EXPLANATORY STATEMENT
Issued by the Authority of the Assistant Minister for Infrastructure and Regional Development
National Land (Road Transport) Ordinance 2014
Staffing and Delegations 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 Staffing and Delegations Rule 2014 makes provision for the NCA Chief Executive to make arrangements with a person to be made available for the purposes of the Ordinance. The Rule also provides for the NCA Chief Executive to delegate functions and powers under the Ordinance to officers and employees of the NCA and any person whose services have been made available for the purposes of 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 Staffing and Delegations 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 – Staff
This section provides that the NCA Chief Executive may make arrangements with a person to be made available for the purposes of the Ordinance.
Section 4 – Delegation of NCA Chief Executive’s functions and powers
This section provides that the NCA Chief Executive may delegate all or any functions and powers under the Ordinance to NCA officers or other persons whose services have been made available for the purposes of the Ordinance under section 3 of this rule.
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