National Transport Commission Act 2003

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

If a provision covered by item 2 of the table does not commence within the period of 9 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

establish a National Transport Commission with an ongoing responsibility to develop, monitor and maintain uniform or nationally consistent regulatory and operational reforms relating to road transport, rail transport and intermodal transport; and

provide a mechanism for the making of regulations, in accordance with the Agreement, that set out:

model legislation developed by the National Transport Commission and agreed by the Ministerial Council relating to road transport, rail transport and intermodal transport; and

road transport legislation, regulations and other legislative instruments (whether enacted or in model form) that were developed by its predecessor, the National Road Transport Commission, and agreed by the Ministerial Council.

the Chief Executive Officer; or

a person employed under section 44; or

a member of the staff referred to in section 45; or

any of the officers, employees and persons who, under section 46, are to assist the Commission.

A National Transport Commission is established.

The Commission:

is a body corporate with perpetual succession; and

is to have a common seal; and

may acquire, hold and dispose of real and personal property; and

may sue and be sued.

The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

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.

All courts, judges and persons acting judicially must:

take judicial notice of the imprint of the common seal of the Commission appearing on a document; and

presume the imprint was duly made.

The Commission has the following functions and powers:

the functions and powers that the Agreement provides for it to have;

functions and powers conferred on it by or under this Act (other than this section);

such other functions that are, with the consent of the Ministerial Council, conferred on the Commission in writing by the Minister;

functions and powers expressed to be conferred on it by or under a law of a State or Territory;

functions and powers conferred on it by or under another law of the Commonwealth.

The Commission has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.

The Commission:

is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable); and

in the performance of its functions and the exercise of its powers, is to have regard to the principles and objectives set out in the Agreement; and

is to comply in all respects with the provisions of the Agreement that are applicable to it.

Paragraph (3)(b) does not limit the matters to which the Commission may have regard.

The regulations may set out model legislation and road transport legislation.

Any model legislation or road transport legislation set out in regulations made for the purposes of this section:

does not have the force of law; and

may make provision for or in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in an instrument or other writing as in force or existing at a particular time or as in force or existing from time to time.

Paragraph (2)(b) does not limit what may, under section 14 of the Legislation Act 2003, be included in model legislation or road transport legislation set out in regulations made for the purposes of this section.

The Commission is to provide to the Ministerial Council such reports relating to the Commission’s performance of its functions, or exercise of its powers, as the Ministerial Council directs.

The Ministerial Council may direct the Commission to provide advice about any matter relating to:

the functions or powers of the Commission; or

the functions or powers of the Ministerial Council as they relate to the Commission.

A direction under subsection (1) or (2) is to be given by resolution of the Ministerial Council carried in accordance with the Agreement.

governments and government bodies; and

representatives of industries, including the road transport industry, the rail industry and the related logistics industry; and

representatives of people who live in regional or remote areas of Australia; and

other interested people, bodies and organisations.

The Commission consists of the following members:

the Chief Executive Officer;

5 ordinary members.

The Commission may perform its functions and exercise its powers unless there are more than 2 vacancies in the Commission’s membership of ordinary members.

Ordinary members of the Commission are to be appointed by the Minister, by instrument in writing, on the nomination of the Ministerial Council in accordance with the Agreement.

A nomination of a person for appointment as an ordinary member is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.