NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARYSection 1. Short title 2. Commencement 3. Interpretation PART 2 - ESTABLISHMENT AND MEMBERSHIP OF THE NATIONAL ROAD TRANSPORT COMMISSION 4. Establishment of National Road Transport Commission 5. Membership of Commission 6. Appointment of members 7. Chairperson and Deputy Chairperson of Commission PART 3 - FUNCTIONS AND POWERS OF COMMISSION 8. Functions and powers of Commission 9. Reports and advice to be provided to the Ministerial Council 10. Consultation 11. Committees PART 4 - ADMINISTRATIVE PROVISIONS Division 1 - Provisions relating to members 12. Members hold office on part-time basis 13. Term of appointment not to exceed 3 years 14. Remuneration and allowances of members 15. Members may receive other benefits 16. Leave of absence 17. Resignation 18. Termination of appointment 19. Terms and conditions not provided for by Act 20. Acting appointments Division 2 - Meetings 21. Convening of meetings 22. Procedure at meetings 23. Quorum 24. Voting at meetings 25. Disclosure of interests PART 5 - CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS Division 1 - Chief Executive Officer 26. Chief Executive Officer 27. Remuneration and allowances 28. Chief Executive Officer may receive other benefits 29. Leave of absence 30. Terms and conditions not provided for by Act Division 2 - Staff and consultants 31. Public service staff of Commission 32. Non-public service staff 33. Staff seconded to the Commission 34. Consultants PART 6 - FINANCE 35. Payments to Commission by Commonwealth 36. Payments to Commission by States or Territories 37. Money of Commission 38. Application of money of Commission 39. Estimates 40. Application of Division 3 of Part XI of the Audit Act 41. Special provisions relating to reports etc. prepared under the Audit Act PART 7 - MISCELLANEOUS 42. Delegation by Commission 43. Delegation by Ministerial Council 44. Acts done by Ministerial Council 45. Regulations 46. Act ceases to be in force 6 years after commencement 47. Commission to consider whether this Act should continue in force or be re-enacted SCHEDULE AGREEMENT NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - LONG TITLE
An Act to establish a National Road Transport Commission NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - PART 1 PART 1 - PRELIMINARY
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 1 Short title
(Assented to 15 January 1992) 1. This Act may be cited as the National Road Transport Commission Act 1991. (Minister's second reading speech made in- House of Representatives on 14 November 1991 Senate on 19 December 1991) NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 2 Commencement

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2. This Act commences on the day on which it receives the Royal Assent. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 3 Interpretation
3. In this Act, unless the contrary intention appears: "Agreement" means the agreement made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory, a copy of which is set out in the Schedule; "Chairperson" means the Chairperson of the Commission; "Chief Executive Officer" means the Chief Executive Officer of the Commission; "Commission" means the National Road Transport Commission established by section 4; "Deputy Chairperson" means the Deputy Chairperson of the Commission; "head of government", in relation to a party to the Agreement, means: (a) in the case of the Commonwealth - the Prime Minister; or (b) in the case of a State - the Premier of the State; or (c) in the case of a Territory - the Chief Minister of the Territory; "member" means a member of the Commission; "Ministerial Council" means the Ministerial Council for Road Transport established by the Agreement; "staff member" means: (a) the Chief Executive Officer; or (b) a member of the staff referred to in section 31; or (c) a person employed under section 32; or (d) any of the officers, employees and persons who, under section 33, are to assist the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - PART 2 PART 2 - ESTABLISHMENT AND MEMBERSHIP OF THE NATIONAL ROAD TRANSPORT COMMISSION
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 4 Establishment of National Road Transport Commission
4.(1) A National Road Transport Commission is established. (2) The Commission: (a) is a body corporate with perpetual succession; and (b) is to have a common seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued. (3) The common seal of the Commission is to be kept in such custody as the Commission directs, and is not to be used except as authorised by the Commission. (4) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the common seal of the Commission appearing on a document; and (b) presume the imprint was duly made. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 5 Membership of Commission
5.(1) The Commission consists of 3 members. (2) The Commission may perform its functions and exercise its powers unless there is more than one vacancy in the Commission's membership. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 6 Appointment of members
6.(1) The members of the Commission are to be appointed by the Governor-General on the nomination of the Ministerial Council. (2) A nomination of a person for appointment as a member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement. (3) A person must not be appointed as a member if he or she has previously been appointed as a member on 2 occasions. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 7 Chairperson and Deputy Chairperson of Commission
7.(1) The Governor-General is to appoint, on the nomination of the Ministerial Council, a Chairperson and a Deputy Chairperson of the Commission from among the members. (2) A nomination of a member for appointment as the Chairperson or Deputy Chairperson is to be made by resolution of the Ministerial Council carried in accordance with the Agreement. (3) The member who is the Chairperson or Deputy Chairperson ceases to be the Chairperson, or the Deputy Chairperson, as the case may be, if he or she ceases to be a member. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - PART 3 PART 3 - FUNCTIONS AND POWERS OF COMMISSION
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 8 Functions and powers of Commission
8.(1) The Commission has the following functions and powers: (a) the functions and powers that the Agreement provides for it to have; (b) functions and powers conferred on it by or under this Act (other than this section); (c) functions and powers conferred on it by or under other laws of the Commonwealth; (d) functions and powers expressed to be conferred on it by or under a law
