THE AUSTRALIAN NATIONAL UNIVERSITY
AUSTRALIAN NATIONAL UNIVERSITY (Parking and traffic) Statute 2017
EXPLANATORY STATEMENT
1. Authority for making the instrument.
Australian National University Act 1991, section 50 and 51.
2. Purpose and operation of the instrument.
The statute regulates and controls traffic, and the parking (including the stopping, standing or leaving) of vehicles, on University land by applying ACT parking and traffic laws. There are, however, 2 main exceptions to the application of ACT law by the statute.
First, the statute applies most, but not all, relevant ACT parking and traffic laws to University land. The applied laws are identified in section 8 and include the specific ACT laws mentioned in Schedule 1.
As a result, most, but not all, matters relating to parking and traffic on University land are provided for under the statute by applying ACT parking and traffic laws. Some matters are, however, dealt with by provisions of the statute itself rather than applied ACT law. For example, Part 3 deals with parking permits and Part 4 deals with fees. This is consistent with the approach that, subject to any arrangements made with the ACT under Part 5, the applied parking and traffic laws are to be administered in relation to University land by the University instead of the ACT.
Second, the statute applies ACT parking and traffic laws with certain modifications (see s 9). Schedule 2 provides modifications that apply generally to applied laws. For example, a reference in the applied laws to the road transport authority is generally a reference to the Vice-Chancellor as the designated authority under the statute (see Schedule 2, section 11). Schedule 3 provides modifications that apply to particular applied ACT parking and traffic laws. For example, section 1 of that Schedule sets out a number of specific modifications to the applied provisions of the ACT Road Transport (General) Act 1999.
3. Documents incorporated in the instrument by reference.
None.
4. Consultation process.
The statute has been socialised to the University Executive, Service Division Directors, College General Managers, School Managers and the presidents of key student groups, ANUSA and PARSA. Formal consultation has also occurred with the Corporate Governance and Risk Office and General Counsel. The statute has been endorsed by the Acting Chief Operating Officer, and approved by the Council.
Corporate Governance and Risk Office
29 September 2017
Overview
The Australian National University (Parking and Traffic) Statute 2017 was enacted to provide a regulatory framework governing traffic and parking on university land, ensuring it aligns with the Australian Capital Territory's (ACT) parking and traffic laws while allowing for necessary modifications. The statute was enacted under the authority of the Australian National University Act 1991, sections 50 and 51, and was intended to address the specific needs of managing traffic and parking on university property, a task that falls under the jurisdiction of the university rather than the ACT government. The statute incorporates most ACT parking and traffic laws but excludes some provisions, which are instead managed by specific sections of the statute itself, such as those dealing with parking permits and fees. Additionally, where ACT laws are applied, they are subject to certain modifications outlined in Schedules 2 and 3, ensuring that references to the ACT’s road transport authority are instead directed to the Vice-Chancellor as the designated authority. The development of this statute involved consultation with various university stakeholders and was ultimately endorsed and approved by the Council.
Scope and Application
The Australian National University (Parking and Traffic) Statute 2017 applies to the regulation and control of traffic and the parking of vehicles on University land, utilising the Australian Capital Territory's (ACT) parking and traffic laws with specified modifications. The statute is applicable to most individuals and entities operating or present on the University's land, as well as to the various conduct and transactions related to parking and traffic. The statute is a Commonwealth instrument, falling under the jurisdiction of the Australian National University Act 1991, sections 50 and 51, and has a geographic reach limited to the territory of the Australian Capital Territory. However, not all ACT parking and traffic laws are applied; only those specified in Schedule 1 are adopted and modified as necessary, with certain matters governed directly by the statute itself rather than by the applied ACT laws. The statute also extends its application through subordinate instruments, such as the schedules that provide the specific modifications to applied ACT laws.
Key Provisions
The Australian National University (Parking and Traffic) Statute 2017 (the Statute) primarily operates by applying the majority of Australian Capital Territory (ACT) parking and traffic laws to the University's land, as detailed in Section 8, while certain provisions of the Statute itself handle specific matters such as parking permits (Part 3) and fees (Part 4). These applied laws are outlined in Schedule 1 and are administered by the University rather than the ACT, subject to any agreements between the University and the ACT as mentioned in Part 5. Section 9 specifies that these ACT laws are applied with certain modifications, which are further detailed in Schedules 2 and 3. For example, references to the road transport authority in the applied laws are generally understood to refer to the Vice-Chancellor as the designated authority under the Statute (see Schedule 2, section 11).
The Statute imposes several obligations and requirements on parties and entities it governs. Firstly, it mandates the application of most ACT parking and traffic laws to University land, ensuring compliance with these laws in terms of traffic and parking regulations. It also requires the University to administer these laws, with modifications as specified, and to issue and manage parking permits as outlined in Part 3 of the Statute. Additionally, the Statute details the fees associated with parking on University land and specifies how these fees are to be collected and managed, as outlined in Part 4.
In terms of breaches, the Statute incorporates the penalties and consequences as stipulated by the applicable ACT laws, with modifications where necessary. These penalties can include fines and other sanctions that are consistent with the ACT’s enforcement mechanisms for parking and traffic violations. The maximum penalties would be those prescribed under the specific ACT laws that are applied through the Statute, reflecting the seriousness of non-compliance with these regulations. The Statute ensures that any breaches are handled in accordance with the modified ACT laws, ensuring a consistent approach to enforcement and accountability on University land.