Australian Capital Territory National Land (Road Transport) Ordinance 2025

The Ordinance deploys a legislative technique of transposition and adjustment: it does not itself rewrite detailed road transport law but enables the Commonwealth to import, adapt and operate ACT road transport law on National Land through rules. Key conceptual building blocks are:

• Applied ACT road transport law. Defined in s 5 and operationalised in s 8, this is any ACT law, provision or instrument relating to road transport or parking (including provisions incorporated into instruments, and laws that give meaning to terms used in those laws). The rules may adopt an ACT road transport law in force at the time the rule commences, or at a specified earlier time (s 8(2)). Once applied, the law operates as a law of the Commonwealth for the specified National Land (s 10(1)).

• Interpretation and modification. An applied ACT law is to be interpreted as if it were ACT law (s 6(1)), preserving ACT interpretive approaches. The rules may, however, re‑define expressions used in the applied ACT law for its application to National Land (s 6(2)). The instrument therefore creates a default interpretive transposition with a rule‑level power to adjust wording and definitions to the National Land context.

• Transfer of powers and administrative architecture. The Ordinance substitutes Commonwealth actors for particular ACT actors who, under ACT law, would have certain functions. If an ACT law vests a power in an "authorised person" that power is vested, in relation to National Land, in persons appointed under s 13 or persons prescribed by rules (s 11(1)). Powers that under the ACT sit with ACT Ministers or the "road transport authority" are vested in the Commonwealth Minister for these purposes (s 11(2)). The Commonwealth Minister may delegate those powers (s 11(3)-(5)), and enter administrative arrangements with the ACT or other persons to exercise them (s 12).

• Constraints on rule‑making. Section 14 sets the rule‑making architecture and an explicit list of prohibitions. Rules cannot, of themselves, create offences or civil penalties (s 14(2)(a)); however, they may apply or modify ACT laws which contain those offences or penalties (s 14(3)). Rules may not provide arrest/detention powers or entry/search/seizure powers (s 14(2)(b)). Rules cannot impose tax or directly amend the Ordinance (s 14(2)(c),(d)). Rules are legislative instruments (s 14(1)) and may specify a different penalty unit amount for an applied law than the federal Crimes Act default (s 14(4)-(5)).

• Area designations. The Minister has a declaratory power to identify where an applied ACT road transport law applies: declare that a law applies to National Land open to or used by the public, or declare that a law or provision does not apply to a road or road related area (s 9(1)-(2)). The instrument defines "road" and "road related area" for these purposes (s 9(3)) and allows targeted application/exclusion.

• Criminal responsibility. Chapter 2 of the ACT Criminal Code (general principles of criminal responsibility) applies to offences against applied ACT law (s 7(1)). The rules may specify whether the version of Chapter 2 applied is that in force at rule commencement or a specified earlier time (s 7(2)).

• Transitional continuity. Division 1 of Part 4 establishes that tickets, infringement notices, pre‑existing infringement notice management plans, staffing arrangements and ticket parking schemes established under the earlier 2014 Ordinance continue in specified ways following commencement (s 16-18). The Ordinance anticipates a repeal Ordinance for the old Ordinance (s 15).

These concepts create an instrument that centralises decision and design (rules, declarations, appointments and delegations) at Commonwealth level while retaining the substance of ACT road transport regulation by transposition. The instrument provides targeted powers to adapt applied laws to National Land and to designate particular National Land areas where those laws do or do not apply.

The instrument affects multiple groups directly and indirectly. The text identifies who makes decisions, who enforces, and who bears legal obligations or liabilities.

• The Commonwealth Minister. The Minister is the primary decision‑maker for rule‑making (s 14(1)), making declarations about where a law applies (s 9(1)), appointing authorised persons under s 13(1), entering administrative arrangements under s 12(1), and receiving powers that under ACT law are vested in ACT Ministers or a road transport authority (s 11(2)). The Minister may delegate (s 11(3)) but must be satisfied about delegate qualifications/seniority (s 11(4)). The instrument therefore places operational responsibility and discretion at Commonwealth ministerial level.

• Authorised persons and prescribed enforcement officers. ACT "authorised person" functions (as referenced in the ACT laws) are transferred, in relation to applied National Land, to persons appointed under s 13 or to persons prescribed by rules (s 11(1)). Appointments require the person to be an Australian citizen or permanent resident and the Minister must be satisfied as to suitability,criminal history, employment record and training (s 13(2)). The instrument therefore creates a cohort of Commonwealth‑appointed authorised persons enforcing applied ACT rules on National Land.

