National Land (Parking) Ordinance 1994 (repealed) (ACT)

National Land (Parking) Ordinance 1994

No. 2 of 1994

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 18 February 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BRIAN HOWE

Minister for Housing, Local Government

and Human Services

An Ordinance to make provision for the parking of vehicles on national land

Short title

1.  This Ordinance may be cited as the National Land (Parking) Ordinance 1994.1

Commencement

2.  (1)  Section 1 and this section commence on the day on which this Ordinance is notified in the Gazette.

(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Ordinance is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

Interpretation

3.  In this Ordinance, unless the contrary intention appears—

“applied provisions” means the provisions applied by section 4;

“Motor Traffic Act” means the Motor Traffic Act 1936 of the Territory;

“national land” has the meaning given by section 27 of the Australian Capital Territory (Planning and Land Management) Act  1988 of the Commonwealth;

“Territory public servant” means—

(a)a member of the public service established by section 54 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth; or

(b)a member of the transitional staff within the meaning of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth;

“vehicle” has the same meaning as in the Motor Traffic Act.

Application of Motor Traffic Act to national land

4.  The provisions of—

(a)the Motor Traffic Act; and

(b)the regulations under that Act;

as amended and in force from time to time, in so far as—

(c)they relate to the management of land and the stopping and parking of vehicles; and

(d)they are not otherwise applicable to, or to persons on, national land;

apply to national land and to persons on that land by virtue of this section, subject to the modifications specified in the Schedule.

Arrangements by Minister

5.  (1)  The Minister may, on behalf of the Commonwealth, enter into an arrangement with the Territory or any other person with respect to the administration of the applied provisions on behalf of the Commonwealth.

(2)  Without limiting the generality of subsection (1), an arrangement may provide for the services of Territory public servants to be made available to the Minister for the exercise of powers or the performance of functions under the applied provisions.

Schedule  Section 4

MODIFICATIONS OF APPLIED PROVISIONS OF
MOTOR TRAFFIC ACT 1936

Subsection 4 (1)—

Insert the following definition:

“ ‘Commonwealth Minister’ means the Minister of the Commonwealth for the time being administering the National Land (Parking) Ordinance 1994;”.

Subsection 4 (1) (definition of “officer”)—

Insert “or Commonwealth Minister” after “Minister”.

Section 6—

After subsection (2) insert the following subsection:

“(2A)  The Commonwealth Minister may appoint such officers as he or she considers necessary for carrying out this Act.”.

Section 109—

Omit “Minister” (wherever occurring), substitute “Commonwealth Minister”.

Subsection 109 (6)—

Omit the subsection.

Further modifications—

Each of the following provisions of the Motor Traffic Act is modified by omitting “Minister” and substituting “Commonwealth Minister”:

Sections 110 and 111, paragraphs 112 (a), (b), (c) and (d), section 163B, subsection 163F (3), sections 163J and 163K, subsections 163L (1) and (2), sections 163LA, 163M and 163MA, paragraph 163MB (a) and subsections 163N (1) and (2).

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 2 March 1994.