Page 3796 - Week 13 - Thursday, 18 October 1990
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MRS NOLAN (11.22): Mr Speaker, I am pleased to support this Bill to amend the Motor Traffic Act 1936 to require vehicles being registered in the ACT to conform with the Australian Design Rules which set out national design standards for vehicle safety and emissions. The ACT Motor Traffic Act was introduced in 1936, as I said, and relates to the control of motor vehicles and the regulation of motor traffic.
The Australian Design Rules system is the way in which the governments of Australia set safety and pollution standards for motor vehicles being registered in Australia for the first time. The standards are applied and enforced by State and Territory motor registration authorities through a compliance plate system. All States and Territories enforce the Australian Design Rules when registering motor vehicles and trailers. However, with the exception of the rules relating to vehicle emissions, the Australian Design Rules have not been included in ACT legislation since 1973 and, as Mrs Grassby said, it is really quite significant that at least, now we have self-government, some of these issues are going to be addressed and that needs to be done as quickly as possible. Accordingly, vehicles are being inspected for compliance on an administrative basis only.
As has already been stated, there is no legal basis to enforce the rules and they are, therefore, open to challenge. This Bill ensures that all the Australian Design Rules will be legally enforceable in the ACT. It also streamlines the legal processes previously required to enable Australian Design Rules to be applied. This will overcome current anomalies whereby the ACT is requiring standards of compliance without the legal basis to do so, simply because amendments to the Act took so long prior to self-government.
Provision has been made in the Bill to ensure that the vehicle owners are not disadvantaged by the retrospective nature of the proposed legislative amendment. The Bill provides that a vehicle which is currently registered in the ACT, or has been previously registered in the ACT, will be deemed to comply with the Australian Design Rules applicable to that vehicle at the time of its manufacture. This is irrespective of whether the vehicle may have had modifications made to it since it was first manufactured. However, all vehicles seeking registration in the ACT, for the first time, will be subject to the applicable Australian Design Rules. This is not seen as a concern as other States and the Northern Territory have had to comply with Australian Design Rules in legislation for some years.
It is my understanding that considerable consultation has occurred with the Department of Transport and Communications and transport authorities in other States. All have concurred with the need to legislate on this important matter.
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