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National Transport Commission (Road Transport Legislation – Vehicles and Traffic Act) Amendment Regulations 2006 (No. 1)

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National Transport Commission (Road Transport Legislation — Vehicles and Traffic Act) Amendment Regulations 2006 (No. 1)1 Select Legislative Instrument 2006 No. 35
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003. Dated 15 February 2006 P. M. JEFFERY Governor-General By His Excellency’s Command JAMES ERIC LLOYD Minister for Local Government, Territories and Roads
1              Name of Regulations                 These Regulations are the National Transport Commission (Road Transport Legislation — Vehicles and Traffic Act) Amendment Regulations 2006 (No. 1). 2              Commencement                 These Regulations commence on the day after they are registered.
3              Road transport legislation — vehicles and traffic                 For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedules 1, 2 and 3 set out road transport legislation, in the form of amendments to an Act, about vehicles and traffic. Note 1   The road transport legislation set out in Schedules 1, 2 and 3 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 the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7. Note 4   These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4. Note 5   The text set out in Schedule 1 is that of Part 4 of Schedule 1 to the Transport Legislation Amendment Act (No. 2) 1995 (Act No. 89 of 1995) (the TLA Act). The Minister’s second reading speech in relation to the TLA Act was made in the Senate on 29 March 1995, and in the House of Representatives on 30 June 1995. The TLA Act received the Royal Assent on 20 July 1995. Note 6   The text set out in Schedule 2 is that of item 2 of Schedule 2 to the National Road Transport Commission Amendment Act 1998 (Act No. 82 of 1998) (the NRTCA Act). The Minister’s second reading speech in relation to the NRTCA Act was made in the House of Representatives on 8 April 1998, and in the Senate on 14 May 1998. The NRTCA Act received the Royal Assent on 2 July 1998. Note 7   The text set out in Schedule 3 is that of item 3 of Schedule 5 to the Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (Act No. 143 of 2001) (the TRSA Act). The Minister’s second reading speech in relation to the TRSA Act was made in the House of Representatives on 19 September 2001, and in the Senate on 26 September 2001. The TRSA Act received the Royal Assent on 1 October 2001. 4              Amendment of National Transport Commission (Road Transport Legislation — Vehicles and Traffic Act) Regulations 2006          (1)   Schedule 1 amends the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Vehicles and Traffic Act) Regulations 2006 as if a reference in Schedule 1 to a provision of the Road Transport Reform (Vehicles and Traffic) Act 1993 were a reference to the corresponding provision in that text.          (2)   Schedule 2 amends that text as so amended as if a reference in the Schedule to a provision of that Act were a reference to the corresponding provision in that text.          (3)   Schedule 3 amends that text, as amended by Schedules 1 and 2, as if a reference in the Schedule to a provision of that Act were a reference to the corresponding provision in that text.

Schedule 1        Text of Part 4 of Schedule 1 to the Transport Legislation Amendment Act (No. 2) 1995 (regulation 3 and subregulation 4 (1))    Part 4 — Amendment of the Road Transport Reform (Vehicles and Traffic) Act 1993 30 After section 2 Insert:
2A Status of this Act under Commonwealth and ACT laws
             (1)  For the purposes of the laws of the Commonwealth and the laws of the Australian Capital Territory, this Act is taken to be a law made by the Legislative Assembly for the Australian Capital Territory under subsection 22(1) of the Australian Capital Territory (Self-Government) Act 1988.              (2)  Subsection (1) does not empower the Legislative Assembly for the Australian Capital Territory to make a law amending or repealing this Act.              (3)  In this section: laws of the Commonwealth does not include:                      (a)  this section or section 3; or                      (b)  sections 31, 33 and 35 of the Australian Capital Territory (Self-Government) Act 1988.
Schedule 2        Text of item 3 of Schedule 2 to the National Road Transport Commission Amendment Act 1998 (regulation 3 and subregulation 4 (2)) Road Transport Reform (Vehicles and Traffic) Act 1993 3 Section 5 Repeal the section.
Schedule 3        Text of item 3 of Schedule 5 to the Transport and Regional Services Legislation (Application of Criminal Code) Act 2001 (regulation 3 and subregulation 4 (3)) Road Transport Reform (Vehicles and Traffic) Act 1993 3 At the end of Part 1 Add:
6A Criminal Code does not apply
                   Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, offences created by this Act.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.