Bills

Statutes Amendment (Heavy Vehicle Registration Fees) Bill

Introduction and First Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (15:35): Obtained leave and introduced a bill for an act to amend the Highways Act 1926; and the Motor Vehicles Act 1959. Read a first time.

Second Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (15:36): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Highways Act 1926 and the Motor Vehicles Act 1959. The amendments are intended to help meet South Australia's obligations as a participating jurisdiction in the national legislative regime for heavy vehicles, which are vehicles over 4.5 tonnes in gross vehicle mass.

On 10 February 2014 the Heavy Vehicle National Law (South Australia) Act 2013, which contains the national law as a schedule, came into operation. It provided for the creation of a national heavy vehicle regulator (the Regulator). In addition to South Australia, all Australian States and Territories, apart from Western Australia and the Northern Territory, are participants in this national heavy vehicle regulation regime.

As the registration chapter of the national law has not yet commenced, heavy vehicle registration still falls to state legislation. The registration fees are governed by model law that is adopted by participating jurisdictions. On 6 November 2015, amendments to the Heavy Vehicle Charges Model Law (1) were approved by the national Transport and Infrastructure Council (the Council), comprised of each State and Territory government's Transport and Infrastructure portfolio Ministers. For the first time, since 1 July 2016, heavy vehicle registration charges, as reflected in the Motor Vehicles (National Heavy Vehicles Registration Fees) Variation Regulations 2016 (the Regulations) made under the Motor Vehicles Act, have been calculated on the basis of components comprising a road user charge and a regulatory charge.

In addition, South Australia and other participating heavy vehicle national law jurisdictions have agreed that the regulatory revenue collected as part of their registration fees is to be transferred to the Regulator fund to meet each jurisdiction's share of the Council approved operating budget of the Regulator. This will provide the Regulator with an industry-sourced funding model to resource its important duties, which is now being collected by the Registrar of Motor Vehicles (Registrar) in this state.

The Bill amends section 31 of the Highways Act to ensure that the regulatory component of heavy vehicle registration fees collected or received by the Registrar is deducted from the registration fee monies due to be paid into the Highways fund. This revenue will instead be paid into the Regulator's Fund.

The amendments to the Motor Vehicles Act will require the transfer of this regulatory revenue collected by the Registrar from heavy vehicle registration fees to the Regulator's fund. The Bill also clarifies that any deduction resulting from concessional registration charges payable pursuant to sections 34 and 37 of the Act, for people living in remote areas and primary producers, is to be taken from the roads component, and not from the regulatory component of the fees. This ensures that the full amount of the regulatory component will be provided to the Regulator's Fund.

I commend the Bill to the House in order that South Australia can meet its national commitments to the Council and to the Regulator, to deliver agreed support for the national heavy vehicle regulation regime.

(1) Schedule 1 of the National Transport Commission (Model Heavy Vehicle Charges Act) Regulations 2008 (Cth)

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Highways Act 1926

3—Amendment of section 31—Highways Fund

This clause amends section 31 so that the Treasurer is not required to pay the regulatory component of registration fees collected or received in respect of heavy vehicles into the Highways Fund.

Part 3—Amendment of Motor Vehicles Act 1959

4—Insertion of section 28

This clause inserts new section 28.

28—Payments into National Heavy Vehicle Regulator Fund

Proposed section 28 requires the Registrar of Motor Vehicles to pay the regulatory component of registration fees collected or received in respect of heavy vehicles into the National Heavy Vehicle Regulator Fund in accordance with a scheme agreed with the National Heavy Vehicle Regulator.

Debate adjourned on motion of Mr Pisoni.