Private Parking Areas (Shopping Centre Parking Areas) Amendment Act 2022 (SA)

South Australia

Private Parking Areas (Shopping Centre Parking Areas) Amendment Act 2022

An Act to amend the Private Parking Areas Act 1986.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Private Parking Areas (Shopping Centre Parking Areas) Amendment Act 2022.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

Part 2Amendment of Private Parking Areas Act 19863Amendment of section 4 – Interpretation

1. (1)

   Section 4(1)—before the definition of authorised officer insert:

   Adelaide CBD means the area of the City of Adelaide bounded—

   1. (a)

      on the north by the northern bank of the River Torrens; and

   2. (b)

      on the south by the northern alignment of South Terrace; and

   3. (c)

      on the east by the western alignment of East Terrace and its prolongation north to the northern bank of the River Torrens; and

   4. (d)

      on the west by the eastern alignment of West Terrace and its prolongation north to the northern bank of the River Torrens;

2. (2)

   Section 4(1)—after the definition of exempt vehicle insert:

   lease has the same meaning as in the Retail and Commercial Leases Act 1995;

3. (3)

   Section 4(1)—after the definition of loading area insert:

   major retail shopping centre means a retail shopping centre where the total of the lettable areas of all the retail shops (whether leased or available for lease) in the retail shopping centre is 34 000 m² or more, but does not include a retail shopping centre within the Adelaide CBD;

4. (4)

   Section 4(1), definition of "owner, in relation to land"—delete "or private parking area" and substitute:

   , private parking area or regulated shopping centre parking area

5. (5)

   Section 4(1), definition of private parking area—after "areas" insert:

   or the whole or part of the area is also a regulated shopping centre parking area

6. (6)

   Section 4(1)—after the definition of private walkway insert:

   regulated shopping centre parking area means an area provided on land by the owner for the parking of vehicles used by persons frequenting a major retail shopping centre;

7. (7)

   Section 4(1)—after the definition of restricted parking area insert:

   retail shop and retail shopping centre have the same respective meanings as they do in the Retail and Commercial Leases Act 1995;

4Insertion of section 13

After section 12 insert:

13—Regulated shopping centre parking areas

1. (1)

   The owner of a regulated shopping centre parking area must not, without the approval of the Minister, charge a person a fee for the parking of a vehicle in the regulated shopping centre parking area.

Maximum penalty: $5 000.

1. (2)

   An approval under subsection (1) may be granted subject to such conditions as the Minister thinks fit.

2. (3)

   The Minister may add a condition to, or vary or revoke a condition of, an approval under subsection (1) by notice in writing to the owner of the regulated shopping centre parking area to which the approval relates.