THE AUSTRALIAN NATIONAL UNIVERSITy

Australian National University (Parking and Traffic) Statute 2019

 

The Council of the University makes the following statute.

Dated 6 December 2019

 

Professor the Hon Gareth Evans AC QC FASSA FAIIA

Chancellor

 

Contents

Part 1— Preliminary

1 Name

2 Commencement

3 Authority

4 Simplified outline of this instrument

5 Definitions

6 References to ACT laws

7 Application of certain definitions in ACT legislation

Part 2— Applied ACT parking and traffic legislation

8 What is the applied ACT parking and traffic legislation?

9 Application of applied ACT parking and traffic legislation

Part 3— Parking permits

10 Issue of parking permits etc.

11 Meaning of conditions about display of parking permits

12 Replacement of lost etc. parking permits

13 Surrender of parking permits

14 Cancellation of parking permits

15 Approval of e-permit systems

Part 4— Fees

16 Determination of fees

17 Approval of e-payment methods

Part 5— Arrangements with the ACT

18 Administrative arrangements with ACT

19 Installation of prescribed traffic control devices on University land etc.

Part 6— Miscellaneous

20 Traffic sign diagrams

21 Words on or with certain traffic signs

22 Appointment of authorised persons

23 Approved forms

24 Service of notices etc.

25 Delegation and subdelegation of designated authority’s functions

26 Repeal

27 Transitional

Schedule 1— Applied ACT parking and traffic legislation

1 Applied ACT parking and traffic legislation

Schedule 2— General modifications

1 Administering authority

2 Approved e-payment method

3 Approved forms

4 Authorised persons: general

5 Authorised persons: infringement notices and reminder notices

6 Minister

7 Notifiable instruments

8 Offence references

9 Parking permits

10 Penalty levels

11 Road transport authority

12 Road transport legislation and applied ACT laws

13 Working day

Schedule 3— Specific modifications

1 General Act modifications

2 General Regulation modifications

3 Offences Regulation modifications

4 Safety and Traffic Management Act modifications

5 Safety and Traffic Management Regulation modifications

6 Road Rules Regulation modifications

7 Extension of Time Guidelines modifications

8 Waiver of Infringement Notice Penalties Guidelines modifications

9 Withdrawal of Infringement Notices Guidelines modifications

Part 1—Preliminary

This is the Australian National University (Parking and Traffic) Statute 2019.

This instrument commences on 1 January 2020.

This instrument is made under the Australian National University Act 1991, sections 50 and 51.

The Australian National University Act 1991 authorises the Council of the University to make statutes for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the ACT. The statute may provide for the punishment, upon summary conviction, by a fine, of offences against the statute.

This statute is made under that authority.

The statute regulates and controls traffic, and the parking (including the stopping, standing or leaving) of vehicles, on University land by applying ACT parking and traffic laws. There are, however, 2 main exceptions to the application of ACT law by the statute.

First, the statute applies most, but not all, relevant ACT parking and traffic laws to University land. The applied laws are identified in section 8 and include the specific ACT laws mentioned in Schedule 1.

As a result, most, but not all, matters relating to parking and traffic on University land are provided for under the statute by applying ACT parking and traffic laws. Some matters are, however, dealt with by provisions of the statute itself rather than applied ACT law. For example, Part 3 deals with parking permits and Part 4 deals with fees. This is consistent with the approach that, subject to any arrangements made with the ACT under Part 5, the applied parking and traffic laws are to be administered in relation to University land by the University instead of the ACT.

Second, the statute applies ACT parking and traffic laws with certain modifications (see section 9). Schedule 2 provides modifications that apply generally to applied laws. For example, a reference in the applied laws to the road transport authority is generally a reference to the Vice-Chancellor as the designated authority under the statute (see Schedule 2, section 11). Schedule 3 provides modifications that apply to particular applied ACT parking and traffic laws. For example, section 1 of that Schedule sets out a number of specific modifications to the applied provisions of the ACT Road Transport (General) Act 1999.

In this instrument:

ACT means the Australian Capital Territory.

ACT authorised person means a person who is an authorised person under the General Act, section 19 (Authorised people).

ACT law means an ACT or statutory instrument.