• The ACT Government and its road transport agencies. The ACT is an organising partner; the Minister may enter administrative arrangements with the ACT for effective application and administration of applied laws, and an arrangement may provide for the ACT to exercise powers on the Commonwealth Minister’s behalf (s 12(1)-(2)). The instrument therefore makes room for the ACT to remain operationally involved under contract or arrangement.

• Members of the public using National Land (drivers, cyclists, pedestrians, vehicle owners). Where rules apply ACT laws to National Land, those users will be subject to the applicable ACT road transport and parking laws as laws of the Commonwealth (s 8; s 10(1)). Declarations under s 9 determine which areas are treated as roads or road related areas, affecting where obligations apply. Offences and pecuniary penalties in applied ACT law will be enforceable for conduct on National Land; Chapter 2 of the ACT Criminal Code governs criminal responsibility for offences (s 7).

• Persons issued parking tickets and infringement notices. Transitional provisions govern treatment of parking tickets and infringement notices purchased or issued on or after commencement (s 16(1)), and preserve the operation of pre‑existing tickets and plans under the old Ordinance (s 16(2)-(4)). The ticket parking scheme established under the previous Ordinance can continue (s 18).

• Entities prescribed by rules. The rules may prescribe persons who will exercise powers, and may specify offices or positions eligible for appointment as authorised persons (s 13(1)(b); s 11(1)(b)).

• Courts and prosecutors. Because applied ACT law operates as Commonwealth law in relation to National Land (s 10(1)), prosecutions for offences under applied ACT law will proceed under Commonwealth jurisdictional arrangements, with criminal responsibility governed by ACT Criminal Code Chapter 2 as applied by s 7.

Who pays: where applied ACT laws impose pecuniary penalties, offenders (drivers/vehicle owners) pay those penalties, with the rules able to set a different penalty unit amount from federal default where applicable (s 14(4)-(5)).

Who decides: the Commonwealth Minister decides rules, declarations, appointments, and delegations; administrative arrangements may give the ACT or another person operational responsibility (s 9; s 11; s 12; s 13; s 14).

The Ordinance does not itself tabulate specific driving obligations but creates the legal architecture by which ACT driving, parking and road transport duties will be applied to National Land. Key duties and rights derive from that architecture and the ACT laws adopted via rules.

• Duty to comply with applied ACT road transport laws. Once a rule applies a specified ACT law to National Land, persons using that National Land must comply with the duties and prohibitions in that ACT law as it operates as a law of the Commonwealth (s 8(1)-(2); s 10(1)). The Ordinance makes no list of offences or duties; it empowers rules to adopt the ACT provisions that impose them.

• Right to be dealt with under ACT interpretive rules (unless modified). Applied laws are to be interpreted as they would be in the ACT (s 6(1)), giving regulated persons the benefit of ACT interpretive principles, unless the rules change the meaning of expressions (s 6(2)).

• Charging and penalty framework. The rules may apply offences and pecuniary penalties contained in ACT laws (s 8(1)(a)-(b); s 14(3)). Section 14(4) further allows the rules to specify a different amount for a penalty unit in such applied laws than the amount specified in s 4AA of the Crimes Act 1914, and that amount applies from commencement of the rule (s 14(5)). Regulated persons therefore owe whatever fines and pecuniary penalties the applied ACT law provides, with the potential for a differing penalty unit under the rules.

• Criminal responsibility. Offences against applied ACT road transport laws are subject to Chapter 2 of the ACT Criminal Code (s 7(1)), so elements of fault and defences are to be judged under that Chapter as applied. The rules can specify whether the version of Chapter 2 applied is at the time when the rule commences or at a specified earlier time (s 7(2)). This is a right/constraint for persons charged with offences.

• Enforcement powers exercised by authorised persons appointed under the Ordinance. If the ACT law vests a power in an authorised person, that power is vested in persons appointed under s 13 (or prescribed by the rules) in relation to applied National Land (s 11(1)). Those authorised persons will exercise powers under the applied ACT law, subject to the limits of the rules and appointments.

