Supplementary Explanatory Memorandum
Circulated by authority of the Minister for Infrastructure, Transport, Regional Development and Local Government the Honourable Anthony Albanese, MPOUTLINE
The Road Charges Legislation Repeal and Amendment Bill 2008, as introduced, repeals the Road Transport Charges (Australian Capital Territory) Act 1993 and the parts of the Road Transport Reform (Heavy Vehicles Registration) Act 1997 which refer to the Road Transport Charges (Australian Capital Territory) Act . The Bill also amends the Fuel Tax Act 2006 to implement changes to the heavy vehicle road user charge necessary to give effect to revised heavy vehicle charges agreed by all Australian Transport Ministers on 29 February 2008.
These Senate amendments to the Bill remove the provision allowing the rate of road user charge to be automatically indexed. Instead, the proposed amendments will enable the Transport Minister to declare any changes in the rate of the road user charge by disallowable legislative instrument.
The proposed amendments will also require that the Transport Minister allow for public consultation of at least 60 days prior to declaring any increase in the rate of the road user charge. In seeking this public feedback, the Minister must also publish all data, methodologies and formulae used to arrive at the proposed increased rate of the road user charge.
Finally, the proposed amendments will require that the Transport Minister have regard to the outcomes of the public consultation process. However, if the Minister decides to declare an alternative rate of the road user charge as a result of the outcomes of the public consultation process, the Minister is not required to recommence the period of public consultation.