THE AUSTRALIAN NATIONAL UNIVERSITy
Australian National University (Parking and Traffic) Non-application Declaration 2024
I, Distinguished Professor Genevieve Bell, Vice-Chancellor, make the following instrument.
Dated 29 October 2024
Distinguished Professor Genevieve Bell AO FTSE FAHA
Vice-Chancellor and President
Contents
1 Name
2 Commencement
3 Authority
4 Definition
5 Non-application of ‘active vehicle’ requirement of the statute
1 Name
This is the Australian National University (Parking and Traffic) Non-application Declaration 2024.
2 Commencement
This instrument commences on 1 January 2025.
3 Authority
This instrument is made under the Road Transport (General) Act 1999 (ACT), section 13 (Power to exclude vehicles, persons or animals from road transport legislation) as applied in relation to University land by the Australian National University (Parking and Traffic) Statute 2019, section 9 (Application of applied ACT parking and traffic legislation).
[Note 1: This instrument is a notifiable instrument under the Legislation Act 2003 (Cwlth).]
[Note 2: The ACT General Act, section 13 is applied by the statute, Schedule 1 (Applied ACT parking and traffic legislation), section 1, item 1(a)(v)).]
[Note 3: The ACT road transport legislation applies to University land with the modifications provided by the statute, Schedule 2 (General modifications) and Schedule 3 (Specific modifications), including modifications under the following provisions:
- Schedule 2, sections 6 (Minister) and 12 (Road transport legislation and applied ACT laws)
- Schedule 3, section 1(5) and (6) (General Act modifications.]
4 Definition
In this instrument:
the statute means the Australian National University (Parking and Traffic) Statute 2019.
5 Non-application of ‘active vehicle’ requirement of the statute
(1) The statute, section 10(6) (Issue of parking permits etc.) so far as it requires the selection of a vehicle as the ‘active vehicle’ under an approved e-permit system does not apply to the parking of a vehicle on University land on or after 1 January 2025.
(2) To remove any doubt, subsection (1) does not limit or otherwise affect the operation of the statute, section 10(6) so far as it provides that a parking permit issued in electronic form for 2 or more specified vehicles authorises the parking of only one of those vehicles at any time (and for no other vehicle).
(3) Subsection (1) also does limit or otherwise affect the limitations and conditions to which a parking permit may be subject under the statute, section 10(8), including any limitation or condition in relation to the selection of a vehicle as an ‘active vehicle’ under an approved e-permit system.
(4) To remove any doubt, subsection (1) applies in relation to a parking permit subject to any limitation or condition to which the permit is subject under the statute, section 10(8).
Overview
The Australian National University (Parking and Traffic) Non-application Declaration 2024, enacted by Distinguished Professor Genevieve Bell, Vice-Chancellor of the Australian National University, addresses the need to modify certain parking and traffic regulations on university land to better accommodate its specific operational requirements. This instrument was made under the authority of the Road Transport (General) Act 1999 (ACT) and the Australian National University (Parking and Traffic) Statute 2019, and it specifically modifies the application of the 'active vehicle' requirement for parking permits on university land, effective from 1 January 2025. The purpose of this legislation is to allow for more flexibility in parking management while ensuring that other conditions and limitations on parking permits remain in effect. This instrument aims to streamline parking regulations in line with the unique needs of the university environment.
Scope and Application
The Australian National University (Parking and Traffic) Non-application Declaration 2024 applies specifically to the parking of vehicles on University land as defined in the Australian National University (Parking and Traffic) Statute 2019. This instrument is effective from 1 January 2025, made under the authority of the Road Transport (General) Act 1999 (ACT) as applied to the University land. It specifically exempts the requirement of selecting an 'active vehicle' under the approved e-permit system from the statute, section 10(6). However, it clarifies that the provision remains applicable in terms of a parking permit authorising only one of the specified vehicles at any given time. Additionally, the instrument ensures that the limitations and conditions on parking permits, including those related to selecting an 'active vehicle', continue to apply under the statute, section 10(8). The instrument does not extend its application to other areas of road transport legislation or other types of vehicles or conduct outside the scope of parking permits on University land.
Key Provisions
The Australian National University (Parking and Traffic) Non-application Declaration 2024 (section 1) provides an exemption from the requirement to designate an 'active vehicle' under the Australian National University (Parking and Traffic) Statute 2019. Specifically, section 5(1) of the Declaration states that from 1 January 2025, the provision in the Statute (section 10(6)) that mandates the selection of a vehicle as the 'active vehicle' for an approved electronic permit system does not apply to parking on University land. However, it is important to note that this exemption does not alter the requirement that a parking permit issued for multiple vehicles electronically still only authorises the parking of one of those vehicles at any given time (section 5(2)). Furthermore, the exemption does not affect the limitations and conditions that can be imposed on parking permits under section 10(8) of the Statute, including any conditions relating to the selection of an 'active vehicle' (section 5(3)).
The obligations imposed by the Declaration on the parties it governs primarily concern the compliance with the modified parking permit system, as outlined in section 5. Parking permit holders must ensure that they adhere to any limitations and conditions imposed on their permits, even though the 'active vehicle' selection requirement is no longer applicable. These conditions may include the restriction on the number of vehicles that can be parked at any one time, as stated in section 10(6) of the Statute, which remains unaffected by the Declaration.
In terms of potential breaches and consequences, the Declaration itself does not specify particular offences or penalties. However, the underlying statute, the Australian National University (Parking and Traffic) Statute 2019, likely contains provisions that address non-compliance with parking regulations on University land. Penalties for breaches of parking regulations in the ACT can include fines, and in more severe cases, legal action may be taken against individuals or entities that repeatedly or significantly contravene the rules. The exact penalties would depend on the specific nature of the breach and would be governed by the relevant provisions of the Statute and applicable ACT laws.