• Ministerial delegation and delegation limits. The Commonwealth Minister may delegate powers (s 11(3)), but only to persons with appropriate qualifications or to holders of sufficiently senior offices (s 11(4)). Delegations may be subject to conditions (s 11(5)). Affected persons should expect delegations to be documented and conditioned.

• Administrative arrangements and assignment of functions. The Minister may enter arrangements with the ACT or others to administer applied laws and for those parties to exercise powers on the Minister’s behalf (s 12(1)-(2)). Affected stakeholders have a right to expect a contractual arrangement will set out administrative responsibilities.

• Appointment requirements and suitability checks. The Minister must not appoint an individual as an authorised person unless the individual is an Australian citizen or permanent resident and the Minister is satisfied about criminal convictions, employment record and training (s 13(2)). Spent convictions are protected by Part VIIC of the Crimes Act 1914 (s 13(4)).

• Declaration rights and exclusions. The Minister can declare that a law applies to an area open to the public or that a law does not apply to a road or road related area (s 9(1)). Interests using particular National Land face legal uncertainty until the Minister issues declarations; declarations determine the geographical scope of duties and rights.

• Transitional rights. People with pre‑commencement tickets, infringement notices, or those subject to infringement notice management plans or existing ticket parking schemes, are covered by transitional provisions that preserve processes under the old Ordinance for matters not finally dealt with before commencement (s 16-18).

The Ordinance therefore confers duties on users of National Land by enabling ACT law to bind them when rules and declarations are in force, and sets out administrative rights and protections around enforcement personnel, delegations and legal interpretation.

Penalties and enforcement under the Ordinance occur through the application of ACT laws, but the Ordinance defines who enforces and how penalties can be set.

• Source of penalties. The rules may apply ACT road transport laws that create offences and civil or pecuniary penalties; the Ordinance does not itself create new offences (s 8(1); s 14(3)). Applied offences operate as Commonwealth law in relation to the National Land to which they are applied (s 10(1)).

• Penalty units. The rules may specify an amount of a penalty unit for an applied law different from the federal (Crimes Act) standard (s 14(4)). That specified amount applies to offending on or after the commencement of the rule (s 14(5)). Therefore, pecuniary penalty exposure for conduct on National Land may differ from ACT practice if the rules set a different penalty unit.

• Criminal responsibility. Chapter 2 of the ACT Criminal Code applies to all offences against applied ACT road transport laws (s 7(1)). The rules can fix the temporal version of Chapter 2 that is applied (s 7(2)). This determines the mental element, defences and general criminal responsibility principles used in prosecutions.

• Enforcement officers and powers. Where an ACT law vests powers in an "authorised person", in relation to the applied National Land those powers are vested in persons appointed under s 13 or in persons prescribed by the rules (s 11(1)). Powers that under ACT law are vested in ACT Ministers or road transport authorities are vested in the Commonwealth Minister (s 11(2)). The Commonwealth Minister may delegate these powers subject to qualification requirements and conditions (s 11(3)-(5)).

• Constraints on conferring coercive powers via rules. Rules are expressly prevented from providing powers of arrest or detention or powers of entry, search or seizure (s 14(2)(b)). The rules may nonetheless apply ACT laws that contain offences and associated enforcement provisions (s 14(3)). This textual allocation raises an operational point: the rules cannot themselves create arrest/search powers, even while applied ACT law may contain such provisions. The Ordinance vests enforcement powers in Commonwealth‑appointed authorised persons (s 11(1)-(2)), but whether and how any coercive powers that originally sit in ACT law will be available in National Land enforcement depends on the interaction of s 11 and s 14(2)(b).

• Administrative enforcement arrangements. The Minister may contract or arrange with the ACT or another person for effective application and administration of applied laws (s 12(1)). Arrangements may provide for the ACT or another person to exercise the Minister’s powers on the Minister’s behalf (s 12(2)). Operational enforcement may therefore be carried out by ACT agencies under arrangement rather than directly by Commonwealth officers.

• Transitional enforcement processes. Tickets and infringement notices purchased or issued on or after commencement fall under this Ordinance (s 16(1)), but existing tickets, infringement notices and management plans issued or entered under the old Ordinance and not finally dealt with continue to be governed by the old Ordinance as if it had not been repealed (s 16(2)-(3)). Existing ticket parking schemes established under the old Ordinance continue as if established under this instrument (s 18).

