the Administrator of the Northern Territory.

"heavy motor vehicle" means a motor vehicle the designed maximum laden capacity of which is not less than 12 tonnes.

"insurance" includes participation in a scheme under a law of a State relating to motor vehicle accident compensation.

"leased" means let on hire under an agreement and includes:

                     (a)  a letting on hire that is described in the agreement as a lease; and

                     (b)  a letting on hire under a hire‑purchase agreement.

"long distance interstate fleet operator" means a person who carries on a business that involves the carriage by the person of goods or passengers by heavy motor vehicles between prescribed places that are more than 100 kilometres apart otherwise than under contracts for the carriage of goods or passengers.

"long distance interstate haulage contractor" means a person who carries on the business of entering into contracts for the carriage by the person or by another person of goods or passengers by heavy motor vehicles between prescribed places that are more than 100 kilometres apart.

"long distance interstate road transport business" means the business of:

                     (a)  a long distance interstate fleet operator;

                     (b)  a long distance interstate haulage contractor; or

                     (c)  a long distance interstate transport agent;

but does not include business included in a prescribed class of business.

"long distance interstate transport agent" means a person who, as an agent and for reward, arranges contracts for the carriage of goods or passengers by heavy motor vehicles between prescribed places that are more than 100 kilometres apart.

"monitoring device" means:

                     (a)  a standard monitoring device; or

                     (b)  a charge monitoring device.

"monitoring device record" means a document of the kind referred to in subparagraph 39(f)(i) or (g)(i) or first referred to in paragraph 39(h).

"motor vehicle" means a vehicle that uses or is designed to use volatile spirit, gas, oil, electricity or any other power (not being human or animal power) as the principal means of propulsion.

"MRC" (Mass Rating for Charging), in relation to a vehicle, means:

                     (a)  the maximum mass of the vehicle, including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle; or

                     (b)  in relation to a vehicle for which there is no compliance plate--its operating mass.

"owner" , in relation to a motor vehicle or trailer, means:

                     (a)  except in a case to which paragraph (b) or (c) applies--the owner for the time being of the motor vehicle or trailer;

                     (b)  in a case where the motor vehicle or trailer is leased:

                              (i)  if the motor vehicle or trailer is leased under a casual hiring agreement--the lessor for the time being of the motor vehicle or trailer;

                             (ii)  in any other case--the lessee for the time being of the motor vehicle or trailer;

                     (c)  in a case where the motor vehicle or trailer is subject to a security but is not leased--the person for the time being who has rights in the nature of an equity of redemption in respect of the motor vehicle or trailer.

"railway" includes tramway.

"registration" means registration under this Act, and includes re-registration under this Act.

"Regulatory Authority" means a Licensing Authority or a Registration Authority.

"road" means a road, street, lane or footpath (including a road, street, lane or footpath on or forming part of a bridge) or other place (whether or not similar to a road, street, lane or footpath) that is open to or used by the public.

"road safety matter" means any matter that is directed at:

                     (a)  preventing death or injury arising out of the use of a motor vehicle;

                     (b)  protecting persons from, or from risk of, death or injury arising out of the use of a motor vehicle;

                     (c)  preventing loss of or damage to property arising out of the use of a motor vehicle; or

                     (d)  protecting property from, or from risk of, loss or damage arising out of the use of a motor vehicle.

"standard monitoring device" means a device that meets the requirements specified in regulations made for the purposes of subsection 36(1).

"State" includes the Australian Capital Territory and the Northern Territory.

"State operator's licence" means a licence granted under a law of a State, being a licence of a kind that is declared by the regulations to be a State operator's licence for the purposes of this Act.

"trailer" means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

"vehicle" means any means of conveyance which runs on wheels but does not include:

                     (a)  any vehicle used on a railway; or

                     (b)  any vehicle that has an MRC equal to or less than 4.5 tonnes.

             (2)  Unless the contrary intention appears, a reference in this Act to a motor vehicle shall, where a trailer is attached to the motor vehicle, be read as including a reference to the motor vehicle and trailer.

             (3)  Where there are 2 or more joint owners or part owners of a motor vehicle or trailer, each joint owner or part owner shall be deemed to be, for the purposes of this Act, the owner of the motor vehicle or trailer.

             (4)  A reference in this Act to the re‑registration of a motor vehicle or trailer is a reference to the registration by way of renewal of an existing registration of the motor vehicle or trailer.

             (5)  A reference in this Act to driving a trailer is a reference to driving a motor vehicle to which the trailer is attached.

             (6)  For the purposes of this Act, where a motor vehicle is being towed, a person occupying the driver's seat of the motor vehicle shall be taken to be driving the motor vehicle.

             (7)  For the purposes of this Act, where a place is situated beyond a radius of 100 kilometres of another place, the places shall be taken to be more than 100 kilometres apart.

             (8)  A reference in this Act to a person carrying on business is a reference to a person carrying on business alone, in partnership with another person or otherwise.

             (9)  A reference in a provision of this Act to an approved form is a reference to a form approved by the Minister by writing for the purposes of the provision.

           (10)  A reference in this Act to a prescribed fee is a reference:

                     (a)  in a case where the fee relates to the performance of a function of a Regulatory Authority in respect of a State, being the Minister--the fee specified in the regulations made under this Act in respect of the performance of that function; or

                     (b)  in a case where the fee relates to the performance of a function of a Regulatory Authority in respect of a State, not being the Minister--the fee (if any) payable under a law of the State in respect of the performance of that function, not being a fee that exceeds the maximum fee specified in the regulations made under this Act in respect of the performance of that function.

           (11)  Despite subsection (10) but subject to section 4A, a prescribed fee must not exceed $100.

           (12)  A fee payable in respect of the performance of a function of a Regulatory Authority in respect of a State, not being the Minister, shall not be taken to be payable under this Act.

           (13)  For the purposes of this Act, a motor vehicle or trailer shall be taken to be registered under a law of Western Australia if a vehicle licence is in force under a law of that State in respect of the motor vehicle or trailer.

           (14)  For the purposes of this Act, the designed maximum laden capacity of a motor vehicle shall be ascertained in accordance with the regulations.