EXPLANATORY STATEMENT – Pay Parking Fees Rule 2020
Issued by the Authority of the Minister for Regional Development, Territories and Local Government.
National Land (Road Transport) Ordinance 2014
Pay Parking Fees Rule 2020
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 2020 (‘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 17 August 2020.
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 2020.
Section 2 – Commencement
This section provides for the Rule to commence on 17 August 2020.
Section 3 – Repeal
This section provides that the Pay Parking Fees Rule 2019 is to be repealed.
Section 4 - Relevant parking fees for ticket parking spaces
This section provides the relevant parking fees for multi–stay parking areas, short–stay parking areas and pre-paid multi-day tickets outlined in the schedules.
Prior to the introduction of pay parking on 1 October 2104, 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 17 August 2020 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 17 August 2020 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.
Nola Marino Assistant Minister for Regional Development and Territories