• Procedural consequences. Because applied laws operate as Commonwealth law (s 10(1)), prosecutions and enforcement actions will occur within federal processes and courts for Commonwealth offences and civil penalties, subject to the specific wording and administrative arrangements made under the rules.

In sum, penalties are those found in applied ACT road transport laws, but the Ordinance determines who enforces and allows the Commonwealth to set certain penalty‑unit parameters. The prohibition on rules creating arrest/search powers (s 14(2)(b)) is a significant constraint to be managed operationally when enforcing offences that may in ACT law carry such powers.

The Ordinance establishes multiple explicit and implicit interfaces with other statutes and instruments; the text itself specifies several points of interaction.

• Seat of Government (Administration) Act 1910. The Ordinance is made under the Seat of Government (Administration) Act 1910 (s 3). Notes to several provisions refer to s 12C of that Act, under which the Minister may delegate powers and functions under ordinances made under that Act (see notes in s 9, s 11, s 12, s 13). Those notes indicate the Ordinance anticipates the delegation framework contained in the Seat of Government Act.

• ACT road transport laws and instruments. The Ordinance’s central mechanism is to apply ACT road transport laws to National Land via rules (s 5; s 8). Applied ACT law, once applied, is to be interpreted as it would be in the ACT (s 6(1)), preserving the ACT legal content and interpretive approaches unless the rules modify definitions (s 6(2)). Where ACT law creates offences, civil penalties or pecuniary penalties, those can be applied as Commonwealth law (s 8(1)).

• Australian Capital Territory (Self‑Government) Act 1988. Section 10 includes a note that the Ordinance does not affect the operation of any other ACT road transport law as a law of the ACT in relation to the National Land, according to s 28 of the Australian Capital Territory (Self‑Government) Act 1988. This preserves the possibility of concurrent ACT and Commonwealth operation where lawful (s 10(2) and related note).

• Crimes Act 1914 (penalty unit). The rules may specify a penalty unit amount different from the amount specified in s 4AA of the Crimes Act 1914 for offences and civil penalties in an applied ACT law (s 14(4)). That creates an explicit interaction between federal penalty‑unit measurement and the rules applying ACT laws.

• ACT Criminal Code 2002. Section 7 brings Chapter 2 of the ACT Criminal Code (general principles of criminal responsibility) into the scheme for offences against applied ACT road transport laws. The rules may specify whether the version of Chapter 2 is the one in force when the rule commences or a specified earlier time (s 7(2)), which affects how criminal responsibility is resolved for offences.

• Old Ordinance and its repeal. The instrument contemplates the repeal of the 2014 National Land (Road Transport) Ordinance by a separate repeal Ordinance (repeal Ordinance named in s 15). Transitional provisions preserve certain arrangements and processes from the old Ordinance for tickets, infringement notices, infringement notice management plans, staffing arrangements and ticket parking schemes (s 16-18).

• Legislative instrument framework. Rules under s 14 are legislative instruments. They will sit within the federal legislative instrument framework and be subject to any procedural requirements for legislative instruments (s 14(1)). The Ordinance itself cannot be amended by the rules (s 14(2)(d)).

• Spent convictions regime in the Crimes Act 1914. Section 13(4) expressly states that nothing in s 13 affects the operation of Part VIIC of the Crimes Act 1914, which relieves persons in specified circumstances from disclosing spent convictions.

Operationally, the Ordinance creates concurrent potential applicability of ACT laws (as applied) and ACT laws acting directly in the ACT; the text recognises and preserves concurrency where both can operate (s 10(2)). It also establishes that certain criminal law principles (ACT Criminal Code Chapter 2) will govern offences, linking the applied road transport offences to ACT criminal doctrine.

The instrument is presented as a new Australian Capital Territory National Land (Road Transport) Ordinance 2025 with commencement on 1 April 2025 (s 2). The text explicitly creates transitional machinery for a transition from an earlier instrument and contemplates formal repeal of the old Ordinance by a separate repeal instrument:

• Replaced instrument. The Ordinance refers to an "old Ordinance" being the National Land (Road Transport) Ordinance 2014, as in force immediately before the commencement of this instrument (s 15). The text anticipates a separate repeal instrument,the Australian Capital Territory National Land (Road Transport) (Repeal and Consequential Amendments) Ordinance 2025,which will repeal the old Ordinance (s 15).

