EXPLANATORY STATEMENT
Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2023
Made under the National Land (Road Transport) Ordinance 2014 by the Minister for Regional Development, Local Government and Territories
Legislative authority and context
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.
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 paid parking on National Land.
Section 8 of the Ordinance also modifies the ACT paid parking support legislation for a reference to the Minister to include a reference to the Minister responsible for administering the Ordinance.
Included in schedule 2 of the Ordinance as ACT paid parking support legislation section 96 of the Road Transport (General) Act 1999 (ACT) (‘the General Act’) provides that the Minister may determine fees, charges and other amounts payable under road transport legislation.
The General Act has been modified by the Australian Capital Territory National Land (Road Transport) (Parking Legislation, Fees and Permits) Rules 2021 to allow any determination of fees made by the minister to be a disallowable instrument under the Legislation Act 2003 (Cth).
Purpose and operation
The Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2023 (‘the Determination’) is to determine the fees payable for parking in a ticket parking space in a parking area set aside by the NCA chief executive.
The Determination repeals and remakes the Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2021. The Determination includes a fee increase of $0.20 per hourly rate and $0.50 per daily rate applicable from 1 July 2023.
This increase is based on aligning parking fees applicable to parking on National Land with that of rates of parking areas managed by the ACT Government which are in close proximity to National Land. On the introduction of paid parking on National Land, market rates were the basis of determining fees. This approach is consistent with the Resource Management Guide 302 Australian Government Charging Framework.
The Determination is a Legislative Instrument for the purposes of the Legislative Instruments Act 2003.
The Determination commences on 1 July 2023.
Impact Analysis Statement
The Office of Impact Analysis 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 an Impact Analysis Statement is not required.
Conditions to be satisfied
The Ordinance and the General Act does not specify any conditions that need to be satisfied before the power to make the Determination may be exercised.
Consultation
Consultation was undertaken with the relevant ACT Government agencies as well as affected members of the community as part of the broader consultation process undertaken in respect of the Ordinance in 2014. Consultation occurred with central agencies as part of the 2018-19 budget process.
ATTACHMENT A
Explanation of provisions
Section 1- Name
This section provides that the name of the Determination is the Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2023.
Section 2- Commencement
This section provides that the Determination commences on 1 July 2023.
Section 3- Authority
This section provides that the Determination is made under section 96 of the Road Transport (General) Act 1999 (ACT), as applied by the National Land (Road Transport) Ordinance 2014, and as modified by that Ordinance and the Australian Capital Territory National Land (Road Transport) (Parking Legislation, Fees and Permits) Rules 2021.
Section 4- Definitions
Defines expressions and terms used in the Determination.
Section 5- Fees
This section provides fees payable for use of ticket parking space in ticket parking area set aside by the NCA chief executive.
Schedule 1
This section repeals Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2021.
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 Fees) Determination 2023
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 Determination
The purpose of the Determination is to set out the fees payable for use of a ticket parking space on National Land.
The Australian Government aims to maintain consistency with the ACT Government paid parking operations. In order to maintain consistency and increase accessibility to the National Cultural Institutions, the Determination includes a $0.20 per hourly rate and $0.50 increase per daily rate from the 2022 fees.
Human rights implications
The Determination does not engage any of the applicable rights or freedoms.
Conclusion
The Determination is compatible with human rights as it does not raise any human rights issues.