Australian Capital Territory
Road Transport (General) Application of Road Transport Legislation Declaration 2016 (No 12)
Disallowable instrument DI2016—277
made under the
Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation)
EXPLANATORY STATEMENT

Section 12(1)(b) of the Road Transport (General) Act 1999 (the Act) empowers the Minister to declare that a provision of the road transport legislation does not apply to a road or road related area.  Section 12(3) of the Act makes such a declaration a disallowable instrument.

Section 6 of the Act provides that road transport legislation includes the Road Transport (Safety and Traffic Management) Act 1999. Section 104 of the Legislation Act 2001 states that a reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation. Section 6 of the Road Transport (Safety and Traffic Management) Regulation 2000 incorporates the Australian Road Rules (ARR) and these therefore form part of the road transport legislation. 

This declaration is made to support parking arrangements for cricket fixtures at Manuka Oval during the 2016-17 Cricket Australia One Day International Season. The effect of the declaration is to allow motorists attending cricket fixtures at Manuka Oval during the 2016-17 Cricket Australia One Day International fixtures on the dates specified in section 4 of the instrument to park in non-pay time limited parking spaces near Manuka Oval for a longer period of time than that specified on the relevant parking sign. Rule 204 ARR provides for time limited permissive parking signs. Two key terms, Australian Road Rules and time limited permissive parking signs, are defined in section 3 of the instrument. 

Outline of provisions
Clause 1 names the instrument the Road Transport (General) Application of Road Transport Legislation Declaration 2016 (No 12).
Clause 2 states that the instrument commences on the day after it is notified.
Clause 3 declares that ARR 205 (Parking for longer than indicated) does not apply to a road or road related area where a time limited permissive parking sign applies, within the area identified in the schedule. 

Clause 4 provides that the declaration has effect during the following periods: 
i.	18 November 2016 from 11:00am to 11:59pm, and
ii.	20 November 2016 from 11:00am to 11:59pm, and
iii.	6 December 2016 from 11:00am to 11:59pm, and
iv.	15 February 2017 from 11:00am to 11:59pm.
Clause 5 provides that the declaration expires on 16 February 2017.
A regulatory impact statement is not required as this instrument does not impose appreciable costs on the community or a part of the community (see s 34(1) Legislation Act 2001). Further, the temporary suspension of parking rules to support major events at Manuka Oval does not operate to the disadvantage of anyone by adversely affecting their rights or imposing liabilities on the person (see s 36(1) Legislation Act).