Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012

Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012

An Act to amend the Vehicle and Traffic Act 1999 , to validate certain heavy vehicle charges collected under that Act and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012 .

2.   Commencement

(1)  Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.

(2)  Section 4 commence on a day to be proclaimed.

3.   Principal Act

In this Act, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.

4.    Schedule 2 amended (Rates of Motor Tax for Heavy Vehicles)

Schedule 2 to the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of axle group in clause 1(1) :

B-double combination means a combination consisting of a prime mover towing 2 semi-trailers;

(b) by omitting the definition of tax table from clause 1(1) ;

(c) by omitting clauses 2 , 3 , 4 and 5 and substituting the following clauses:

2.   Heavy vehicle tax for 2012/13

For the period from the day on which section 4 of the Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act 2012 commences to 30 June 2013, both days inclusive, the amount of tax payable for a heavy vehicle of a type specified in column 2 of the following table is the amount correspondingly specified in column 3 of the following table:

Column 1	Column 2	Column 3
Item	Type of heavy vehicle	Tax payable ($)
.	Trucks	.
1	A 2 axle truck with a GVM not exceeding 12 tonnes	542
2	A 2 axle truck with a GVM exceeding 12 tonnes	859
3	A 2 axle truck nominated for use in a combination having a trailer with a laden mass exceeding 4.5 tonnes and a mass entitlement not exceeding 42.5 tonnes	859
4	A 2 axle truck nominated for use in a combination having one trailer and more than 6 axles or a mass entitlement exceeding 42.5 tonnes	6 783
5	A 3 axle truck with a GVM not exceeding 16.5 tonnes	859
6	A 3 axle truck with a GVM exceeding 16.5 tonnes	1 021
7	A 3 axle truck nominated for use in a combination having a trailer with a laden mass exceeding 4.5 tonnes and a mass entitlement not exceeding 42.5 tonnes	1 021
8	A 3 axle truck nominated for use in a combination having one trailer and more than 6 axles or a mass entitlement exceeding 42.5 tonnes	6 783
9	A truck with 4 or more axles and a GVM not exceeding 20 tonnes	759
10	A truck with 4 or more axles and a GVM exceeding 20 tonnes	1 021
11	A truck with 4 or more axles and nominated for use in a combination having a trailer with a laden mass exceeding 4.5 tonnes and a mass entitlement not exceeding 42.5 tonnes	1 854
12	A truck with 4 or more axles and nominated for use in a combination having one trailer and more than 6 axles or a mass entitlement exceeding 42.5 tonnes	7 326
.	Prime Movers	.
1	A prime mover with 2 axles	1 164
2	A prime mover with 3 axles	4 744
3	A prime mover with 4 or more axles	5 030
4	A prime mover with 2 axles and nominated for use in a combination having 2 semi-trailers	9 457
5	A prime mover with 3 axles and nominated for use in a combination having 2 semi-trailers	9 457
6	A prime mover with 4 or more axles and nominated for use in a combination having 2 semi-trailers	10 402
.	Buses	.
1	A 2 axle rigid bus with a GVM not exceeding 12 tonnes	488
2	A 2 axle rigid bus with a GVM exceeding 12 tonnes	488
3	A rigid bus with 3 or more axles	2 429
4	An articulated bus	488
.	Trailers	.
1	A goods-carrying trailer with a GVM exceeding 4.5 tonnes but less than 9 tonnes	192
2	A single or tandem axle semi-trailer (excluding a converter dolly) with a GVM of 9 tonnes or more	550 (per axle)
3	A tri-axle or quad-axle semi-trailer (excluding a converter dolly) with a GVM of 9 tonnes or more	550 (per axle)
4	A pig trailer with a GVM of 9 tonnes or more	550 (per axle)
5	A dog trailer with a GVM of 9 tonnes or more	550 (per axle)
6	A converter dolly with a GVM of 9 tonnes or more	550 (per axle)
7	B-double lead trailer – single axle	550 (per axle)
8	B-double lead trailer – tandem axle	1 050 (per axle)
9	B-double lead trailer – tri-axle and quad-axle	1 100 (per axle)
.	Special-purpose vehicles	.
1	A special-purpose vehicle (type p), being a special-purpose vehicle built, or permanently modified, primarily for –	Nil
.	(a) off-road use; or	.
.	(b) use on public streets that are under construction or repair	.
2	A special-purpose vehicle (type t), being a special-purpose vehicle (other than one referred to in item 1) that –	292
.	(a) has been built, or permanently modified, for use on public streets; and	.
.	(b) has no axle group loaded in excess of the mass limits prescribed under this Act	.
3	A special-purpose vehicle (type o), being a special-purpose vehicle (other than one referred to in item 1) that –	365 + (365 x number of axles in excess of 2)
.	(a) has been built, or permanently modified, primarily for use on public streets; and	.
.	(b) has at least one axle or axle group loaded in excess of the mass limits prescribed under this Act	.

3.   Heavy vehicle tax for 2013/14 and beyond

(1) In this clause –

previous tax, for a heavy vehicle in respect of a financial year, means the amount of tax payable for the heavy vehicle under this Schedule for registration for the full term of the immediately preceding financial year (regardless of whether that amount was actually or fully paid);

subsequent financial year means a financial year following the financial year ending on 30 June 2013.

(2) For a subsequent financial year, the amount of tax payable for a heavy vehicle is to be calculated by –

(a) multiplying the annual adjustment factor for that subsequent financial year by the previous tax; and

(b) adding the result to or, if the percentage is negative, subtracting the amount from the previous tax; and

(c) rounding the result up or down to the nearest dollar (rounding an amount of 50 cents upwards).

5.   Annual adjustment figures

(1)  In this section –

subsisting Schedule 2 means Schedule 2 to the Principal Act as in force when this section commences.

(2)  For the purposes of clause 3(2)(a) of subsisting Schedule 2, the annual adjustment factor for the financial year commencing on 1 July 2009 is, and is taken to have always been, 3.2%.

(3)  For the purposes of clause 5(2)(a) of subsisting Schedule 2, the annual adjustment factor for the financial year commencing on 1 July 2011 is, and is taken to have always been, 2.4%.

(4)  For the avoidance of doubt, any taxes collected or purportedly collected by the Crown under subsisting Schedule 2 are taken to have been validly collected.

[Second reading presentation speech made in:

House of Assembly on 30 AUGUST 2012

Legislative Council on 27 SEPTEMBER 2012]