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of a State or Territory that is a party to the Agreement; (e) functions and powers that are, with the consent of the Ministerial Council, conferred on the Commission by writing signed by the Minister; (f) functions and powers that are, with the consent of the Ministerial Council, expressed to be conferred on the Commission by writing signed by: (i) a Minister of the Crown of a State that is a party to the Agreement; or (ii) a Minister of a Territory that is a party to the Agreement. (2) A consent for the purposes of paragraph (1)(e) or (f) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement. (3) The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions. (4) The Commission also has power to do acts in the Australian Capital Territory or the Jervis Bay Territory in the performance or exercise of a function or power expressed to be conferred as mentioned in paragraph (1)(d) or (f). (5) The Commission is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable) and is to comply in all respects with the provisions of the Agreement that are applicable to it. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 9 Reports and advice to be provided to the Ministerial Council
9.(1) The Commission is to provide to the Ministerial Council such reports relating to the performance or exercise of the Commission's functions or powers as the Ministerial Council directs. (2) The Ministerial Council may direct the Commission to provide advice about any matter related to the functions or powers of the Commission or of the Ministerial Council. (3) A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 10 Consultation
10. In the performance of its functions and the exercise of its powers, the Commission must, where it is appropriate and practicable to do so, consult with: (a) governments and government bodies; and (b) representatives of industries, including the road transport industry; and (c) representatives of people who live in rural or remote areas of Australia; and (d) other interested people, bodies and organisations. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 11 Committees
11.(1) The Commission may constitute committees for the purpose of assisting the Commission in the performance of its functions and the exercise of its powers. (2) A committee may be constituted: (a) wholly by members; or (b) wholly by persons who are not members; or (c) partly by members and partly by other persons. (3) The terms and conditions of appointment of members of a committee, and the procedures under which a committee is to operate, are to be as determined by the Commission from time to time. (4) Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - PART 4 PART 4 - ADMINISTRATIVE PROVISIONS
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - DIVISION 1 Division 1 - Provisions relating to members
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 12 Members hold office on part-time basis
12. The members hold office on a part-time basis. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 13 Term of appointment not to exceed 3 years
13. A member holds office for such period, not exceeding 3 years, as is specified in the instrument appointing the member. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 14 Remuneration and allowances of members
14.(1) The members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, are to be paid such remuneration as is determined by the Ministerial Council. (2) A member is to be paid such allowances as are determined by the Ministerial Council. (3) A determination by the Ministerial Council under subsection (1) or (2): (a) must be made by writing signed by a majority of the members of the Ministerial Council; and (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
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(4) Remuneration and allowances payable to a member under this section are to be paid out of the money of the Commission. (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 15 Members may receive other benefits
15.(1) In addition to remuneration and allowances under section 14, a member is to be provided with such other benefits (if any) as the Ministerial Council determines. (2) A determination under subsection (1): (a) must be made by writing signed by a majority of the members of the Ministerial Council; and (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (3) The benefits in respect of which the Ministerial Council may make a determination under subsection (1) are such benefits as the Ministerial Council considers are necessary or desirable to assist a member in, or place the member in a position that may facilitate, the performance of his or her functions. (4) Benefits provided to a member under this section are to be provided, or paid for, out of the money of the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 16 Leave of absence
16. The Ministerial Council may, by resolution carried in accordance with the Agreement, grant a member leave of absence from a meeting of the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 17 Resignation
17. A member may resign by writing signed by the member and delivered to the Governor-General. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 18 Termination of appointment
18.(1) The Governor-General may terminate the appointment of a member for misbehaviour or physical or mental incapacity. (2) If a member: (a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 16; or (b) contravenes section 25 without reasonable excuse; the Governor-General may terminate the appointment of the member. (3) The Governor-General must not terminate the appointment of a member unless the Ministerial Council has, by resolution carried in accordance with the Agreement, recommended the termination of the member's appointment. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 19 Terms and conditions not provided for by Act
19. A member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Ministerial Council by resolution carried in accordance with the Agreement. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 20 Acting appointments
20.(1) The Deputy Chairperson is to act as the Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office. (2) The Ministerial Council may appoint a person to act in the office of a member: (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the member is absent from Australia, or is, for any reason, unable to perform the duties of that office. (3) An appointment for the purposes of subsection (2) is to be made by resolution carried by at least two thirds of the members of the Ministerial Council. (4) A person acting under this section during a vacancy is not to continue to act for more than 12 months. (5) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that: (a) the occasion for the person's appointment to act had not arisen; or (b) there is a technical defect or irregularity in connection with the person's appointment; or (c) the person's appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - DIVISION 2 Division 2 - Meetings
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 21 Convening of meetings
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21.(1) The Commission is to hold such meetings as are necessary for the efficient performance of its functions. (2) The Chairperson: (a) may, at any time, convene a meeting of the Commission; and (b) must convene a meeting of the Commission if requested to do so by writing signed by the other 2 members. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 22 Procedure at meetings
