EXPLANATORY STATEMENT
Issued by the Authority of the Assistant Minister for Infrastructure and Regional Development
National Land (Road Transport) Ordinance 2014
Extension of Time Rule 2014
Overview and Background
The National Land (Road Transport) Ordinance 2014 (Ordinance) provides the legislative framework for the management and enforcement of pay 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 pay parking on National Land.
Under Part 3 Miscellaneous, subsection 11 Rule Making Power, the Minister may make rules prescribing matters that are required, permitted, necessary or convenient for giving effect to the Ordinance.
The Extension of Time Rule 2014 permits applications for extensions of time to do things to be made by means other than in writing, provided they are made in a manner approved by the NCA Chief Executive.
This rule is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The rule commenced on the day after it was registered.
Consultation
The National Capital Authority, as responsible agency for National Land, undertook consultation with the relevant ACT agencies as well as affected members of the community as part of the broader consultation process undertaken in respect of the Ordinance.
Detailed provision by provision description of the Ordinance
Section 1 – Name of rule
This section provides that the title of the rule is the Extension of Time Rule 2014.
Section 2 – Commencement
This section provides for the rule to commence on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Modified application of section 14C of the Road Transport (Offences) Regulation 2005 (ACT) to National Land
This section modifies the application of section 14C(2) of the Road Transport (Offences) Regulation 2005 (ACT) under the Ordinance to permit a request for an extension of time to do things relating to an infringement notice offence issued under the Ordinance to be made in any manner approved by the administering authority.
Section 4 – Modified application of section 14D of the Road Transport (Offences) Regulation 2005 (ACT) to National Land
This section modifies the application of section 14D(2) of the Road Transport (Offences) Regulation 2005 (ACT) under the Ordinance to permit a request for an extension of time to do things relating to an infringement notice offence issued under the Ordinance to be made in any manner approved by the administering authority.
Section 5 – Approved manner of application
For the purposes of section 3 and 4 of the rule, this section outlines when an application is made in the approved manner including by telephone, in writing or other manner of application acceptable to the administering authority from time to time.
Regulation Impact Statement
The Office of Best Practice Regulation advised a Regulation Impact Statement is not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
Human rights implications
This rule does not engage any of the applicable rights or freedoms.
Conclusion
This rule is compatible with human rights as it does not raise any human rights issues.
Jamie Briggs
Assistant Minister for Infrastructure and Regional Development