EXPLANATORY STATEMENT
Issued by the Authority of the Assistant Minister for Infrastructure and Regional Development
National Land (Road Transport) Ordinance 2014
Removal of Infringement Notice Management Plans 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 Australian Capital Territory (ACT) road transport and parking laws to permit the National Capital Authority (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 Removal of Infringement Notice Management Plans Rule 2014 excludes the application of provisions of the ACT road transport legislation relating to infringement notice management plans in respect of infringement notices issued for infringement notice offences under the Ordinance.
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 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.
Detailed provision by provision description of the Ordinance
Section 1 – Name of rule
This section provides that the title of the rule is the Removal of Infringement Notice Management Plans 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 – No Infringement Notice Management Plans
This section provides that provisions of the ACT road transport legislation which allow persons to request approval for an infringement notice management plan, permit the addition of an infringement notice to an existing infringement notice management plan or which provide for, require or permit action in relation to, or otherwise refer to infringement notice management plans are not applicable to infringement notices issued for an infringement notice offence under the Ordinance.
Regulation Impact Statement
The Office of Best Practice Regulation has 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