Transport law in Australia

Transport law in Australia includes both federal and state legislation. It includes laws of carriage by road, rail, sea and air.Livermore, Transport Law in Australia, 5th Ed, contents There are laws relating to common carriers and private carriers.John Livermore. Transport Law in Australia. 5th Ed. Part III. Chapter 1. Section 2 (Common and private carriers). paras 267 to 285.

Commonwealth There was a National Road Transport Commission. It was established by the National Road Transport Commission Act 1991Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 267. and continued by the National Road Transport Commission Amendment Act 1998.Global Transport. 1998. Issues 13-15. p 21. [Chartered Institute of Transport in the UK, Stroudgate] That commission was replaced by the National Transport Commission, created by the National Transport Commission Act 2003.John Livermore. Transport Law in Australia. 5th Ed. Part III. Chapter 1. Section 4. Subsection III (Uniform Road Transport Law). para 295.

The Road Transport Reform (Vehicles and Traffic) Act 1993Gabriel Moens and Peter Gillieso. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 262.Margaret Starrs, "Vehicle Operations Module" in "Towards Uniform Road Transport Laws in a Federal System" (1995) 29 Journal of Transport Economics and Policy 215 at 217. was repealed by Schedule 3 to the Statute Law Revision Act 2011. The Road Transport Reform (Dangerous Goods) Act 1995Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 264. was repealed by Schedule 1 to the Road Transport Reform (Dangerous Goods) Repeal Act 2009.

The Interstate Road Transport Act 1985Cullen, "Canada and Australia: A Federal Parting of the Ways" (1989) 18 Federal Law Review 53 at 63 and the Interstate Road Transport Charge Act 1985Annotations to the Acts and Regulations of the Australian Parliament to 31 December 1986. Butterworths. 1987. p 621. were repealed by Schedule 2 to the Interstate Road Transport Legislation (Repeal) Act 2018. The National Road Transport Commission Amendment Act 1992Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 259. was repealed by Schedule 1 to the Amending Acts 1990 to 1999 Repeal Act 2016.

The Commonwealth Railways CommissionerN E Palmer. Bailment. Law Book Company Limited. 1979. pp 697 to 700. was created by the Commonwealth Railways Act 1917 (from 1975 renamed the Australian National Railways Act 1917), and replaced by the Australian National Railways Commission created by the Australian National Railways Act 1975.Parliamentary PapersAnnotations to Acts and Regulations of the Australian Parliament

The National Rail Corporation was created by the National Rail Corporation Agreement Act 1992.John Livermore. Transport Law in Australia. 5th Ed. Part I. Section 1. Subsection XI (National Rail Corporation). para 31.

National There is a Rail Safety National Law (RSNL), first passed through the South Australian Parliament on 12 May 2012. The Office of the National Rail Safety Regulator (ONRSR) administers the RSNL. The RSNL includes SFAIRP.Graham Holden. "What does safe SFAIRP really mean in major project delivery?". CORE 2023 Conference on Railway Excellence: Celebrating 25 Years in Motion. Informit.Richard Robinson and Gaye Francis. "SFAIRP vs ALARP". CORE 2014: Rail Transport For A Vital Economy. Informit.

There is a Heavy Vehicle National Law (HVNL), first passed through the Queensland Parliament on 10 February 2014. The National Heavy Vehicle Regulator (NHVR) administers the HVNL. As of 2026, Western Australia and the Northern Territory have not adopted the HVNL. The HVNL includes the chain of responsibility.Chris Kummerow. Major changes for heavy vehicle national law. Bulletin. 1 November 2017. (Law Society of South Australia).Elizabeth Guerra-Stolfa. Changes to the Heavy Vehicle National Law. MHD Supply Chain Solutions. 1 October 2017.Nathan Cecil and Adam Vrahnos. Transport and business law: The 'Heavy Vehicle National Law' and the chain of responsibility. LSJ. 1 August 2018.Geoff Farnsworth and Jarrad McCarthy. Heavy Vehicle National Law reform: New approach to chain of responsibility liability. Governance Directions. 1 February 2016.

New South Wales Legislation includes the Common Carriers Act 1902,G W Paton. The Commonwealth of Australia: The Development of Its Laws and Constitution. 1952. p 277. the Traffic Act 1909,Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 269. the Transport Administration Act 198811 Australian Transport Research Forum: 1 Forum Papers 46 and the Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018.John Sutton. "Driving laws: New driving laws: A zero-sum game for NSW". LSJ. 1 July 2019. Informit.

The Road Transport Legislation Amendment (Interlock Devices) Act 2002Philip G Harvey. "Alcohol interlock: helping drivers keep drink off the road". LSJ. 1 May 2004. Informit was repealed by section 4 of, and Schedule 3 to, the Statute Law (Miscellaneous Provisions) Act 2004. The Passenger Transport Act 1990Gabriel Moens and Peter Gillies. "Passenger Transport Act 1990". International Trade & Business Law & Policy. 1998. Reprinted 2000. pp 271 & 272."The New South Wales Passenger Transport Act". Proceedings Roads 96 Conference. Australian Road Research Board. Part 6. p 107. is prospectively repealed by section 179 of the Passenger Transport Act 2014.

Part II of the Government Railways Act 1912,N E Palmer. Bailment. 1979. pp 671, 702, 704, 706 and 708 to 710. made provision in relation to the Commissioners.F A Bland. Shadows and Realities of Government. (WEA series, number 7). Workers Educational Association. 1923. p 254. The Transport Legislation (Repeal and Amendment) Act 1988 repealed the Government Railways Act 1912, except for Part 9 of that Act, and renamed it the Government Railways (Superannuation) Act 1912. The rest of the Act was repealed by section 4(1)(a) of the Superannuation Legislation (Amendment) 1991.

