THE AUSTRALIAN NATIONAL UNIVERSITY
Australian National University
Australian National University (Parking and Traffic) Statute 2019
EXPLANATORY STATEMENT
1. Authority for making the instrument: This instrument is made under the Australian National University Act 1991, sections 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 section 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 endorsed by the Chief Operating Officer and Council approved the necessary changes. These updates are within the original University Council approval and reflect the legislative changes implemented by the ACT Government, hence do not require greater University consultation.
Corporate Governance and Risk Office
6 December 2019
Overview
The Australian National University (Parking and Traffic) Statute 2019 was enacted to address the need for a comprehensive regulatory framework governing traffic and parking on university land, aligning with the Australian Capital Territory's parking and traffic laws but with certain modifications and exceptions. This statute was made under the authority of the Australian National University Act 1991, sections 50 and 51. The primary objective is to ensure that most, but not all, ACT parking and traffic laws apply to the university land, with specific provisions within the statute itself managing matters such as parking permits and fees. The modifications to the ACT laws ensure that, subject to any arrangements with the ACT, the university administers these laws rather than the ACT itself. The statute incorporates modifications generally and to specific ACT laws, reflecting the legislative changes implemented by the ACT Government. The updates were endorsed by the Chief Operating Officer and approved by the Council, which considered the changes to be within the scope of the original University Council approval and thus not requiring further consultation.
Scope and Application
The Australian National University (Parking and Traffic) Statute 2019 applies to the regulation and control of traffic, and the parking, stopping, standing or leaving of vehicles, on land belonging to the Australian National University. This statute is made under the Australian National University Act 1991 and primarily applies the parking and traffic laws of the Australian Capital Territory to the University land, subject to certain exceptions and modifications. The statute ensures that most relevant ACT parking and traffic laws are applied to the University land, with some provisions of the statute itself addressing matters not covered by the applied ACT laws, such as parking permits and fees. Additionally, while the ACT laws are applied, they are subject to modifications as detailed in Schedules 2 and 3 of the statute, which generally alter references to the road transport authority to the Vice-Chancellor as the designated authority. This statute operates within the jurisdictional reach of the Australian Capital Territory and is applicable to persons and entities found on University land, thereby extending the application of ACT parking and traffic laws in this specific context.
Key Provisions
The Australian National University (Parking and Traffic) Statute 2019 (the "Statute") is an instrumental piece of legislation that governs the management of traffic and parking on University land. Key sections of the Statute, such as section 8, identify which Australian Capital Territory (ACT) parking and traffic laws are applicable to the University land, while sections in Schedules 1 and 3 outline specific modifications to these laws. For instance, Section 8 specifies the applicable ACT laws, including those listed in Schedule 1, while Schedule 2 and Schedule 3 provide general and specific modifications, respectively, to the applied ACT laws. This approach ensures that the Statute applies most, but not all, ACT parking and traffic laws to the University land, with the University administering these laws instead of the ACT.
The Statute imposes several obligations and requirements on the parties and entities it governs. For example, under section 9, the Statute requires that ACT parking and traffic laws be applied with certain modifications, which are detailed in Schedules 2 and 3. This means that references to the road transport authority in the applied laws are generally references to the Vice-Chancellor, as designated by the Statute. Furthermore, the Statute includes specific provisions for parking permits (Part 3) and fees (Part 4), which are not covered by the applied ACT laws. These provisions ensure that the Statute comprehensively regulates parking and traffic on University land while allowing for certain adaptations to the applicable ACT laws.
Breaches of the Statute may result in various civil and criminal consequences, although specific penalties are not detailed within the Statute itself. Instead, penalties for violations of the applied ACT parking and traffic laws, as modified by the Statute, would typically be those prescribed under the ACT laws. For example, offences under the ACT Road Transport (General) Act 1999 could result in fines or other penalties as stipulated by that Act. The Statute, therefore, indirectly enforces compliance through the application of these existing ACT laws, ensuring that any breaches are appropriately addressed under the relevant legislative framework.
In summary, the Australian National University (Parking and Traffic) Statute 2019 primarily applies selected ACT parking and traffic laws to University land with certain modifications. The Statute imposes specific obligations on the University and other governed entities, ensuring that traffic and parking on University land are managed according to a modified version of the applicable ACT laws. While the Statute itself does not detail specific penalties for breaches, such breaches would be subject to the penalties outlined in the relevant ACT laws, thereby maintaining a consistent regulatory approach across both the Statute and the ACT legislation.