Australian Capital Territory National Land (Road Transport) Minister Delegation (No. 2) 2025

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

Legislation au F2025N00883 In force Notifiable Instrument

Legislation content

 

Australian Capital Territory National Land (Road Transport) Minister Delegation (No. 2) 2025


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

Dated 4 November 2025   

Kristy McBain

Minister for Regional Development, Local Government and Territories

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

6  Delegation of Minister’s powers under the Ordinance

7  Delegation of Minister’s powers under the applied ACT road transport law

Schedule 1—Repeals

 

 

1  Name

  This instrument is the Australian Capital Territory National Land (Road Transport) Minister Delegation (No. 2) 2025.

2  Commencement

  This instrument commences on the day it is signed.

3  Authority

  This instrument is made under:

 (a) section 12C of the Seat of Government (Administration) Act 1910; and

 (b) section 11 of the Australian Capital Territory National Land (Road Transport) Ordinance 2025.

4  Definitions

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

(a) applied ACT road transport law;

(b) power;

(c) rules.

  In this instrument:

Chief Executive, NCA means the Chief Executive of the NCA as referred to in section 45 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Chief Operating Officer, NCA means the Chief Operating Officer of the NCA.

Director Estate Management, NCA means:

 (a) the position of Director Estate Management (EL2) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for directly managing the operational and strategic aspects of the applied ACT road transport law.

Manager Contract Services, NCA means:

 (a) the position of Manager Contract Services (EL1) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for managing the day-to-day operational and strategic aspects of the applied ACT road transport law.

NCA means the National Capital Authority established by section 5 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Ordinance means the Australian Capital Territory National Land (Road Transport) Ordinance 2025.

Parking Provider Operations and Enforcement Staff mean the persons or officers employed by a third-party parking service provider who carry out the day-to-day operations under the arrangement between the provider and the Minister (or their delegate).

Parking Provider Operator means the persons or officers employed by, or the positions within, a third-party parking service provider with responsibility for the operations under the arrangement between the provider and the Minister (or their delegate).

Parking Provider Supervisor means the person or officer employed by, or the position within, a third-party parking service provider with responsibility for supervising the arrangement between the provider and the Minister (or their delegate).

Senior Officer Contract Services, NCA means:

 (a) the position of Senior Officer Contract Services (APS 6) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for assisting in the management of day-to-day operational aspects of the applied ACT road transport law.

third-party parking service provider means a person with whom the Minister (or their delegate) has entered into an arrangement under section 12 of the Ordinance.

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.

6  Delegation of Minister’s powers under the Ordinance

  The power of the Minister under the provision of the Ordinance specified in column 1 of an item in the following table is delegated to the person occupying, or acting in, the role or position specified in column 2 of the item.

 

Delegation of Minister’s powers under the Ordinance

Item

Column 1

Column 2

 

Provision of the Ordinance (power)

Roles or positions

1

Subsection 9(1) (declarations in relation to road and road related areas)

Chief Executive, NCA

2

Subsection 12(1) (administrative arrangements with ACT or another person

Chief Executive, NCA

3

Subsection 13(1) (authorised persons)

Chief Executive, NCA

4

Subsection 14(1) (rule-making power)

Chief Executive, NCA

 

7  Delegation of Minister’s powers under the applied ACT road transport law

  The power of the Minister under the provision of the applied ACT road transport law specified in column 1 of an item in the following table is delegated to the persons:

 (a) occupying, or acting in, the roles or positions specified in column 2 of the item; or

 (b) performing the duties of the roles or positions specified in column 2 of the item.