[Note: The ACT Legislation Act, section 13 (Meaning of statutory instrument) defines a ‘statutory instrument’ as an instrument (whether or not legislative in nature) made under an Act, another statutory instrument, or power given by an Act or statutory instrument and also power given otherwise by law. A ‘statutory instrument’ includes an ACT subordinate law, disallowable instrument, notifiable instrument or commencement notice. These terms are also defined in the ACT Legislation Act.]

ACT Legislation Act means the Legislation Act 2001 (ACT).

ACT road transport authority means the Australian Capital Territory Road Transport Authority established by the General Act, section 16.

ACT road transport legislation means the ACT laws that form part of the road transport legislation within the meaning of the General Act, section 6.

[Note.1: The ACT laws that form part of the road transport legislation include the following:

[Note 2: This section contains definitions for each of these ACT laws.]

[Note 3: ACT laws are accessible at www.legislation.act.gov.au]

applied ACT parking and traffic legislation: see section 8.

approved e-payment method: see section 17 (Approval of e-payment methods).

approved e-permit system: see section 15 (Approval of e-permit systems).

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Cwlth).

Commonwealth Legislation Act means the Legislation Act 2003 (Cwlth).

designated authority means the Vice-Chancellor.

disability permit means a parking permit that states that it is a disability permit.

exercise a function includes perform the function.

Extension of Time Guidelines means the Road Transport (General) Extension of Time Guidelines 2019 (No 1) (ACT).

fee includes a charge or other amount.

function includes duty and power.

General Act means the Road Transport (General) Act 1999 (ACT).

General Regulation means the Road Transport (General) Regulation 2000 (ACT).

instrument: to remove any doubt, instrument includes any publication.

Offences Regulation means the Road Transport (Offences) Regulation 2005 (ACT).

parking permit means a parking permit issued under section10(1) (Issue of parking permits etc.).

Road Rules Regulation means the Road Transport (Road Rules) Regulation 2017 (ACT).

Safety and Traffic Management Act means the Road Transport (Safety and Traffic Management) Act 1999 (ACT).

Safety and Traffic Management Regulation means the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT).

this instrument includes the laws and instruments in force under this instrument, including, for example, any law or instrument applied, adopted or incorporated (with or without change) under this instrument.

University authorised person means:

University land means land occupied by the University in the ACT.

Waiver of Infringement Notice Penalties Guidelines means the Road Transport (General) Waiver of Infringement Notice Penalties Guidelines 2019 (No 1) (ACT).

Withdrawal of Infringement Notices Guidelines means the Road Transport (General) Withdrawal of Infringement Notices Guidelines 2019 (No 1) (ACT).

working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.

(2)    To remove any doubt, a reference in this instrument (either generally or specifically) to an ACT law includes a reference to a provision of the law.

(3)    A reference in this instrument (either generally or specifically) to an ACT law includes a reference to the statutory instruments made or in force under the law on the application day.

[Note: The ACT Legislation Act, section 13 defines ‘statutory instrument’. That definition applies in relation to this instrument (see section 7 (Application of certain definitions in ACT legislation).]

application day means 1 November 2019 or, if another statute prescribes another day, that day.

Part 2—Applied ACT parking and traffic legislation

The applied ACT parking and traffic legislation applies in relation to University land (including in relation to acts or omissions on University land) with:

Part 3—Parking permits

[Note: For the condition mentioned in paragraph (a), see section 11 (Meaning of conditions about display of parking permits).]

Examples of limitations: A parking permit may authorise parking only on particular days, at particular times or on particular University land.

area: see the Road Rules Regulation, dictionary.

eligible person: see subsection (11).

length, of road: see the Road Rules Regulation, dictionary.

permit zone sign means a permit zone sign under the Road Rules Regulation.

road includes a road related area.

[Note: See the Safety and Traffic Management Regulation, section 7 (Meaning of road).]

University-related entity means a person or other entity that is approved as a University-related entity under subsection (10).

University-related vehicle means:

(a)    a vehicle registered in the name of, or owned by, a University-related entity; or

(b)    a vehicle used in an official capacity in the conduct of the affairs or operations of a University-related entity.

