Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules

Part 2—Modifications relating to parking on National Land

Division 1—Staffing and delegations

6 Staff

7 Delegation of NCA chief executive’s functions and powers

Division 2—Suspension for non-payment of infringement notices

8 Suspension action not mandatory

Division 3—Extension of time

9 Modified application of section 14C of the Road Transport (Offences) Regulation 2005 (ACT) to National Land

10 Modified application of section 14D of the Road Transport (Offences) Regulation 2005 (ACT) to National Land

11 Approved manner of application

Part 3—Transitional provisions

12 Things done under the old instruments

Schedule 1—Repeals

Extension of Time Rule 2014

Open Areas Parking Rule 2014

Parking Authority Declaration – 2014 High Court of Australia

Staffing and Delegations Rule 2014

Suspension for Non-payment of Infringement Notices Rule 2014

Part 1—Preliminary

1 Name

This instrument is the National Land (Road Transport) (Parking) Rules 2024.

2 Commencement

This instrument commences on 1 October 2024.

3 Authority

This instrument is made under the National Land (Road Transport) Ordinance 2014.

4 Definitions

Note: A number of expressions used in this instrument are defined in section 5 of the Ordinance, including the following:

(a) ACT road transport legislation;

(b) National Land;

In this instrument:

old instruments has the meaning given by subsection 12(3).

Ordinance means the National Land (Road Transport) Ordinance 2014.

5 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2—Modifications relating to parking on National Land

Division 1—Staffing and delegations

6 Staff

The NCA chief executive may arrange with a person for the services of officers or employees of the person to be made available for the purposes of the Ordinance.

7 Delegation of NCA chief executive’s functions and powers

The NCA chief executive may delegate all or any of the NCA chief executive’s functions or powers under the Ordinance to:

(a) an officer or employee of the National Capital Authority established by the Australian Capital Territory (Planning and Land Management) Act 1988; or

(b) a person whose services have been made available under section 6 of this instrument.

Division 2—Suspension for non-payment of infringement notices

8 Suspension action not mandatory

For the purposes of the Ordinance, the administering authority or the road transport authority may, but are not required to, take any action in relation to Division 3.4 of the Road Transport (General) Act 1999 (ACT) and other provisions of the ACT road transport legislation which:

(a) require a suspension notice to be served on a person where an infringement notice and reminder notice have been previously served for an infringement notice offence; or

(b) require an administering authority or the road transport authority to take action to suspend vehicle registration and driver licences;

in relation to infringement notices issued for an infringement notice offence under the Ordinance.

Division 3—Extension of time

9 Modified application of section 14C of the Road Transport (Offences) Regulation 2005 (ACT) to National Land

Subsection 14C(2) of the Road Transport (Offences) Regulation 2005 (ACT) as applicable to National Land is modified by substituting the following text:

(2) An application must be:

(a) made to the administering authority in an approved manner; and

(b) include any information required by the administering authority; and

10 Modified application of section 14D of the Road Transport (Offences) Regulation 2005 (ACT) to National Land

Subsection 14D(2) of the Road Transport (Offences) Regulation 2005 (ACT) as applicable to National Land is modified by substituting the following text:

(2) An application must be:

(a) made to the administering authority in an approved manner; and

(b) state the special circumstances relied on; and

11 Approved manner of application

For the purposes of this Division, an application is made to the administering authority in an approved manner if a person applies:

(a) by telephone; or

(b) in writing; or

Part 3—Transitional provisions

12 Things done under the old instruments

(1) If:

(a) a thing was done for a particular purpose under the old instruments as in force immediately before those instruments were repealed; and

(b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

(3) In this section:

old instruments means any or all of the following instruments:

(a) the Extension of Time Rule 2014;

(b) the Staffing and Delegations Rule 2014;

Schedule 1—Repeals

Extension of Time Rule 2014

1 The whole of the instrument

Repeal the instrument.

Open Areas Parking Rule 2014

2 The whole of the instrument

Repeal the instrument.

Parking Authority Declaration – 2014 High Court of Australia