EXPLANATORY STATEMENT
Issued by the Chief Executive of the National Capital Authority
National Land (Road Transport) Ordinance 2014
Parking Authority Declaration 2014 – High Court of Australia
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 ACT road transport and parking laws to permit the NCA Chief Executive to be exclusively responsible for the administration of pay parking on National Land.
Section 75A of the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT) (Regulation) applies to National Land under section 7 of the Ordinance. The application of section 75A of the Regulation is modified by section 8 of the Ordinance to provide that the NCA Chief Executive may declare a person to be a parking authority within a stated area. This Parking Authority Declaration declares the High Court of Australia to be a parking authority for the purposes of section 75A of the Regulation within the stated area (a parcel of National Land).
The Declaration is being treated as a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The Declaration commenced on the day after it was registered.
Consultation
The NCA, 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.
Regulation Impact Statement
The Office of Best Practice Regulation have 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 Declaration does not engage any of the applicable rights or freedoms.
Conclusion
This Declaration is compatible with human rights as it does not raise any human rights issues.
Malcolm Snow
Chief Executive of the National Capital Authority