The Public Transport Commission was established by the Public Transport Commission Act 1972.Australian Current Law RailCorp was created by amendments made by the Transport Administration Amendment (Rail Agencies) Act 2003.Carey Curtis and Nicholas Low. Institutional Barriers to Sustainable Transport. p 74.28 The University of New South Wales Law Journal 211 Schedule 1 of the Transport Administration Amendment (Transport Entities) Act 2017 inserted Part 3B of the Transport Administration Act 1988 which made provision for Sydney Trains.Abbott and Cohen. Utilities Reform in Twenty-First Century Australia: Providing the Essentials. pp 267 & p 293, footnote 53. The Transport Administration (State Transit Authority—Fares) Order 2004 defined the CityRail area.Australian Legal Words and Phrases. 1900-2009. vol 1. p 411.

Northern Territory Legislation includes the Commercial Passenger (Road) Transport Act 1991,Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. Reprinted 2000. p 283. the Marine Act 1981D A Butler and W D Duncan. Maritime Law in Australia. 1992. pp 18 & 21. and the Traffic Act 1987.The Australian Digest (Second Edition) 1994 and Interim Supplement 1987-1994. The Australian Digest (Second Edition) Supplement 1994 and Interim Supplement 1987-1994. (1994 Supp). Sections 568, 569 & 595.

Queensland Legislation includes the Transport Infrastructure Act 1994,An Annual Survey of Australian Law 199429 The Australian Digest 42-207 the Transport Operations (Passenger Transport) Act 1994John Livermore. Transport Law in Australia. 5th Ed. 2023. Note 712.Australian Current Law: Legislation: 1994 and the Transport Operations (Marine Safety) Act 1994.Rothwell and Bateman. Navigational Rights and Freedoms, and the New Law of the Sea. 2000. p 248.

The State Transport Act 1960Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 275. was repealed by section 93 of, and Schedule 2 to, the Transport Operations (Road Use Management) Act 1995.Australian legal monthly digest. 1995. para 4319.Australian Current Law: Legislation: 1995. p 703. The Traffic Act 1949The Australian Digest. 2nd Edition. vol 41. was repealed by section 55 of the Road Transport Reform Act 1999.Paula Quinn. It's green for Queensland's new traffic laws. The Proctor. 1 December 1999. The Railways Act of 191440 The Australian Digest 67-1097, para 5356.Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. 1998. Reprinted 2000. p 290.N E Palmer. Bailment. Law Book Company Limited. 1979. p 710. was repealed by section 8.10 of the Transport Infrastructure (Railways) Act 1991. The Queensland Marine Act 1958 was repealed by section 233 of, and Schedule 1 to, the Transport Operations (Marine Safety) Act 1994.

Queensland did not have and does not have an Act identical to the Carriers Act 1830 (11 Geo 4 & 1 Will 4 c  68).Geoffrey Sawer. The Australian and the Law. Penguin Books. Revised Edition. 1972. p 151.Clive Turner. Australian Commercial Law. 19th Edition. 1992. p 483.Griggs, McLaren, Scheibner and Cho. Commercial and Economic Law in Australia. 3rd Edition. 2018. Note 1182. The concept of a common carrier by road was practically eliminated by the Carriage of Goods by Land (Carriers' Liabilities) Act of 1967.Clive Turner. Australian Commercial Law. 21st Edition. 1997. p 492. In Barron v Cyril Golding Earthmoving (1979)Barron v Cyril Golding Earthmoving Pty Ltd 5 QL 215 the court held there was no difference between common carriers and private carriers.Australian Current Law.The Australian Digest. Permanent Supplement to the Second Edition. Cumulative to 31 December 1986. The Carriage of Goods by Land (Carriers' Liabilities) Act of 1967R B Vermeesch and K E Lindgren. Business Law of Australia. 6th Edition. Butterworths. 1990. p 777. was repealed by the Carriage of Goods by Land (Carriers' Liabilities) Repeal Act 1993.Australian Current Law: Legislation: 1993. p 153.

South Australia Legislation includes Motor Vehicles Act 1959Gabriel Moens and Peter Gillies. International Trade & Business Law & Policy. Reprinted 2000. p 277K G Nicholson and A A Tarr. "The liability of the nominal defendant for third party claims arising out of motor vehicle accidents in South Australia". The Adelaide Law Review. 1 July 1989. Informit. and the Railways (Operation and Access) Act 1997.John Livermore. Transport Law in Australia. 5th Ed. Part III. Chapter 2. Section 1. Subsection II, paragraph C. para 318.

The South Australian Railways Commissioner's Act 1936 consolidated provisions relating to the South Australian Railways Commissioner,N E Palmer. Bailment. Law Book Company Limited. 1979. p 711. who was abolished by section 6(1) of the South Australian Railways Commissioner's Act Amendment Act 1975.Australian Current Law These Acts, and the rest of the Railways Act 1936-1979, were repealed by section 3(b) of the State Transport Authority Act Amendment Act (No 2) 1981.

The Marine Act 1936 was repealed by paragraph 1(c) of Schedule 2 to the Harbors and Navigation Act 1993.

The Carriers Act 1891 made provision in relation to common carriers.R Keith Yorston and Edward E Fortescue. "Common Carriers". Australian Mercantile Law. 13th Edition. Law Book Company Limited. 1965. p 246. See also "Carriage by Rail" at p 251. It was repealed by section 2 of the Carriers Act Repeal Act 1999.

Tasmania