Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2020L01279 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

Subject - National Land (Road Transport) Ordinance 2014

Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020

The National Land (Road Transport) Ordinance 2014 (Cth) (the Ordinance) provides the legislative framework for the management and enforcement of pay parking on National Land. Section 11 of the Ordinance provides that the Minister may make rules that declare that a provision of the ACT road transport legislation applies to National Land with stated modifications.

The Ordinance modifies the application of the Australian Capital Territory (ACT) road transport and parking laws to permit the National Capital Authority (NCA) Chief Executive to be exclusively responsible for the administration of pay parking on National Land.

Purpose and Operation

The Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020 (the Rules) declare section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) (the STM Regulation) applies to National Land. It also replaces section 36(3) of the STM Regulations to make the approval a notifiable instrument within the meaning of the Legislation Act 2003 (Cth).  

This Rule is a Legislative Instrument for the purposes of the Legislative Instruments Act 2003.

This Rule commences on the day after it is registered on the Federal Register of Legislative Instruments. 

Impact and Effect

The Rules do not create any additional regulatory impacts for pay parking users.

The Rules declare section 36 of the STM Regulation, allowing for the approval of an electronic payment method for pay parking on National Land. Any approval made under the Rules will allow for an additional payment method and the existing methods will continue to be available.

Basis for the Rules

The Government’s objective is to align, as far as practicable, with the ACT Government in respect to road transport and parking. The Ordinance allows for the Minister to make rules that declare that a provision of the ACT road transport legislation applies to National Land with stated modifications.

This instrument aims to align payment methods on National Land with the ACT by declaring section 36 of the STM Regulation to enable the approval of an electronic payment method. The Rules achieves this by providing the NCA Chief Executive with the power to approve an electronic payment method for National Land in the form of a notifiable instrument.

Regulation Impact Statement

The Office of Best Practice Regulation considers the proposal is likely to have no more than minor regulatory impacts on business, community organisations or individuals. In addition, it understands that the matter will not require consideration by Cabinet, and the preparation of a Regulation Impact Statement is not required.

Conditions to be Satisfied

The Ordinance does not specify any conditions that need to be satisfied before the power to make the Rules may be exercised.

Consultation

Consultation was undertaken with the Department of Infrastructure, Transport, Regional Development and Communications, the Office of Parliamentary Counsel, the ACT Government, the Department of Defence and the National Cultural Institutions, to ensure the effectiveness of the Rules. Public consultation was not necessary as the modifications are minor and machinery in nature.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A

Explanation of provisions

Section 1- Name

This section provides that the name of the Rules is the Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020 (the Rules).

Section 2- Commencement

This section provides that the Rules commence on the day after the instrument is registered.

Section 3- Authority

This section provides that the Rules are made under the National Land (Road Transport) Ordinance 2014 (Cth) (the Ordinance).

Section 4- Definitions

Defines expressions and terms used in the Ordinance.

Section 5- Approval of e-payment method

This section provides that section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) (the STM Regulation) is declared to be part of the ACT paid parking legislation within the meaning of paragraph (b) of the definition found in section 5 of the Ordinance.

Section 6- Modification of ACT paid parking legislation

This section provides that subsection 3 of the STM Regulation is replaced to allow the approval to be a notifiable instrument within the meaning of the Legislation Act 2003 (Cth).


ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020

This Legislative Instrument is compatible with the human rights and freedoms recognized or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Rules

The purpose of the Rules is to establish section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) as ACT paid parking legislation under section 5 of the National Land (Road Transport) Ordinance 2014 (Cth), to allow for the approval of an electronic payment method for use on National Land.

The Australian Government aims to maintain consistency with the ACT Government paid parking operations. The ACT currently allows for the use of an approved electronic payment method for payment of a ticketed parking space. In order to maintain consistency and increase accessibility, the Rules will allow for the approval of an additional payment method and will not affect the existing payment methods. 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020 were enacted to address the need for consistent electronic payment methods for parking on National Land within the Australian Capital Territory. The National Land (Road Transport) Ordinance 2014 provides the framework for the management of road transport on National Land, and these Rules were introduced to align the electronic payment methods for parking on National Land with those used in the ACT. The Ordinance allows the Minister to declare provisions of ACT road transport legislation as applying to National Land, and these Rules declare section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) as ACT paid parking legislation. The primary objective is to enable the approval of electronic payment methods for parking on National Land, thus maintaining consistency with the ACT Government's paid parking operations. The Rules were made under the authority of the Assistant Minister for Regional Development and Territories and aim to ensure that payment methods on National Land are in line with those in the ACT, thereby increasing accessibility without affecting existing payment methods.

Scope and Application

The Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020 apply to National Land in the context of road transport and parking, specifically targeting the implementation and approval of electronic payment methods for pay parking. This legislation is made under the National Land (Road Transport) Ordinance 2014, which provides the framework for managing and enforcing pay parking on National Land, thus making the National Capital Authority (NCA) Chief Executive solely responsible for the administration of pay parking on such land. The Rules aim to align payment methods on National Land with those of the ACT by declaring that section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) applies to National Land, thus enabling the approval of electronic payment methods for pay parking. The National Capital Authority Chief Executive is granted the authority to approve these methods as a notifiable instrument under the Legislation Act 2003 (Cth). The scope of these Rules is limited to the modification of payment methods and does not impose additional regulatory burdens on users. The application of these Rules extends to the National Land within the Australian Capital Territory, ensuring that the management and enforcement of pay parking remain consistent with ACT regulations.

Key Provisions

The Australian Capital Territory National Land (Road Transport) (Electronic Payment Method) Rules 2020 (the Rules) are designed to integrate certain provisions of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) into the legislative framework governing pay parking on National Land. Specifically, section 5 of the Rules declares section 36 of the STM Regulation as applicable to National Land, allowing for the approval of electronic payment methods for pay parking. This section (5) ensures that the approval of such electronic payment methods becomes a notifiable instrument under the Legislation Act 2003 (Cth) by modifying subsection 3 of the STM Regulation (section 6). These provisions provide the National Capital Authority (NCA) Chief Executive with the authority to approve electronic payment methods for pay parking on National Land, aligning the payment methods with those used in the Australian Capital Territory. The Rules impose certain obligations on the NCA Chief Executive, who is now responsible for approving electronic payment methods for pay parking on National Land. This responsibility includes ensuring that any approved electronic payment method complies with the declared provisions of the STM Regulation, as modified by these Rules. The NCA Chief Executive must also ensure that the approval process is transparent and that all stakeholders are adequately informed of any changes to the payment methods. Additionally, the Rules require the NCA to maintain records of all approved electronic payment methods and any modifications to these methods. The Rules do not specify any particular offences, penalties, or civil or criminal consequences for breaches. However, given that the Rules modify existing legislation to include electronic payment methods for pay parking, it can be inferred that any non-compliance with the approved methods or the regulatory requirements could lead to enforcement actions under the broader National Land (Road Transport) Ordinance 2014 (Cth) and related regulations. Such enforcement actions might include fines or other penalties as stipulated in the overarching legislation. The exact penalties would depend on the specific nature of the breach and the provisions of the National Land (Road Transport) Ordinance 2014 (Cth).

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Administrative Law
Environmental Law
Instrument
Regulation
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Definitions & Interpretation
Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.