EXPLANATORY STATEMENT
Issued by the Chief Executive of the National Capital Authority under subsection 33(2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT), as applied and modified by the National Land (Road Transport) Ordinance 2014 (Cth) and the Australian Capital Territory Nation Land (Road Transport) (Parking Authority Guidelines) Rules 2021 (Cth)
Subject - National Land (Road Transport) Ordinance 2014
Australian Capital Territory National Land (Road Transport) (Parking Authority Guidelines) Rules 2021
Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021
The National Land (Road Transport) Ordinance 2014 (Cth) (‘the Ordinance’) provides the legislative framework for the management and enforcement of paid parking on National Land.
Subsection 11(1) of the Ordinance provides that the Minister may make rules prescribing matters required or permitted by the Ordinance to be prescribed by rule, or necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance.
Subsection 8(1) of the Ordinance provides that the National Capital Authority (NCA) Chief Executive is responsible for administering the ACT paid parking legislation in its application to National Land. Subparagraph 8(2)(a)(i) relevantly modifies the ACT paid parking legislation so that a reference to the ‘road transport authority’ is a reference to the ‘NCA Chief Executive’.
Section 5 of the Ordinance defines ‘National Land’ to mean land that is National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth).
Section 5 of the Ordinance relevantly defines ‘ACT paid parking legislation’ to mean any ACT law that is declared by rule to be part of the ACT paid parking legislation.
Section 5 of the Australian Capital Territory National Land (Road Transport) (Parking Authority Guidelines) Rules 2020 (‘the Rules’) declares section 33 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) (‘STM Regulation’) to be part of the ACT paid parking legislation.
Subsection 33(2) of the STM Regulation provides that the road transport authority may declare a person who has applied under subsection 33(1) of the STM Regulation to be a parking authority for a stated area. A parking authority under section 37 of the STM Regulation may establish and operate a ticket parking scheme for any length of road or area within its area of operation in accordance with the Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021.
The Australian Capital Territory National Land (Road Transport) Parking Authority
Declaration 2021 (‘the Declaration’) is a declaration for the purposes of subsection 33(2) of the STM Regulation, as applied and modified by the Ordinance and the Rules.
Purpose and Operation
The Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021 declares the High Court of Australia to be a parking authority for the area of Block 15, Section 28 of Parkes.
This Declaration is a Legislative Instrument for the purposes of the Legislative Instruments Act 2003.
The Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
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 and the STM Regulation 2017 as modified by the Guidelines Rules does not specify any conditions that need to be satisfied before the power to make the Declaration may be exercised.
Consultation
Consultation was undertaken with the High Court of Australia. Public consultation is 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 Declaration is the Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021.
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 Declaration is made under subsection 33(2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) as applied to National Land (Road Transport) Ordinance 2014 as modified by Australian Capital Territory National Land (Road Transport) (Parking Authority Guidelines) Rules 2021.
Section 4- Parking authority
This section declares the High Court of Australia as a parking authority for Block 15, Section 28 of Parkes.
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) Parking Authority Declaration 2021
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Declaration
This Declaration declares the High Court of Australia as a parking authority. This instrument allows the High Court to run and enforce a ticket parking scheme under road transport legislation in line with the Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021.
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.