EXPLANATORY STATEMENT – Parking Permit Fees Rule 2014
Issued by the Authority of the Assistant Minister for Infrastructure and Regional Development
National Land (Road Transport) Ordinance 2014
Parking Permit Fees 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 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.
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 Parking Permit Fees Rule 2014 sets out the fees for parking permits issued by the NCA chief executive under the Parking Permit Rule 2014 and section 100(2) of the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT) .
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 Parking Permit Fees 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 – Determination of fees
This section provides that the fee payable for a parking permit is the amount for that item in column 3 of schedule 1 that is effective from the date in column 3 of schedule 1.
Section 4 – Payment of fees
This section provides for the fee listed in schedule 1 to be payable to the NCA chief executive by the applicant for the parking permit to which the application relates.
Section 5 – Definitions
This section provides the definitions that are referred to in the rule.
Schedule 1 – Fees for Parking Permits
This schedule provides the details of the parking permit for which the fee is payable and the fee payable from the date specified in column 3 of schedule 1.
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
Overview
The Parking Permit Fees Rule 2014 was enacted to address the need for a standardised fee structure for parking permits issued on National Land, as governed by the National Land (Road Transport) Ordinance 2014. This legislative instrument was issued by the Authority of the Assistant Minister for Infrastructure and Regional Development and was developed to facilitate the administration of pay parking on National Land by the NCA chief executive. The rule was designed to complement the broader legislative framework established by the Ordinance, ensuring that fees for parking permits are clearly defined and uniformly applied. The National Capital Authority, as the responsible agency for National Land, engaged in consultation with relevant ACT agencies and the community to ensure the rule meets the needs of stakeholders while avoiding any potential human rights issues.
The rule was developed under the authority granted by subsection 11 Rule Making Power in Part 3 Miscellaneous of the Ordinance, and it sets out the fees for parking permits as required by the legislation. The rule commenced on the day following its registration on the Federal Register of Legislative Instruments. The Parking Permit Fees Rule 2014 specifies the fees payable for parking permits and mandates that these fees be paid by the applicant to the NCA chief executive. This approach aims to streamline the administration of parking permits on National Land and ensure compliance with the legislative requirements outlined in the Ordinance and the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT).
Scope and Application
The Parking Permit Fees Rule 2014 applies to the fees for parking permits issued by the National Capital Authority (NCA) chief executive under the Parking Permit Rule 2014 and section 100(2) of the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT). The rule establishes the specific fees payable for parking permits on National Land, which is administered by the NCA. These fees are applicable to individuals or entities seeking parking permits for vehicles on designated areas within the National Capital, as governed by the National Land (Road Transport) Ordinance 2014. The rule is designed to streamline the administration of pay parking on National Land, ensuring that the fees charged are clearly defined and uniformly applied. The scope of the rule is confined to the National Capital and does not extend beyond this geographic jurisdiction unless otherwise specified by subordinate instruments. There are no stated exclusions, exemptions, or thresholds within the rule itself, though the specifics of fee structures and applicability may be further detailed in the schedules or subsidiary regulations. The rule came into effect on the day after its registration on the Federal Register of Legislative Instruments, affirming its immediate applicability from that date.
Key Provisions
The Parking Permit Fees Rule 2014, introduced under the National Land (Road Transport) Ordinance 2014, sets out the fees for parking permits issued by the National Capital Authority (NCA) chief executive (section 3). The fees are specified in Schedule 1, which lists the applicable charges for various types of parking permits, effective from the dates mentioned in column 3. These fees must be paid by the applicant to the NCA chief executive at the time of application (section 4). The rule also clarifies that it commenced on the day following its registration on the Federal Register of Legislative Instruments (section 2). Additionally, Section 5 of the rule provides definitions for terms used within the rule.
The Act imposes certain obligations on parties involved in the issuance and payment of parking permits. The NCA chief executive is required to administer the fees as outlined in the rule, ensuring that applicants pay the correct amount listed in Schedule 1 for the type of permit they are applying for. The applicants, on the other hand, must ensure that they pay the specified fee when applying for a parking permit. This ensures a transparent and regulated process for managing parking permits on National Land.
In terms of penalties and consequences for non-compliance, the rule does not explicitly outline specific offences or penalties for breaches of the fee provisions. However, any failure to pay the correct fee as stipulated could potentially lead to the permit application being rejected or the permit being invalid. This could result in unauthorised parking, which might incur additional fines or penalties under other relevant laws, such as the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT). The exact penalties for unauthorised parking would be governed by the relevant traffic laws, which could include fines and demerit points.