• Transitional continuity. Division 1 of Part 4 contains transitional and saving provisions (s 16-18). Those provisions ensure continuity for parking tickets and infringement notices purchased or issued on or after the commencement (s 16(1)), preserve the effect of the old Ordinance and instruments as they apply to matters not finally dealt with before commencement (s 16(2)), preserve infringement notice management plans entered under the old Ordinance (s 16(3)), and provide for infringement notice management plans entered after commencement in relation to pre‑commencement infringement notices to be dealt with under the new instrument (s 16(4)). Staffing arrangements under the National Land (Road Transport) (Parking) Rules 2024 in force immediately before commencement are saved as if entered under s 12 of this Ordinance (s 17). Ticket parking schemes established under the old Ordinance and in force immediately before commencement continue as if established under this instrument (s 18).

• Commencement. The whole of the Ordinance is declared to commence on 1 April 2025 (s 2(1) table). The note to s 2 clarifies that the table applies only to the provisions as originally made and will not be updated to reflect later amendments.

• Rule‑making and future modification. Section 14 establishes a continuing power for the Minister to make rules by legislative instrument to apply and modify ACT road transport laws to National Land (s 14(1)). Rules can apply ACT laws as in force at the time of the rule or at a specified earlier time (s 8(2); s 7(2)). This creates an ongoing pathway for updating detailed operational law without amending the Ordinance text.

No other amendments or historical legislative steps are set out in the text of the Ordinance itself. The instrument therefore replaces the earlier 2014 Ordinance subject to a separate repeal instrument, and establishes a rule‑making pathway for future modifications of the applied law rather than frequent amendment of the Ordinance.

The Ordinance text does not record any litigation history. It contains no references to judicial decisions, doctrinal controversies, or legal challenges. Accordingly, there is no litigation history contained within this source to summarise.

That said, the text contains several provisions that create plausible grounds for future legal challenge or interpretive litigation, should disputes arise. Identifiable areas where litigation might occur include:

• Interpretation questions under s 6. Applied ACT laws are to be interpreted as they would in the ACT, but the rules may redefine expressions (s 6(1)-(2)). Disputes could arise about whether ACT case law or ACT statutory interpretation principles bind Commonwealth courts when assessing applied laws, and whether a rule’s redefinition was within the rule‑making power.

• Interaction of s 11 and s 14(2)(b). The Ordinance vests powers from ACT authorised persons or ACT Ministers in Commonwealth actors (s 11), while s 14(2)(b) prohibits rules from providing powers of arrest/detention or entry/search/seizure. Litigation could address whether applying an ACT law that contains coercive powers is compatible with the restriction on rules to provide those powers and how those powers can be exercised by authorised persons appointed under the Ordinance.

• Criminal liability under an applied law and Chapter 2 application. Section 7 applies Chapter 2 of the ACT Criminal Code to offences against applied law. Litigation could arise over which temporal version of Chapter 2 applies (s 7(2)), or whether federal prosecutors must follow particular ACT regulatory prosecution practices.

• Concurrent operation and division of jurisdiction. Section 10 indicates that the applied ACT laws apply as laws of the Commonwealth and that the Ordinance is not intended to exclude concurrent operation of ACT law where capable of doing so (s 10(1)-(2)). Litigation could address whether an ACT law is operative in relation to the same conduct on National Land, or whether a territorial law and a Commonwealth application are inconsistent.

• Delegation and delegation limits. Section 11(3)-(5) allows delegation but requires ministerial satisfaction regarding qualifications or seniority. Challenges could emerge over improper delegations or the adequacy of the Minister’s satisfaction.

The Ordinance’s text leaves these interpretive questions open to adjudication if disputes arise. No judicial history is contained in the text itself.

This Ordinance contains several technical and operational features that are potential traps for agencies, lawyers and regulated persons. These "gotchas" are textual facts, not policy judgments.

• Rules cannot themselves provide coercive powers, yet applied ACT laws may contain them. Section 14(2)(b) bars rules from providing powers of arrest/detention and entry/search/seizure. But the rules may apply ACT laws that include offences and enforcement provisions (s 14(3)), and s 11 vests powers vested in ACT authorised persons into Commonwealth appointed authorised persons. The interplay may create practical uncertainty about whether coercive powers that exist in ACT law can be exercised in National Land enforcement without a rule expressly granting such powers. This is an implementation and legal interpretation risk evident from the text (s 11; s 14(2)(b); s 14(3)).

