Australian Capital Territory

Road Transport (General) Parking Permit Fees
Determination 2016 (No 1)

Disallowable instrument 

made under the

Road Transport (General) Act 1999, section 96 (Determination of fees, charges and other
amounts)

EXPLANATORY STATEMENT							

Section 96 of the Road Transport (General) Act 1999 allows the Minister to determine fees, charges and other amounts payable under the ACT road transport legislation.

This disallowable instrument sets the fees for various kinds of parking permits and determines the fees for transactions relating to refunds and the handling of dishonoured cheques and credit cards. 

The regulatory fees in the determination have been increased by 4%, as per the government’s decision in the 2014-15 Budget and rounded down to the nearest ten cents. Administration fees relating to refunds or dishonoured payments are increased by 1.6% (the Wage Price Index), rounded down to the nearest ten cents, as per the government’s Fees and Charges Policy and Guidelines.

The fees for residents parking permits at Havelock House, Allawah Flats and Bega Flats have not been increased because many residents are low income earners with very limited capacity to meet additional expenditure.

The fees for residents parking permits at Currong Flats have been removed from this instrument as the site is unoccupied and currently being demolished.

The schedules to the instrument detail the item for which a fee is payable and the associated fee. Column 1 of schedule 1 lists the item number. Column 2 of schedule 1 describes the service or other matter in relation to the fee payable. Column 3 of schedule 1 lists the fee payable on or before 31 July 2016. Column 4 of schedule 1 lists the fee payable for a permit issued on or after 1 August 2016 and on or before 30 June 2017. Column 5 of schedule 1 lists the fee payable for a permit issued on or after 1 July 2017

Column 1 of schedule 2 lists the item number. Column 2 of schedule 2 describes the service or other matter in relation to the fee payable. Column 3 of schedule 2 lists the fee payable on or before 31 July 2016. Column 4 of schedule 2 lists the fee payable on or after 1 August 2016 and on or before 30 June 2016. Column 5 of schedule 2 lists the fee payable for a permit issued on or after 1 July 2017

This determination is a disallowable instrument and must be presented to the Legislative Assembly within 6 sitting days after its notification pursuant to section 64 of the Legislation Act 2001.

Regulatory Impact Statement (RIS)
A RIS is not required for this fee determination due to s 36(1)(k) of the Legislation Act, which states that a RIS need not be prepared for an amendment of a fee consistent with announced government policy. Further, there is no fee increase for resident’s permits at Havelock House, Allawah Flats and Bega Flats.

Human Rights
The Standing Committee on Justice and Community Safety (Legislative Scrutiny Role) terms of reference require consideration of human rights impacts, among other matters. In this case, no human rights are impacted.

Outline of Provisions

Clause 1
This clause names the instrument the Road Transport (General) Parking Permit Fees Determination 2016 (No 1).

Clause 2
This clause states that the instrument commences on 1 August 2016.

Clause 3
This clause determines the fees payable by reference to schedule 1 and schedule 2.

Clause 4
This clause determines the responsible party for paying fees mentioned in schedule 1 and schedule 2. This clause also states that fees are payable to the road transport authority.

Clause 5
This clause defines key terms used in the instrument.

Clause 6
This clause revokes the Road Transport (General) Parking Permit Fees Determination 2015 (No 1) (DI2015-171).