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Schemes) Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act (except
section 4) on a day or days to be appointed by proclamation. Section 4 is to
commence on the commencement of the proposed Act or the commencement
of the Traffic Legislation Amendment Act 1997, whichever occurs later.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 ("the Principal Act") set out in Schedule 1.
Clause 4 provides for all references to "public street" and "public streets"
in Part 3B of the Principal Act (as amended by the proposed Act) to become
references to "road or road related area" and "roads or road related areas"
respectively. This reflects similar amendments made to the Principal Act by
the Traffic Legislation Amendment Act 1997, as yet uncommenced.
Schedule 1 Amendments
Schedule 1 [l] amends the heading to Part 3B of the Principal Act to more
accurately reflect the provisions of the Part.
Schedule 1 [2] inserts definitions of area of operations, Authority
guidelines, declared public authority, metered parking scheme, pay parking
agency, pay parking area, pay parking device and pay parking scheme into
section 10Q of the Principal Act.
Schedule 1 [3] extends the definition of parking meter in section 10Q of the
Principal Act to include meters installed by declared public authorities.
Schedule 1 [4] replaces the definition of pay parking space in section 10Q of
the Principal Act. The new definition is comparable to the existing definition
of metered space.
Schedule 1 [5] and [7] amend the headings to Division 2 and Division 3 of
Part 3B of the Principal Act, respectively, to more accurately reflect the
provisions of those Divisions.
Schedule 1 [6] replaces section 10R of the Principal Act to extend to
declared public authorities the power to establish and operate metered
parking schemes in public streets under their control. Currently, only councils
have this power.
Schedule 1[8] replaces section 10T of the Principal Act to extend to declared
public authorities the power to establish and operate pay parking schemes
(other than metered parking schemes) in public streets under their control.
Currently, only councils have this power. Schedule 1 [8] also replaces the
concept of a pay parking space with the concept of a pay parking area.
Explanatory note page 2
Schedule 1 [9] and [14] replace section 10U and amend section 10VC of the
Principal Act, respectively, as a consequence of the replacement of the
concept of a pay parking space with the concept of a pay parking area in
section 10T.
Schedule 1 [10] omits sections 10V and 10VA from Division 3 of Part 3B of
the Principal Act and Schedule 1 [11] re-inserts those sections into Division
4 of Part 3B.
Schedule 1 [11] also inserts section 10VAA into that Division.
Proposed section 10V substantially re-enacts and amends section 10V of the
Principal Act as a consequence of the amendments to sections 10R and 10T
extending to declared public authorities the power to establish and operate
pay parking schemes, and the replacement of the concept of a pay parking
space with the concept of a pay parking area in section 10T. It has been
re-enacted in Division 4 to ensure that councils and declared public
authorities comply with guidelines made by the Authority in relation to
metered parking. The proposed section also substantially re-enacts sections
10R (4), 10T (6) and 10U (3) of the Principal Act to continue the Authority's
power to issue guidelines for the purposes of Part 3B.
Proposed section 10VA substantially re-enacts and extends section 10VA of
the Principal Act to preserve any other powers of a declared public authority
to provide for parking on certain land. Currently, section 10VA preserves
only the powers of a council to provide for parking in a public reserve
controlled by the council. The proposed section also substantially re-enacts
and extends sections 10R (2) and 10T (4) of the Principal Act to permit
declared public authorities to establish and operate pay parking schemes on
land they do not own, but only with the consent of the owner of that land.
Currently, only councils have this power. The proposed section also clarifies
the nature of such a consent.
Proposed section 10VAA substantially re-enacts section 10T (3) of the
Principal Act and extends it to provide that declared public authorities may
also establish and operate two or more pay parking schemes over the same
part of a public street. In such a situation, only one parking fee is payable.
Schedule 1 [12] and [13] amend section 10VC of the Principal Act as a
consequence of the amendments to sections 10R and 10T extending to
declared public authorities the power to establish and operate pay parking
schemes.
Explanatory note page 3
Schedule 1 [15] and [16] make consequential amendments to section 10VC
of the Principal Act to reflect the use of the expression area of operations
and the fact that only councils may establish common pay parking schemes
(other than metered parking schemes) under the Principal Act.
Schedule 1 [17] replaces section 10VD of the Principal Act to extend the
current dispute resolution mechanism to disputes between two or more pay
parking agencies.
Schedule 1 [18] repeals section 10VE (c) of the Principal Act as this
regulation-making power is implicit in proposed section 10T.
Schedule 1 [19] extends section 10VE (d) of the Principal Act to allow
regulations to be made regulating the stopping or parking of vehicles in pay
parking areas and the methods for payment for such parking.
Schedule 1 [20] and [21] amend Schedule 1 of the Principal Act to include
specific savings and transitional provisions consequent on the enactment of
the proposed Act and to allow savings and transitional regulations to be
made.
Explanatory note page 4