• Applied laws interpreted as ACT law by default but open to redefinition. Section 6(1) makes applied ACT laws to be interpreted as they would be in the ACT; s 6(2) allows rules to give new meanings to expressions used in the applied law. This is useful flexibility but creates a compliance burden: stakeholders must check both the original ACT law and the rules to understand the meaning of key terms in the National Land context (s 6(1)-(2)).

• Penalty unit divergence. The rules may specify a penalty unit amount different from s 4AA of the Crimes Act 1914 for applied laws (s 14(4)-(5)). Fines for similar breaches may therefore diverge between National Land and elsewhere, complicating compliance advice and enforcement practice.

• Scope of area declarations. The Minister can declare that an applied law applies to National Land areas that are open to or used by the public or can exclude roads or road related areas from application (s 9(1)-(2)). The instrument’s definitions in s 9(3) are functional and hinge on "open to or used by the public" and "developed for, or has as one of its main uses, the driving or riding of motor vehicles." That wording gives the Minister significant discretion over geographic application; affected parties should not assume all National Land will automatically be covered.

• Transition continuity complexities. Transitional provisions preserve many pre‑commencement arrangements (s 16-18), but the text requires careful mapping of which tickets, infringement notices or management plans are "not finally dealt with" at commencement (s 16(2)). Administratively, authorities need robust case management to ensure no loss of rights or double handling.

• Appointment constraints and spent convictions. The Minister must consider criminal convictions in appointments (s 13(2)(b)(i)) but s 13(4) clarifies that Part VIIC of the Crimes Act 1914 (spent convictions rules) operates. Appointment processes must therefore be designed to respect the spent convictions regime; failure to do so could expose appointments to legal challenge.

• Delegation prerequisites. The Commonwealth Minister may delegate powers under s 11(3) but must be satisfied about the delegate’s qualifications (s 11(4)). Operational delegations that do not document the Minister’s satisfaction or the delegate’s qualifications could be vulnerable to challenge.

• Legislative instrument form and limits. Rules are legislative instruments (s 14(1)) and cannot directly amend this Ordinance (s 14(2)(d)). Detailed operational changes must therefore be achieved by rules that remain within the delegated power and the explicit prohibitions in s 14. Practitioners must verify that proposed rule text stays within s 14(2) constraints.

• Concurrent ACT law. Section 10(2) states that the Ordinance and rules are not intended to exclude or limit operation of an ACT law to the extent the ACT law is capable of operating concurrently. This concurrent operation can create compliance complexity for users and enforcement ambiguity about which regime takes precedence in specific factual circumstances.

• No rule‑making power to impose tax or create offences, but ability to apply them. The rules cannot impose a tax (s 14(2)(c)) nor create offences (s 14(2)(a)), but s 14(3) allows rules to apply or modify ACT offences and pecuniary penalties. Care is needed to avoid thinking the prohibition in s 14(2)(a) bars the rules from making ACT offences operative; the text draws a distinction between rules themselves creating an offence and rules applying an existing ACT offence.

These are concrete textual features to account for in drafting rules, administering enforcement, advising clients and designing compliance processes.

Compliance with the Ordinance is a two‑level task: (A) design and administrative compliance by the Commonwealth Minister, agencies and any contractor (including ACT agencies where arrangements are entered), and (B) substantive compliance by road users and regulated entities on National Land.

A. Obligations and steps for the Commonwealth administration, ACT agencies and enforcement bodies

1. Rule drafting and legislative instrument procedure

   • Draft rules under s 14(1) to apply specified ACT road transport laws to the designated National Land (s 8(1)). Ensure rules are legislative instruments and follow the required parliamentary/legislative instrument processes.
   • Ensure rules remain within s 14(2) constraints (do not create offences or taxes, do not provide arrest/detention or entry/search/seizure powers in the rules themselves, do not directly amend the Ordinance). If applying ACT laws that include coercive powers, document legal basis for the exercise of those powers under s 11 vesting and consult counsel on interaction with s 14(2)(b).
   • If intending to change fine amounts, specify a penalty unit under s 14(4) and make clear the commencement date for that amount (s 14(5)).

2. Area declaration and mapping

   • Use s 9(1) to prepare declarations identifying which parts of National Land are "roads" or "road related areas" for the purposes of applied laws. Map National Land parcels, footpaths, shoulders and other specified features to avoid ambiguity (s 9(3)).
   • Prepare public guidance to explain which areas are covered and keep declarations accessible.

