Pay Parking Fees Rule 2019

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2019L00534 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT – Pay Parking Fees Rule 2019

 

Issued by the Authority of the Minister for Regional Development, Territories and Local Government.

National Land (Road Transport) Ordinance 2014

Pay Parking Fees Rule 2019

Overview and Background

The National Land (Road Transport) Ordinance 2014 (the 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 responsible for the administration of pay parking on National Land.

Under Part 3 Miscellaneous, section 11 Rule Making Power’ of the Ordinance, the Minister may make rules prescribing matters that are required, permitted, necessary or convenient for giving effect to the Ordinance.

The Pay Parking Fees Rule 2019 (‘the Rule’) sets out the parking fees for ticket parking spaces on National Land. 

This rule is a legislative instrument for the purposes of the Legislation Act 2003 (Cth).

The rule commences on 1 July 2019. 

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 in 2014. Consultation occurred with central agencies as part of the 2018-19 budget process.

Detailed provision by provision description of the Ordinance

Section 1 – Name of Rule

This section provides that the title of the Rule is the Pay Parking Fees Rule 2019.

Section 2 – Commencement

This section provides for the Rule to commence on 1 July 2019.


Section 3 – Repeal

This section provides that the Pay Parking Fees Rule 2018 is to be repealed.

Section 4 - Relevant parking fees for ticket parking spaces

This section provides the relevant parking fees for multistay parking areas, shortstay parking areas and pre-paid multi-day tickets outlined in the schedules.

Prior to the introduction of pay parking on 1 October 2014, it was agreed by the Australian Government that pricing would be set at the then market rate, based on the rates of nearby parking areas managed by the ACT government. This approach is consistent with the Resource Management Guide 302 – Australian Government Charging Framework.

Section 5 – Payment of fee

This section provides for the fees to be paid to the Commonwealth by a person parking a vehicle in a ticket parking space.

Section 6 Definitions

This section provides the definitions that are referred to in the Rule.

Schedule 1 – Fees for Ticketed Parking Areas

This schedule provides the applicable fees which will apply on or after 1 July 2019 for the various ticket parking areas.

Schedule 2 – Pre-paid Multi-day Parking Ticket Fees

This schedule provides the applicable fees which will apply on or after 1 July 2019 for pre-paid multi-day ticket fees.

Regulation Impact Statement

The Office of Best Practice Regulation advised that the proposal is likely to have a minor regulatory impact on business, community organisations or individuals. A Regulation Impact Statement does not need to be prepared (OBPR ref: 23829).

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.

 

Sussan Ley Assistant Minister for Regional Development and Territories

Overview

The Pay Parking Fees Rule 2019 was enacted to address the need for a clear framework governing the fees associated with pay parking on National Land in Australia. The rule was introduced by the Minister for Regional Development, Territories and Local Government, in accordance with the provisions of the National Land (Road Transport) Ordinance 2014. This legislative instrument sets forth the parking fees applicable to ticket parking spaces on National Land, thereby ensuring consistency with market rates and the Australian Government Charging Framework. The rule aims to provide clarity and transparency regarding parking fees, facilitating compliance and enforcement of pay parking regulations. Commencing on 1 July 2019, the Pay Parking Fees Rule 2019 seeks to streamline the administrative process by repealing the previous Pay Parking Fees Rule 2018 and replacing it with updated fee structures outlined in the schedules. The enactment of this rule is part of the broader legislative effort to manage road transport and parking on National Land effectively.

Scope and Application

The Pay Parking Fees Rule 2019 applies to the administration of parking fees on National Land, managed by the National Capital Authority (NCA), and concerns the fees associated with parking in ticketed parking areas. This rule is applicable to any person or entity parking a vehicle in a ticketed parking space on National Land. The scope of the rule is limited to setting the parking fees for multi-stay and short-stay parking areas, as well as pre-paid multi-day tickets, as outlined in the schedules of the rule. The rule commenced on 1 July 2019, replacing the Pay Parking Fees Rule 2018. The rule's jurisdiction extends across the National Land, which falls under the purview of the Commonwealth, specifically within the Australian Capital Territory (ACT). There are no stated exclusions or exemptions within the rule, and it does not specify thresholds for application. The rule is a legislative instrument under the Legislation Act 2003 (Cth), and any further extension or restriction of its application would be determined through subordinate instruments as necessary.

Key Provisions

The Pay Parking Fees Rule 2019, under section 4, specifies the fees applicable to ticket parking spaces on National Land, distinguishing between multi-stay parking areas and short-stay parking areas, as well as pre-paid multi-day tickets. These fees are outlined in Schedules 1 and 2, which detail the charges effective from 1 July 2019. The fees are set at market rates, aligning with the pricing strategy agreed upon by the Australian Government in 2014, and consistent with the Resource Management Guide 302 – Australian Government Charging Framework. Entities and individuals governed by this rule, particularly those operating within or visiting ticket parking spaces on National Land, must comply with the specified fee structures. This includes paying the relevant fees for the duration of their parking stay. Operators of parking spaces are required to enforce these fees, ensuring compliance and accurate billing. The fees must be paid to the Commonwealth, as outlined in section 5, and any deviations from this requirement may lead to enforcement actions. Breach of the provisions of this rule may result in civil or criminal consequences, although specific penalties are not detailed within the text provided. However, it is typical in such regulations that non-compliance could lead to fines or other enforcement actions as prescribed under the overarching National Land (Road Transport) Ordinance 2014. The exact nature and extent of penalties would be further clarified in related legislative instruments or enforcement guidelines.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Fees
Definitions & Interpretation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.