Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021

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

Legislation au F2021L01695 Not in force Legislative Instrument

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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.

 

Overview

The Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021 was issued by the Chief Executive of the National Capital Authority under the authority provided by the National Land (Road Transport) Ordinance 2014 (Cth). The purpose of this legislation is to address the need for the management and enforcement of paid parking on National Land. The National Capital Authority is tasked with administering the ACT paid parking legislation in its application to National Land, as per the provisions of the Ordinance. This Declaration specifically designates the High Court of Australia as a parking authority for Block 15, Section 28 of Parkes, allowing it to establish and operate a ticket parking scheme in accordance with the Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021. The enactment of this Declaration aims to ensure orderly and effective management of parking on designated areas of National Land, contributing to traffic management and safety within the Australian Capital Territory.

Scope and Application

The Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021 applies to the High Court of Australia, designating it as a parking authority for the specific area of Block 15, Section 28 of Parkes, thereby empowering it to establish and operate a ticket parking scheme in accordance with the Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021. This legislation extends to the Australian Capital Territory, operating within the jurisdictional framework established by the National Land (Road Transport) Ordinance 2014 (Cth) and the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT). The Declaration is made under the authority provided by the Ordinance, modified by the Australian Capital Territory National Land (Road Transport) (Parking Authority Guidelines) Rules 2021, and it commences on the day following its registration on the Federal Register of Legislative Instruments. The Declaration does not specify any conditions for its implementation and has undergone consultation with the High Court of Australia, with no public consultation deemed necessary due to the minor nature of the modifications. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.

Key Provisions

The Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021, as declared 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 National Land (Road Transport) (Parking Authority Guidelines) Rules 2021 (Cth), serves to designate the High Court of Australia as a parking authority for a specific area, Block 15, Section 28 of Parkes. This Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and becomes effective the day after its registration on the Federal Register of Legislative Instruments. The primary function of this Declaration is to enable the High Court to implement and enforce a ticket parking scheme within its designated area, in accordance with the Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021. This scheme is established to manage and regulate parking activities, ensuring compliance with road transport legislation. The Declaration imposes certain obligations and requirements on the High Court of Australia as the designated parking authority. It mandates the High Court to establish and operate a ticket parking scheme for the specified area, adhering to the guidelines set out in the Parking Authority Guidelines 2021. This includes the responsibilities of issuing parking tickets, managing the collection of parking fees, and enforcing compliance with the established parking regulations. The High Court must ensure that all operations are conducted in line with the legislative framework and the guidelines provided, maintaining transparency and fairness in the enforcement of parking rules. In terms of consequences for non-compliance, the Australian Capital Territory National Land (Road Transport) Parking Authority Declaration 2021 does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches within its text. However, it operates within the broader framework of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) and the National Land (Road Transport) Ordinance 2014 (Cth), which likely contain provisions regarding enforcement actions and penalties for violations of parking regulations. The High Court, as a designated parking authority, would be responsible for enforcing these provisions, ensuring that any breaches are appropriately addressed and that offenders are subject to the applicable penalties as outlined in the relevant legislation.

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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.