3. Appointments, vetting and training of authorised persons

   • Establish appointment processes consistent with s 13(2): verify citizenship/permanent residency, check criminal convictions and employment records, and maintain records of satisfactory completion of adequate training for proposed enforcement powers.
   • Ensure appointments respect Part VIIC of the Crimes Act 1914 concerning spent convictions (s 13(4)).
   • Document instruments of appointment and publish conditions and delegations where appropriate.

4. Delegations and administrative arrangements

   • If delegating powers under s 11(3), document the Minister’s satisfaction as to delegate qualifications or the seniority of the office holder (s 11(4)), and record any conditions attached to the delegation (s 11(5)).
   • Draft and execute administrative arrangements under s 12 with the ACT or other persons, setting out responsibilities, data sharing, enforcement protocols, dispute resolution and financial arrangements where applicable.

5. Transitional continuity handling

   • Audit all parking tickets, infringement notices and infringement notice management plans in force at commencement to determine which matters are "not finally dealt with" (s 16(2)-(4)).
   • Convert existing staffing arrangements under the 2024 Rules to arrangements under s 12 as saved by s 17, and ensure continuity of the ticket parking scheme under s 18.

6. Criminal responsibility and prosecutorial guidance

   • Decide which temporal version of Chapter 2 of the ACT Criminal Code will apply under s 7(2) and incorporate that choice in rule drafting. Provide prosecutorial guidance consistent with the applied Chapter 2.

7. Communications and signage

   • Provide clear public information about the legal switch,what ACT laws apply to which areas, enforcement arrangements, contact points for infringement notice management plans, and any differences in penalty amounts.

B. Compliance steps for road users and regulated entities

1. Identify applicable location and law

   • Check whether the National Land area you use is covered by a declaration under s 9. Do not assume all National Land is covered; the Minister’s declarations determine the geographic reach.

2. Confirm which ACT law and version applies

   • Check the rules to see which ACT road transport laws have been applied (s 8(2)) and whether they are applied as at the rule commencement time or a specified earlier time. This affects the standard of conduct and the precise statutory provisions in force.

3. Understand penalties and enforcement process

   • Confirm the penalty unit amount applied to any pecuniary penalty by consulting the rules (s 14(4)-(5)). Also determine whether enforcement will be undertaken by Commonwealth‑appointed authorised persons or by an ACT agency under arrangement (s 11; s 12).

4. For persons subject to appointment as authorised persons

   • If seeking appointment, be prepared to demonstrate citizenship/permanent residency, provide employment history and disclose convictions where required, subject to the spent convictions protections of Part VIIC of the Crimes Act (s 13(2)-(4)). Ensure training records are maintained to demonstrate adequacy.

5. For holders of infringement notices or tickets

   • Verify whether existing tickets or infringement notices are subject to transitional arrangements (s 16). If an infringement notice management plan applies, check whether it was entered under the old Ordinance and preserved under s 16(3) or entered under the new instrument (s 16(4)).

6. Administrative and contractual compliance for outsourced operators

   • Private contractors or ACT agencies operating under arrangements with the Commonwealth should ensure contractual terms reflect s 12 administrative powers, indemnities, data sharing, enforcement authorities, and the delegation or appointment documents under s 11 and s 13.

7. Seek legal advice on contested enforcement

   • If enforcement includes coercive steps not clearly authorised under the rules (given s 14(2)(b)), consider legal advice before contesting enforcement actions. Criminal liability for applied offences will be resolved with reference to Chapter 2 of the ACT Criminal Code as applied under s 7.

Checklist for administrators and advisors

• Verify which ACT statutes are proposed for application and the precise versions intended (s 8(2)).
• Prepare declarations under s 9 and ensure they are published and mapped.
• Draft rules consistent with s 14 constraints and with explicit penalty unit settings if needed (s 14(4)).
• Create appointment and vetting processes addressing s 13(2) criteria and respecting spent convictions rules (s 13(4)).
• Document delegations under s 11(3) with ministerial satisfaction records per s 11(4).
• Enter administrative arrangements under s 12 with clear roles, indemnities and data protocols.
• Map transitional matters (s 16-18) and plan for continuity of ticket schemes and staffing arrangements.

Following these steps will align operational systems, appointments, rule text and public guidance with the Ordinance’s textual requirements.