University vehicle means:

(a)    a vehicle registered in the name of, or owned by, the University; or

(b)    a vehicle used in an official capacity in the conduct of the affairs or operations of the University.

correctly displayeda parking permit is correctly displayed in or on a vehicle if the permit is displayed:

front, of a parking permitto remove any doubt, the front of a parking permit is the side of the permit that states when it expires or the period for which it applies.

The holder of a current parking permit may surrender the permit by written notice given to the designated authority.

[Note: The permit holder must return the parking permit to the designated authority: see the Safety and Traffic Management Regulation, section 67 as it applies under this instrument (see especially the modification in Schedule 3).]

e-permit system means a system that allows users of the system to access the system using an electronic device.

Part 4—Fees

Examples of determined fees: parking fees and fees for parking permits

e-payment method means a method for payment using an electronic device.

ticket parking area: see the Safety and Traffic Management Regulation, dictionary.

ticket parking fee means a fee payable by the driver of a vehicle for the use of a ticket parking space in a ticket parking area.

Part 5—Arrangements with the ACT

administration: to remove any doubt, administration includes enforcement.

[Note 1: The following terms are defined in the dictionary to the Safety and Traffic Management Act and the definitions apply in relation to the use of the terms in this section (see section 7 (Application of certain definitions in ACT legislation)):

  The Safety and Traffic Management Regulation, section 11 (Prescribed traffic control devices—Act, dict, def prescribed traffic control device) prescribes the things that are prescribed traffic control devices. These include ‘traffic control devices’ and ‘traffic-related items’ that have effect for certain provisions of the Road Rules Regulation. These terms are defined in the Road Rules Regulation, dictionary. They include things such as traffic signs, road markings and traffic signals.]

[Note 2: The functions of an ACT authorised person under the provisions of the applied ACT parking and traffic legislation mentioned in Schedule 2 (General modifications), section 4(4) (Authorised persons: general) are examples of the functions to which paragraph (d) applies.]

ACT authorised person includes, in relation to an infringement notice or reminder notice for an infringement notice offence, a person who is an authorised person for the service of the notice under the General Act, Part 3 (Infringement notices for certain offences).

University authorised person includes, in relation to an infringement notice or reminder notice for an infringement notice offence, a person who is appointed under the General Act, section 53A(1) (Authorised people for infringement notice offences), as applied by this instrument, to serve infringement notices or reminder notices, as the case may be, for the offence or infringement notice offences.

Part 6—Miscellaneous

traffic sign: see the Road Rules Regulation, dictionary.

permissive parking sign means a permissive parking sign under the Road Rules Regulation.

[Note: This section does not apply, for example, to the service of infringement notices. The General Act, section 24(3) (Infringement notices), as applied by this instrument, provides that an infringement notice must be served in the way prescribed by regulation (under that Act). The Offences Regulation, section 12 (Infringement notices—service if offender known—Act, s 24 (2)) and section 12A (Infringement notices—service if offender unknown—Act, s 24 (2)) prescribe how an infringement notice may be served.]

eligible entity means any of the following:

if the delegation states that the function is a function that may be subdelegated and any conditions, limitations or directions stated in the delegation for the subdelegation or further subdelegation of the function are complied with.

The Australian National University (Parking and Traffic) Statute 2017 is repealed.

Schedule 1—Applied ACT parking and traffic legislation

[Note: See section 8.]

The ACT laws mentioned in the following table are included in the applied ACT parking and traffic legislation for this instrument.

 

Applied ACT parking and traffic legislation

Item

ACT laws

 

1

 

The following provisions of the General Act:

(a)       the following provisions of Part 2 (Administration of road transport legislation):

(i)        Division 2.1 (Road transport legislation);

(ii)      Division 2.2 (Relationship between road transport legislation and other laws);

(iii)    Division 2.3 (Responsible persons for vehicles under road transport legislation);

(iv)     section 12 (Power to include or exclude areas in road transport legislation);

(v)       section 13 (Power to exclude vehicles, persons or animals from road transport legislation);

(vi)     section 20 (Identity cards);

(vii)   section 21 (Power not to be exercised before identity card shown);

(b)       the following provisions of Part 3 (Infringement notices for certain offences):