 

Delegation of Minister’s powers under the applied ACT road transport law

Item

Column 1

Column 2

 

Provision of the applied ACT road transport law (power)

Roles or positions

Road Transport (General) Act 1999 (ACT)(Cth)

1

Subsection 20(1) of the Road Transport (General) Act 1999 (ACT)(Cth) (identity cards)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

2

Subsection 27(2) of the Road Transport (General) Act 1999 (ACT)(Cth) (reminder notice—service and contents)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

3

Subsections 29(2) and (3) of the Road Transport (General) Act 1999 (ACT)(Cth) (extension of time to do things)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

4

Subsections 31B(1), (2), (3), (5) and (6) of the Road Transport (General) Act 1999 (ACT)(Cth) (application for infringement notice management plan or addition to plan—decision)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

5

Subsections 31G(1), (2), (3) and (5) of the Road Transport (General) Act 1999 (ACT)(Cth) (application for waiver of penalty—decision)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

6

Subsections 35(1), (3) and (4) of the Road Transport (General) Act 1999 (ACT)(Cth) (application for withdrawal—decision)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

7

Subsections 36(1), (2), (4) and (5) of the Road Transport (General) Act 1999 (ACT)(Cth) (infringement notice—withdrawal)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

8

Subsection 36A(2) of the Road Transport (General) Act 1999 (ACT)(Cth) (infringement notice—effect of withdrawal on infringement notice management plan)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

9

Subsections 53(2), (3) and (5) of the Road Transport (General) Act 1999 (ACT)(Cth) (procedure if liability disputed)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

10

Section 91 of the Road Transport (General) Act 1999 (ACT)(Cth) (applications for internal review)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

 

11

Section 92A of the Road Transport (General) Act 1999 (ACT)(Cth) (internal reviewer)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

 

12

Section 94 of the Road Transport (General) Act 1999 (ACT)(Cth) (reviewable decision notices)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

 

13

Subsection 225(1) of the Road Transport (General) Act 1999 (ACT)(Cth) (approved forms)

Chief Executive, NCA

Chief Operating Officer, NCA

Road Transport (General) Regulation 2000 (ACT)(Cth)

14

Subsection 13AA(1) of the Road Transport (General) Regulation 2000 (ACT)(Cth) (remission of fees, charges and other amounts—authority)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

 

15

Subsection 13AA(2) of the Road Transport (General) Regulation 2000 (ACT)(Cth) (remission of fees, charges and other amounts—authority)

Chief Executive, NCA

16

Subsection 13A(2) of the Road Transport (General) Regulation 2000 (ACT)(Cth) (rounding down of fees)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

17

Section 14 of the Road Transport (General) Regulation 2000 (ACT)(Cth) (refund of fees, charges and other amounts)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Road Transport (Offences) Regulation 2005 (ACT)(Cth)

18

Section 11 of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (people authorised for infringement notices etc to have unique number)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

19

Section 14 of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (infringement notices—service on nominated person)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

20

Section 14C of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (extension of time—application within time)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

21

Section 14D of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (extension of time—application out-of-time)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

22

Section 16B of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (payment of amounts under plan)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

23

Section 16BA of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (variation or suspension of plan)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

24

Section 16C of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) (non-compliance with plan allowing payment by instalments)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

Senior Officer Contract Services, NCA

Parking Provider Supervisor

Parking Provider Operator

Parking Provider Operations and Enforcement Staff

Road Transport (Road Rules) Regulation 2017 (ACT)(Cth)

25

Subsection 213O(1) of the Road Transport (Road Rules) Regulation 2017 (ACT)(Cth) (temporary closure of ticket parking space and area)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth)

26

Subsection 33(2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (parking authorities)

Chief Executive, NCA

27

Subsection 34(1) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (parking authority guidelines)

Chief Executive, NCA

28

Section 35 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (ticket parking schemes—road transport authority)

Chief Executive, NCA

29

Subsections 36(1) and (2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (approval of e-payment method)

Chief Executive, NCA

30

Subsections 64(1), (4) and (5) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (parking permits)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

Manager Contract Services, NCA

 

31

Section 66 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (parking permits and mobility parking scheme authorities—cancellation)

Chief Executive, NCA

Chief Operating Officer, NCA

Director Estate Management, NCA

32

Section 72 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) (overlapping schemes)

Chief Executive, NCA

Note 1: The rules define administering authority, in relation to an applied ACT road transport law, or a provision of an applied ACT road transport law, to be the Minister. A reference to the administering authority in the provisions mentioned in items 2 to 9 and 18 to 24 is therefore read as a reference to the Minister, who can then delegate their powers under those provisions in this instrument.

