House debates

Thursday, 4 December 2008

Road Charges Legislation Repeal and Amendment Bill 2008

Consideration of Senate Message

Bill returned from the Senate with requests for amendments.

Ordered that the amendments be considered immediately.

Senate’s requested amendments—

(1)    Page 2 (after line 11), after clause 3, insert:

        (1)    The Minister must cause a review of the Heavy Vehicle Safety and Productivity Program to be conducted.

        (2)    The review must:

             (a)    start on the third anniversary of the commencement of this section; and

             (b)    be completed within 6 months.

        (3)    The Minister must cause a written report about the review to be prepared.

        (4)    The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after the Minister receives the report.

(2)    Schedule 3, item 1, page 5 (lines 6 to 8), omit the item, substitute:

1  Subsection 43-10(3)

Omit “, determined by the *Transport Minister”, substitute “for the fuel”.

(3)    Schedule 3, item 3, page 5 (lines 11 and 12), omit the item.

(4)    Schedule 3, item 4, page 5 (line 15), omit the heading to subsection 43-10(7), substitute:

Determining the rate of road user charge

(5)    Schedule 3, item 4, page 5 (lines 16 to 18), omit “The road user charge for taxable fuel means the following rate (as indexed in accordance with regulations made for the purposes of subsection (8))”, substitute “The amount of road user charge for taxable fuelis worked out using the following rate”.

(6)    Schedule 3, item 4, page 5 (lines 19 and 20), omit “prescribed by the regulations for the purposes of this definition”, substitute “determined by the *Transport Minister”.

(7)    Schedule 3, item 4, page 5 (lines 22 and 23), omit “prescribed by the regulations for the purposes of this definition”, substitute “determined by the Transport Minister”.

(8)    Schedule 3, item 4, page 5 (lines 24 and 25), omit subsection 43-10(8), substitute:

        (8)    For the purposes of subsection (7), the *Transport Minister may determine, by legislative instrument, the rate of the road user charge.

        (9)    Before the *Transport Minister determines an increased rate of road user charge, the Transport Minister must:

             (a)    make the following publicly available for at least 60 days:

                   (i)    the proposed increased rate of road user charge;

                  (ii)    any information that was relied on in determining the proposed increased rate; and

             (b)    consider any comments received, within the period specified by the Transport Minister, from the public in relation to the proposed increased rate.

      (10)    However, the *Transport Minister may, as a result of considering any comments received from the public in accordance with subsection (9), determine a rate of road user charge that is different from the proposed rate that was made publicly available without making that different rate publicly available in accordance with that subsection.

(9)    Schedule 3, item 4, page 5 (after line 25), at the end of section 43-10, add:

      (11)    In determining the *road user charge, the *Transport Minister must not apply a method for indexing the charge.

(10)  Schedule 3, item 4, page 5 (after line 25), at the end of section 43-10, add:

      (12)    The *Transport Minister must not make more than one determination in a financial year if the effect of the determination would be to increase the *road user charge more than once in that financial year.

(11)  Schedule 3, items 5 to 8, page 5 (line 26) to page 6 (line 8), omit the items.

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