Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010

i Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 S.R. No. 33/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Annual adjustment factor 2 6 Insertion of new clauses 3A to 3C 3 3A Calculation of the estimated total amount of the road user charge 3 3B Calculation of estimated revenue raised from registration charges 5 3C Transitional provision in relation to the calculation of the annual adjustment factor for 2010–2011 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2010 S.R. No. 33/2010 Road Safety Act 1986 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 25 May 2010 Responsible Minister: TIM PALLAS Minister for Roads and Ports TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 2009 to refine the method by which the annual adjustment for heavy vehicle registration charges is to be calculated. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement These Regulations come into operation on 1 July 2010. -- 2 of 8 -- S.R. No. 33/2010 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 2 4 Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 2009 1 are called the Principal Regulations. 5 Annual adjustment factor (1) In clause 3(1) of Schedule 4 to the Principal Regulations after "a financial year" insert "(the relevant year)". (2) For clause 3(1)(c) of Schedule 4 to the Principal Regulations substitute— "(c) the result is the raw annual adjustment factor (RAAF) expressed as a percentage; (d) if the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the relevant year does not provide the information needed to calculate the value of TFU in clause 3A and the values of HV and TTR in clause 3B, then the raw annual adjustment factor is the annual adjustment factor for the relevant year; (e) if subclause (d) does not apply, then the following formula is to be applied— PRABC × (1 + RAAF) where— PRABC is the Revised Adjusted Base Cost derived in calculating the annual adjustment factor in the previous financial year; (f) the result is the Revised Adjusted Base Cost (RABC); r. 4 -- 3 of 8 -- S.R. No. 33/2010 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 3 (g) next, the following formula is to be applied— ⎟⎟ ⎠ ⎞ ⎜⎜ ⎝ ⎛ + − − RR) (FR RR) FR (RABC × 100 where— FR means the estimated total amount of the road user charge under the Fuel Tax Act 2006 of the Commonwealth as calculated in accordance with clause 3A; RR means the estimated revenue raised in relation to heavy vehicles by registration charges in Australia as calculated in accordance with clause 3B; (h) finally, the amount determined under subclause (g) is to be rounded up or down to one decimal place (rounding an amount of 0·05 upwards); (i) the result is the annual adjustment factor expressed as a percentage.". 6 Insertion of new clauses 3A to 3C After clause 3 to Schedule 4 to the Principal Regulations insert— '3A Calculation of the estimated total amount of the road user charge (1) The estimated total amount of the road user charge under the Fuel Tax Act 2006 of the Commonwealth (FR) is to be calculated in accordance with this clause. r. 6 -- 4 of 8 -- S.R. No. 33/2010 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 4 (2) First, the following formula is to be applied— TFU × RUC where— TFU is the total fuel use by heavy vehicles in litres determined by adding together the estimated annual fuel use shown in the relevant annual report of the NTC for each category of heavy vehicle; RUC is the road user charge rate (expressed in dollars) for the previous year that applied under section 43-10 of the Fuel Tax Act 2006 of the Commonwealth or if more than one rate applied in that year, the last rate that applied in that year; previous year means the financial year that immediately preceded the relevant year; relevant annual report of the NTC means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the relevant year; relevant year means the financial year for which the annual adjustment factor is being calculated. (3) Second, the amount determined under subclause (2) is to be divided by 1 000 000. (4) Third, the amount determined under subclause (3) is to be rounded up or down to 2 decimal places (rounding an amount of 0·005 upwards). (5) The result is the estimated total amount of the road user charge. r. 6 -- 5 of 8 -- S.R. No. 33/2010 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 5 3B Calculation of estimated revenue raised from registration charges (1) The estimated revenue raised in relation to heavy vehicles by registration charges in Australia (RR) is to be calculated in accordance with this clause. (2) First, the following formula is to be applied— HV + TRR where— HV is the sum of the amounts shown in the relevant annual report of the NTC as the estimated vehicle registration revenue excluding trailers for each category of heavy vehicle; TTR is the sum of the amounts shown in the relevant annual report of the NTC as the estimated trailer registration revenue for each relevant category of heavy vehicle; relevant annual report of the NTC means the annual report of the National Transport Commission for the financial year that ended 1 year before the start of the financial year for which the annual adjustment factor is being calculated. (3) Second, the amount determined under subclause (2) is to be divided by 1 000 000. (4) Third, the amount determined under subclause (3) is to be rounded up or down to 2 decimal places (rounding an amount of 0·005 upwards). r. 6 -- 6 of 8 -- S.R. No. 33/2010 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 6 (5) The result is the estimated revenue raised in relation to heavy vehicles by registration charges in Australia. 3C Transitional provision in relation to the calculation of the annual adjustment factor for 2010–2011 Despite anything to the contrary in clause 3, for the purposes of calculating the annual adjustment factor for the 2010–2011 financial year— (a) in clause 3(1)(e), PRABC is 2015.15; and (b) in clauses 3A and 3B, a reference to "the relevant annual report of the NTC" is to be read as if it was a reference to "the tables published by the National Transport Commission before 1 July 2010 in the Commonwealth Government Gazette for the purposes of this Schedule".'. ═══════════════ r. 6 -- 7 of 8 -- S.R. No. 33/2010 Road Safety (Vehicles) Amendment (Heavy Vehicle Charges) Regulations 2010 7 ENDNOTES 1 Reg. 4: S.R. No. 118/2009 as amended by S.R. No. 26/2010. Endnotes -- 8 of 8 --