National Land (Parking) (Consequential Amendments) Ordinance 1994 (ACT)

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AUSTRALIAN CAPITAL TERRITORY

National Land (Parking) (Consequential Amendments) Ordinance 1994

No. 3 of 1994

 

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

 

 Dated 18-2-1994

 

 

 

      Bill Hayden

      Governor-General

 

By His Excellency’s Command,

 

B. Howe

Minister for Housing, Local Government

and Human Services

 

__________________________________

 

An Ordinance to amend certain Ordinances in consequence of the National Land (Parking) Ordinance 1994

1 Short title ]

  This Ordinance may be cited as the National Land (Parking) (Consequential Amendments) Ordinance 1994.[1]

2 Commencement

 (1) This Ordinance commences on the day on which the National Land (Parking) Ordinance 1994 (other than sections 1 and 2) commences.

3 Amendment — National Land Ordinance 1989, section 4

  Section 4 of the National Land Ordinance 1989 is amended by adding at the end the following subsection:

 ‘(3) Nothing in this section shall be taken to limit the performance by the Minister administering the National Land (Parking) Ordinance 1994 of functions under the provisions of Territory laws applied by that Ordinance.’.

4 Amendment — Reserved Laws (Administration) Ordinance 1989, section 4

  Section 4 of the Reserved Laws (Administration) Ordinance 1989 is amended by adding at the end the following subsection:

 ‘(6) The Minister for the time being administering the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth shall administer the National Land (Parking) Ordinance 1994.’.

 

 

NOTE

[1]  Notified in the Commonwealth of Australia Gazette on 2 March 1994

Overview

The National Land (Parking) (Consequential Amendments) Ordinance 1994 was enacted to make necessary amendments to existing legislation in the Australian Capital Territory in response to the introduction of the National Land (Parking) Ordinance 1994. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority of the Seat of Government (Administration) Act 1910. The primary objective of this Ordinance is to ensure that the new parking regulations introduced by the National Land (Parking) Ordinance 1994 are effectively integrated with existing land management and planning laws within the Australian Capital Territory. The consequential amendments address the need to streamline administrative functions and avoid conflicts between the new parking regulations and existing territorial laws.

Scope and Application

The National Land (Parking) (Consequential Amendments) Ordinance 1994 applies to the Australian Capital Territory and pertains to amendments necessary to align various existing ordinances with the National Land (Parking) Ordinance 1994. This legislation is targeted at ensuring the smooth integration of parking regulations as introduced by the parent Ordinance, making consequential adjustments to the National Land Ordinance 1989 and the Reserved Laws (Administration) Ordinance 1989. The amendments specifically address the administration of parking-related functions under Territory laws and ensure that the relevant minister has the necessary powers and responsibilities. The scope of this Ordinance is confined to the Australian Capital Territory, with its effects being felt within the administrative framework of the Territory's laws and regulations. There are no explicit exclusions or exemptions mentioned in the text, indicating that the consequential amendments apply broadly to the specified ordinances without stated limitations.

Key Provisions

The main operative sections of the National Land (Parking) (Consequential Amendments) Ordinance 1994 include the amendments to the National Land Ordinance 1989 (section 3) and the Reserved Laws (Administration) Ordinance 1989 (section 4). Section 3 adds a new subsection to section 4 of the National Land Ordinance 1989, clarifying that nothing in this section shall limit the performance of functions by the Minister administering the National Land (Parking) Ordinance 1994 under Territory laws. Section 4 adds a new subsection to section 4 of the Reserved Laws (Administration) Ordinance 1989, assigning the administration of the National Land (Parking) Ordinance 1994 to the Minister administering the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth. The Act imposes several obligations and requirements on the parties it governs. It ensures that the Minister administering the National Land (Parking) Ordinance 1994 can perform their functions without limitations imposed by the National Land Ordinance 1989. Furthermore, it mandates that the Minister for the time being administering the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth shall oversee the National Land (Parking) Ordinance 1994. These provisions are essential in maintaining the legal framework for parking regulations and ensuring that the appropriate authorities are responsible for administering these laws. Regarding offences, penalties, or civil/criminal consequences for breach, the Ordinance itself does not explicitly mention any specific penalties. However, breaches of parking regulations governed by the National Land (Parking) Ordinance 1994, which this consequential amendments ordinance supports, may incur penalties as stipulated in that primary ordinance. Typically, penalties for parking offences can include fines and potential vehicle impoundment, as outlined in the relevant parking legislation. The specific maximum penalties would be detailed in the National Land (Parking) Ordinance 1994.

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