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2008 - 2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
House of Representatives
Road Transport Reform (Dangerous Goods) Repeal Bill 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure, Transport,
Regional Development and Local Government, the Honourable Anthony Albanese
MP.)
Road Transport Reform (Dangerous Goods)
Repeal Bill 2009
OUTLINE
The purpose of the Road Transport Reform (Dangerous Goods) Repeal Bill 2009
(the Bill) is to repeal the Road Transport Reform (Dangerous Goods) Act
1995. This will allow the ACT Government to implement the agreed model
dangerous goods transport legislation in accordance with the Inter-
Governmental Agreement for Regulatory and Operational Reform in Road, Rail
and Intermodal Transport (the Inter-Governmental Agreement) entered into
between the Commonwealth of Australia, the States and Territories.
The Inter-Governmental Agreement sets out principles and processes for
cooperation between the Commonwealth, States and Territories to progress
regulatory and operational reform for road, rail and intermodal transport,
in order to deliver and sustain nationally consistent transport outcomes.
Specifically, as a part of the process for cooperation between the
Commonwealth and the States and Territories, section 14.5 of the Inter-
Governmental Agreement provides that 'the Commonwealth, in agreement with
the Australian Capital Territory (ACT) and other relevant Parties will, as
soon as is practicable, repeal any Road Transport Legislation that has been
enacted by the Commonwealth on behalf of the ACT'.
The current Dangerous Goods Act was enacted by the Commonwealth on behalf
of the ACT. The Road Transport Reform (Dangerous Goods) Act 1995 was a
'template' legislative approach designed to deliver nationally consistent
provisions for the transport of dangerous goods by enabling all other
jurisdictions to adopt or reference the national legislation within their
respective legislative arrangements.
The Inter-Governmental Agreement now specifies that agreed national reforms
in the form of 'model' legislation will be implemented by all
jurisdictions, including the ACT, within their own legislative frameworks,
removing the reliance on overarching template legislation.
Repealing the Act will remove the legislative barrier to the ACT
implementing the new dangerous goods model legislation, and the updated 7th
edition of the Australian Dangerous Goods Code, within their legislative
framework in the same manner as the other States and Territories.
FINANCIAL IMPACT STATEMENT
There is no financial impact on the Australian Government.
REGULATION IMPACT STATEMENT SUMMARY
A Regulation Impact Statement was prepared by the National Transport
Commission as part of the process of developing the new dangerous goods
reform package. A separate RIS has not been completed for this repeal as it
will not have any significant regulatory impact.
NOTES ON CLAUSES
Clause 1: Short Title
This clause provides for the Act to be called the Road Transport Reform
(Dangerous Goods) Repeal Act 2009.
Clause 2: Commencement
Subclause 2 (1) provides that each of the provisions in the Bill specified
in column 1 of the table commences or is taken to have commenced in the
time specified in column 2.
The first provision of the table provides that sections 1 to 3 and anything
in the Act not elsewhere covered by the table comes into effect on the day
the Act receives Royal Assent.
The second provision of the table provides that schedule 1 comes into
effect on a day to be fixed by proclamation, however if any of the
provisions do not commence within six months beginning on the day that this
Act receives royal assent, they commence on the first day after the end of
that period. This provision commences on a date set by proclamation as the
ACT requires some flexibility with the commencement date of the repeal, to
suit their legislative processes and to ensure that a seamless transfer to
the new dangerous goods transport provisions occurs.
Clause 3: Schedules
This clause specifies that the Act that is specified in the schedule to
this Act is repealed in the way described in the schedule.
Schedule 1 - Repeal of the Road Transport Reform (Dangerous Goods) Act 1995
Item 1 repeals the whole of the Road Transport Reform (Dangerous Goods) Act
1995.
PART 2 - TRANSITIONAL PROVISIONS
2 - Pre-commencement offences
Sub-item(1) (a) (b) and (c) specify that despite the repeal of the Road
Transport Reform (Dangerous Goods) Act 1995 that the Act continues to apply
in relation to an offence committed before the commencement of this repeal,
or for proceedings for an offence alleged to have been committed before the
commencement of this item, or for any matter connected with or arising out
of such proceedings.
Sub-item (2) specifies that sub-item 1 does not limit the operation of
Section 8 of the Acts interpretation Act 1901.
3 - Recovery of costs of government actions
This provision specifies that despite the repeal, Section 44 of the Act,
that allows for the recovery of costs of government actions, continues to
apply in relation to an incident that occurred before the commencement of
this item.
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4 - Liability for pre-commencement acts and omissions
This provision specifies that sections 48 and 49 continue to apply in
relation to an act or omission that occurred before the commencement of
this item.
5 - Laws of the Australian Capital Territory
This provision clarifies, to avoid any doubt, that a law of the ACT may
make provision in relation to transitional matters arising from this
repeal.
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