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Report Details

Committee Name:

Delegated Legislation Joint Committee (1987 - 2001)


Report Type:Report


Road Traffic (Amendment to Fees) Regulations 1997
Report No:26
No of Pages:7
Physical Location:Legislative Council Committee Office

Presentation Date:


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Hide details for Executive SummaryExecutive Summary

(1) The Committee’s legal advice is that in respect of regulation 7(e) of the Road Traffic (Amendment to Fees) Regulations 1997:
      • such an impost equates to a tax;
      • nothing in the Road Traffic Act 1974 appears to authorise the imposition of a recording fee charge that amounts to a tax; and
      • for these reasons the impost in question is ultra vires or beyond the power contained in the Act to impose by way of regulation.
      (2) In respect of the drivers’ licence fee increases the Committee remains concerned that these have been increased and the Department continues to charge the higher amount irrespective of the disallowance of the previous increases by the Legislative Council in August. The Committee is concerned that this amounts to a frustration of the parliamentary intent and may unduly trespass on the rights of potential licensees which are effectively being denied reliance on the earlier disallowance.
      (3) Despite the above concerns the Committee on this occasion does not recommend that these regulations be disallowed. The Committee has been in communication with the Minister who has advised the Committee that Cabinet approval has been obtained to amend the Road Traffic Act 1974. The Committee was advised of a cabinet decision dated 6 October 1997 to the effect that Cabinet approves the amendments to the Road Traffic Act and the WA Marine Act to provide Transport with the power to levy fees and charges to cover the administration cost of vehicle, driver and boat registration and the associated costs of providing services and infrastructure. Annexed to this report is a letter from the Minister of Transport dated 8 October 1997 marked Annexure A.
      (4) The Minister has indicated his intention to provide a legislative solution to the problem that will remove any ambiguity as to the power of the Department to set fees and charges. Therefore, the Committee has resolved to seek leave to withdraw the motion for disallowance.