National Land (Road Transport) (Parking) Rules 2024 (Cth)

National Land (Road Transport) (Parking) Rules 2024

I, Kristy McBain, Minister for Regional Development, Local Government and Territories, make the following rules.

Dated 9 September 2024

Kristy McBain

Minister for Regional Development, Local Government and Territories

Contents

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Part 1Preliminary1Name

This instrument is the National Land (Road Transport) (Parking) Rules 2024.

2Commencement

This instrument commences on 1 October 2024.

3Authority

This instrument is made under the National Land (Road Transport) Ordinance 2014.

4Definitions

Note: A number of expressions used in this instrument are defined in section 5 of the Ordinance, including the following:

(a) ACT road transport legislation;

(b) National Land;

(c) NCA chief executive.

In this instrument:

old instruments has the meaning given by subsection 12(3).

Ordinance means the National Land (Road Transport) Ordinance 2014.

5

Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2Modifications relating to parking on National LandDivision 1Staffing and delegations6Staff

The NCA chief executive may arrange with a person for the services of officers or employees of the person to be made available for the purposes of the Ordinance.

7Delegation of NCA chief executive’s functions and powers

The NCA chief executive may delegate all or any of the NCA chief executive’s functions or powers under the Ordinance to:

1. (a)

   an officer or employee of the National Capital Authority established by the Australian Capital Territory (Planning and Land Management) Act 1988; or

2. (b)

   a person whose services have been made available under section 6 of this instrument.

Division 2Suspension for non-payment of infringement notices8Suspension action not mandatory

For the purposes of the Ordinance, the administering authority or the road transport authority may, but are not required to, take any action in relation to Division 3.4 of the Road Transport (General) Act 1999 (ACT) and other provisions of the ACT road transport legislation which:

1. (a)

   require a suspension notice to be served on a person where an infringement notice and reminder notice have been previously served for an infringement notice offence; or

2. (b)

   require an administering authority or the road transport authority to take action to suspend vehicle registration and driver licences;

in relation to infringement notices issued for an infringement notice offence under the Ordinance.

Division 3Extension of time9Modified application of section 14C of the Road Transport (Offences) Regulation 2005 (ACT) to National Land

Subsection 14C(2) of the Road Transport (Offences) Regulation 2005 (ACT) as applicable to National Land is modified by substituting the following text:

1. (2)

   An application must be:

   1. (a)

      made to the administering authority in an approved manner; and

   2. (b)

      include any information required by the administering authority; and

   3. (c)

      made before the end of the allowed time.

10Modified application of section 14D of the Road Transport (Offences) Regulation 2005 (ACT) to National Land

Subsection 14D(2) of the Road Transport (Offences) Regulation 2005 (ACT) as applicable to National Land is modified by substituting the following text:

1. (2)

   An application must be:

   1. (a)

      made to the administering authority in an approved manner; and

   2. (b)

      state the special circumstances relied on; and

   3. (c)

      include any information required by the administering authority.

11

Approved manner of application

For the purposes of this Division, an application is made to the administering authority in an approved manner if a person applies:

1. (a)

   by telephone; or

2. (b)

   in writing; or

3. (c)

   by any other manner of application acceptable to the administering authority from time to time.

Part 3Transitional provisions12Things done under the old instruments

1. (1)

   If:

   1. (a)

      a thing was done for a particular purpose under the old instruments as in force immediately before those instruments were repealed; and

   2. (b)

      the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

1. (2)

   Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

2. (3)

   In this section:

old instruments means any or all of the following instruments:

1. (a)

   the Extension of Time Rule 2014;

2. (b)

   the Staffing and Delegations Rule 2014;

3. (c)

   the Suspension for Non-payment of Infringement Notices Rule 2014.

Schedule 1Repeals

Extension of Time Rule 2014

1

The whole of the instrument

Repeal the instrument.

Open Areas Parking Rule 2014

2

The whole of the instrument

Repeal the instrument.

Parking Authority Declaration2014 High Court of Australia3

The whole of the instrument

Repeal the instrument.

Staffing and Delegations Rule 2014

4

The whole of the instrument

Repeal the instrument.

Suspension for Non-payment of Infringement Notices Rule 2014

5

The whole of the instrument

Repeal the instrument.