22.(1) The Chairperson is to preside at all meetings at which he or she is present. (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside. (3) Subject to this Division, the Commission may regulate the conduct of proceedings at its meetings as it thinks fit and is to keep minutes of those proceedings. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 23 Quorum
23. At a meeting, 2 members constitute a quorum. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 24 Voting at meetings
24. At a meeting, all questions are to be decided by a majority of votes of the members present and voting. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 25 Disclosure of interests
25.(1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission must, as soon as possible after the relevant facts come to the member's knowledge, disclose the nature of the interest at a meeting of the Commission. (2) The disclosure is to be recorded in the minutes of the meeting and, unless the Ministerial Council otherwise determines by resolution carried in accordance with the Agreement, the member must not: (a) be present during any deliberation of the Commission in relation to the matter; or (b) take part in any decision of the Commission in relation to the matter. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - PART 5 PART 5 - CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - DIVISION 1 Division 1 - Chief Executive Officer
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 26 Chief Executive Officer
26.(1) There is to be a Chief Executive Officer of the Commission, who is to be appointed by the Commission. (2) The Chief Executive Officer is to manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission. (3) All acts and things done, for the purposes of this Act, in the name of, or on behalf of, the Commission by the Chief Executive Officer are to be taken to have been done by the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 27 Remuneration and allowances
27.(1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Commission. (2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the Commission. (3) A determination by the Commission does not have effect unless it has been approved by the Ministerial Council by resolution carried in accordance with the Agreement. (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of the money of the Commission. (5) This section, other than subsection (4), has effect subject to the Remuneration Tribunal Act 1973, but subsection (4) has effect despite that Act. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 28 Chief Executive Officer may receive other benefits
28.(1) In addition to remuneration and allowances under section 27, the Chief Executive Officer is to be provided with such other benefits (if any) as the Commission determines in writing. (2) A determination does not have effect unless it has been approved by the Ministerial Council by resolution carried in accordance with the Agreement. (3) The benefits in respect of which the Commission may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the Commission considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions. (4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Commission.
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NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 29 Leave of absence
29.(1) Subject to section 87E of the Public Service Act 1922, the Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Commission may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 30 Terms and conditions not provided for by Act
30. The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Commission from time to time. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - DIVISION 2 Division 2 - Staff and consultants
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 31 Public service staff of Commission
31.(1) Subject to this Division, the Commission's staff are to be persons appointed or employed under the Public Service Act 1922. (2) The Chief Executive Officer has all the powers of, or exercisable by, a Secretary under the Public Service Act 1922, so far as those powers relate to the branch of the Australian Public Service comprising the staff referred to in subsection (1), as if that branch were a separate Department of the Australian Public Service. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 32 Non-public service staff
32.(1) In addition to the staff referred to in subsection 31(1), the Commission may employ under written agreements such persons as the Commission thinks necessary for the performance or exercise of any of its functions or powers. (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Commission determines from time to time. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 33 Staff seconded to the Commission
33.(1) The Commission is to be assisted by: (a) officers and employees of Departments of the Australian Public Service, and of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and (b) persons whose services are so made available under arrangements made under subsection (2). (2) The Commission may make with the appropriate authority or officer of a State or Territory that is a party to the Agreement an arrangement under which the State or Territory may make officers or employees available to the Commission to perform services in connection with the performance or exercise of any of the Commission's functions or powers. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 34 Consultants
34.(1) The Commission may engage persons with suitable qualifications and experience as consultants to the Commission. (2) The terms and conditions of engagement of a consultant are such as the Commission determines from time to time. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - PART 6 PART 6 - FINANCE
NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 35 Payments to Commission by Commonwealth
35.(1) There is payable to the Commission such money as is appropriated by the Parliament for purposes of the Commission. (2) The Minister for Finance may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 36 Payments to Commission by States or Territories
36. The Commission may receive money paid to it by a State or Territory. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 37 Money of Commission
37. The money of the Commission consists of: (a) money paid to the Commission under section 35; and (b) money received by the Commission under section 36; and (c) any other money paid to the Commission. NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 38 Application of money of Commission
38. The money of the Commission is to be applied only: (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and (b) in payment of any remuneration or allowances payable under this Act; and (c) in providing, or paying for, any other benefits that are to be provided under this Act.
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NATIONAL ROAD TRANSPORT COMMISSION ACT 1991 No. 8, 1992 - SECT 39 Estimates