Note 2: The rules do not apply paragraphs 31G(3)(c), (d) and (e) of the Road Transport (General) Act 1999 (ACT). Those paragraphs therefore do not form part of the applied ACT road transport law for the purposes of item 5.

Note 3: The rules define decision-maker, in relation to an applied ACT road transport law, or a provision of an applied ACT road transport law, to be the Minister. A reference to the decision-maker in the provisions mentioned in items 10, 11 and 12 is therefore read as a reference to the Minister, who can then delegate their powers under those provisions in this instrument.

Note 4: The rules only apply section 66 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) to the extent that it relates to parking permits and not mobility parking scheme authorities. The power to cancel mobility parking scheme authorities therefore does not form part of the applied ACT road transport law for the purposes of item 31.

 

 

 

 


 

Schedule 1—Repeals

Australian Capital Territory National Land (Road Transport) (Minister) Delegation 2025

1 The whole of the instrument

Repeal the instrument.

 

Overview

The Australian Capital Territory National Land (Road Transport) Minister Delegation (No. 2) 2025 was enacted to address administrative and operational complexities in managing road transport-related responsibilities within the Australian Capital Territory. This instrument was introduced to streamline the delegation of powers to various officials within the National Capital Authority (NCA), thereby ensuring efficient governance and compliance with road transport regulations. Enacted under section 12C of the Seat of Government (Administration) Act 1910 and section 11 of the Australian Capital Territory National Land (Road Transport) Ordinance 2025, the primary policy objective is to delegate specific powers of the Minister for Regional Development, Local Government and Territories to streamline the enforcement and management of road transport laws. The delegation includes powers related to declarations, administrative arrangements, rule-making, and enforcement, among others, thereby facilitating a more responsive and effective regulatory environment for road transport in the Australian Capital Territory.

Scope and Application

The Australian Capital Territory National Land (Road Transport) Minister Delegation (No. 2) 2025 applies to the delegation of certain powers of the Minister for Regional Development, Local Government and Territories under the Australian Capital Territory National Land (Road Transport) Ordinance 2025 and related road transport laws. The Act specifies roles and positions within the National Capital Authority (NCA) and third-party parking service providers to whom these powers are delegated. The delegation includes the authority to make declarations, enter into administrative arrangements, authorise persons, make rules, and handle various administrative tasks related to road transport management, including identity cards, infringement notices, penalty waivers, and internal reviews. The geographic reach of this legislation is limited to the Australian Capital Territory (ACT). This instrument does not explicitly mention exclusions, exemptions, or thresholds but delegates specific powers to certain roles and positions within the NCA and third-party providers, implying that only those delegated have the authority to perform the specified tasks. The application of the Act may be extended or restricted through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The Australian Capital Territory National Land (Road Transport) Minister Delegation (No. 2) 2025 outlines the delegation of powers from the Minister for Regional Development, Local Government and Territories to various officials and positions within the National Capital Authority (NCA) and third-party parking service providers. The instrument specifies the roles and positions to which these powers are delegated, as detailed in the Schedules. Specifically, the Minister delegates powers under the Australian Capital Territory National Land (Road Transport) Ordinance 2025 and the applied ACT road transport law to roles such as the Chief Executive, Chief Operating Officer, Director Estate Management, Manager Contract Services, Senior Officer Contract Services, Parking Provider Supervisor, Parking Provider Operator, and Parking Provider Operations and Enforcement Staff. The obligations imposed by this instrument require these officials to perform their respective delegated duties in accordance with the provisions of the Ordinance and the applied ACT road transport law. For example, the Chief Executive, NCA, is tasked with making declarations in relation to roads and road-related areas, establishing administrative arrangements with the ACT or other persons, authorizing certain persons, and making rules. Similarly, the Chief Operating Officer, NCA, and other designated officials are responsible for managing identity cards, handling reminder notices, extending time limits, making decisions on infringement notice management plans, and processing applications for waivers of penalties. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of this instrument. However, it is implicit that failure to adhere to the delegations and the provisions of the Ordinance and applied ACT road transport law could lead to legal consequences under the respective Acts and Regulations. The exact penalties would depend on the specific breach and the relevant sections of the applicable legislation.

Legal classification tags

Area of Law
Administrative Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Delegation of Powers
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.