(i)        Division 3.1 (Preliminary);

(ii)      Division 3.2 (Infringement and reminder notices);

(iii)    Division 3.2B (Waiver of infringement notice penalties);

(iv)     Division 3.3 (Infringement notice offences involving registrable and rail vehicles);

(v)       Division 3.3AA (Withdrawal of infringement notices);

(vi)     Division 3.3AB (Effect of penalty payment etc);

(vii)   Division 3.5 (Disputing liability);

(viii) Division 3.6 (Miscellaneous);

(c)       the following provisions of Part 4 (Enforcement of road transport legislation):

(i)        section 58 (Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider);

(ii)      section 60 (Police officer or authorised person may require people to disclose identity of driver);

(iii)    section 64 (Court may order disqualification for other offences);

(iv)     section 66 (Effect of disqualification);

(v)       section 70 (Additional powers of court);

(vi)     Division 4.3 (Evidentiary provisions in relation to road transport legislation);

(vii)   Division 4.4 (Proceedings for offences under road transport legislation);

(d)       the following provisions of Part 11 (Miscellaneous):

(i)        section 231 (Person not to hinder or obstruct);

(ii)      section 232 (False or misleading statements);

(e)       dictionary.

 

 

2

 

The following provisions of the General Regulation:

(a)       the following provisions of Part 2 (Administration of road transport legislation):

(i)        section 5 (Responsible people for vehicle);

(ii)      section 9B (When posted notice is taken to be given);

(b)       section 10 (Certificate evidence—Act, s 72 (4));

(c)       dictionary.

 

 

3

 

The following provisions of the Offences Regulation:

(a)       Part 2 (Infringement notices);

(b)       Part 3 (Enforcement of road transport legislation);

(c)       Schedule 1 (Short descriptions, penalties and demerit points);

(d)       dictionary.

 

 

4

 

The following provisions of the Safety and Traffic Management Act:

(a)       Part 5 (Traffic control devices);

(b)       Part 7 (Traffic management);

(c)       dictionary.

 

 

5

 

The following provisions of the Safety and Traffic Management Regulation:

(a)       the following provisions of Part 1 (Preliminary):

(i)        section 6 (Offences against regulationdefence);

(ii)      section 7 (Meaning of road);

(b)       Part 4 (Traffic control devices);

(c)       Part 6 (Traffic management);

(d)       the following provisions of Part 7 (Parking):

(i)        Division 7.2 (Ticket parking schemes);

(ii)      section 66 (Parking permits and mobility parking scheme authoritiesreturn when cancelled);

(iii)    Division 7.5 (Other parking provisions);

(e)       Part 10 (Transitional);

(f)        dictionary.

 

 

6

 

The following provisions of the Road Rules Regulation:

(a)       the following provision of Part 1 (Preliminary):

(i)        section 8 (Offences against regulationstrict liability);

(ii)      section 9 (Offences against regulationdefence);

(iii)    section 10 (Objects of regulation);

(b)       Part 2 (Application of this regulation);

(c)       the following provisions of Part 8 (Traffic signs and road markings):

(i)        Division 8.1 (Traffic signs and road markings at intersections and other places);

(ii)      Division 8.2 (Traffic signs and road markings generally);

(d)       Division 11.8 (Motor vehicles passing bicycle riders);

(e)       Part 12 (Restrictions on stopping and parking);

(f)        Part 14 (Rules for pedestrians);

(g)       Part 15 (Additional rules for bicycle riders);

(h)       Part 16 (Rules for people travelling in or on vehicles);

(i)        the following provisions of Part 18 (Miscellaneous road rules):

(i)        section 288 (Driving on path);

(ii)      section 289 (Driving on nature strip);

(iii)    section 290 (Driving on traffic island);

(iv)     section 291 (Making unnecessary noise or smoke);

(v)       section 291A (Making unnecessary engine noise);

(vi)     section 293 (Removing fallen etc things from the road);

(vii)   section 298 (Driving with person in trailer);

(viii) section 300A (Interrupting funeral procession etc);

(ix)     section 300B (Driving on road closed to traffic);

(x)       section 303A (Emission of waste oil or grease);

(xi)     303B (Safety of person on trailer);

(xii)   section 304 (Directions by police officer or authorised person);

(j)        Part 19 (Exemptions);

(k)       Part 20 (Traffic control devices and traffic-related items);

(l)        Part 21 (General);

(m)     Schedule 1 (Abbreviations and symbols);

(n)       Schedule 2 (Standard or commonly used traffic signs);

(o)       Schedule 3 (Other permitted traffic signs);

(p)       Schedule 4 (Symbols and other traffic-related items);

(q)       dictionary.

 

 

7

 

 

All of the provisions of the following:

(a)       the Extension of Time Guidelines;

(b)       the Waiver of Infringement Notice Penalties Guidelines;

(c)       the Withdrawal of Infringement Notices Guidelines.

 

Schedule 2—General modifications

[Note: See section 9.]

A reference to the administering authority for an infringement notice offence (however described) is a reference to the designated authority.

A reference to an approved e-payment method is a reference to an approved e-payment method under section 17 (Approval of e-payment methods) of this instrument.

A reference to an approved form is a reference to a form approved under section 23 (Approved forms) of this instrument.

[Note: Section 5 of this Schedule applies to a reference to an authorised person in relation to an infringement notice or reminder notice for an infringement notice offence.]

inclusive provision means:

A reference to an authorised person (however described), in relation to an infringement notice or reminder notice for an infringement notice offence, is a reference to any University authorised person or to another person appointed under the General Act, section 53A(1) (Authorised people for infringement notice offences), as applied by this instrument, to serve infringement notices or reminder notices, as the case may be, for the offence or infringement notice offences.

A reference to the Minister is a reference to the designated authority.

A reference to a notifiable instrument is a reference to a notifiable instrument under the Commonwealth Legislation Act.

[Note: An instrument made under this instrument (including under the applied ACT parking and traffic legislation in its application in relation to University land under this instrument) that is a notifiable instrument must be registered under the Commonwealth Legislation Act and not the ACT Legislation Act.]

A reference to an offence against a territory law, or to an offence against the road transport legislation, includes a reference to an offence against this instrument, including the applied ACT parking and traffic legislation in its application in relation to University land under this instrument.

A reference to a parking permit is a reference to a parking permit issued under section 10(1) (Issue of parking permits etc.) of this instrument.

excepted provision means:

inclusive provision means:

[Note Specific modifications also apply under Schedule 3 to provisions mentioned in these definitions.]

excepted provision means:

[Note Specific modifications also apply under Schedule 3 to provisions mentioned in this definition.]

A reference to working day is a reference to a working day as defined by section 5 (Definitions).

Schedule 3—Specific modifications

[Note: See section 9.]

Note  Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

Note  Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

Note  Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

(2)    The reference in section 9B(1)(b)(ii) (When posted notice taken to be given) to an address for service recorded for a person in a road transport authority record or register includes a reference to any address recorded for the person in the University’s records.

(3)    The definition of parking permit in the dictionary is omitted.

Note  Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

(3)    The reference in the note to section 6 to the Criminal Code, s 59 is a reference to the Commonwealth Criminal Code, section 13.4.

(1) If a parking permit is cancelled under section 14 (Cancellation of parking permits) of               the Australian National University (Parking and Traffic) Statute 2019, the person to               whom the permit was issued must return the permit to the designated authority as               soon as practicable but no later than 15 working days after the date of effect of the               cancellation of the permit.

      Maximum penalty: 20 penalty units.

 68 Marking tyres by University authorised person etc.

A police officer or University authorised person may mark the tyres on any vehicle using crayon, chalk or a similar substance, or remove and replace a cover placed over all or part of a vehicle, as far as reasonably necessary for the purpose of enforcing a provision of the applied ACT parking and traffic legislation as that provision applies in relation to University land under the Australian National University (Parking and Traffic) Statute 2019.

 185 Stopping in permit zone

(9)    A reference in section 213T (Unauthorised use of parking permit and mobility parking scheme authority) to a mobility parking scheme authority includes a reference to a disability permit.

(10)    A reference in section 213T to the conditions of a parking permit or mobility parking scheme authority includes a reference to any limitations of the permit or authority.