Australian Capital Territory National Land (Road Transport) Rules 2025
I, Kristy McBain, Minister for Regional Development, Local Government and Territories, make the following rules.
Dated 24 February 2025
Kristy McBain
Minister for Regional Development, Local Government and Territories
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Simplified outline of this instrument
5 Definitions
Part 2—Applied ACT road transport law
Division 1—Application of ACT road transport law to National Land
6 Application of ACT road transport law to National Land
7 Areas of National Land for applied ACT road transport laws
8 Definitions of certain expressions used in applied ACT road transport law
Division 2—Modifications of applied ACT road transport law
Subdivision A—Purpose of this Division
9 Purpose of this Division
Subdivision B—Road Transport (General) Act 1999 (ACT)
10 Section 22 of the Road Transport (General) Act 1999 (ACT)
11 Section 26 of the Road Transport (General) Act 1999 (ACT)
12 Section 28 of the Road Transport (General) Act 1999 (ACT)
13 Section 31A of the Road Transport (General) Act 1999 (ACT)
14 Section 36 of the Road Transport (General) Act 1999 (ACT)
15 Section 39 of the Road Transport (General) Act 1999 (ACT)
16 Section 56 of the Road Transport (General) Act 1999 (ACT)
17 Section 96 of the Road Transport (General) Act 1999 (ACT)
Subdivision C—Road Transport (Offences) Regulation 2005 (ACT)
18 Section 14A of the Road Transport (Offences) Regulation 2005 (ACT)
19 Section 14B of the Road Transport (Offences) Regulation 2005 (ACT)
Subdivision D—Road Transport (Road Rules) Regulation 2017 (ACT)
20 Section 197 of the Road Transport (Road Rules) Regulation 2017 (ACT)
21 Section 208 of the Road Transport (Road Rules) Regulation 2017 (ACT)
Subdivision E—Road Transport (Traffic Management) Regulation 2017 (ACT)
22 Section 33 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
23 Section 34 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
24 Section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
25 Section 64 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
Part 3—Miscellaneous
26 Application of ACT Criminal Code
27 Penalty unit amount
Schedule 1—Map of National Land
1 Map of National Land
Part 1—Preliminary
1 Name
This instrument is the Australian Capital Territory National Land (Road Transport) Rules 2025.
2 Commencement
This instrument commences immediately after the commencement of the Australian Capital Territory National Land (Road Transport) Ordinance 2025.
Note: The Ordinance commenced on 1 April 2025.
3 Authority
This instrument is made under the Australian Capital Territory National Land (Road Transport) Ordinance 2025.
4 Simplified outline of this instrument
This instrument applies and modifies laws of the Australian Capital Territory relating to road transport and parking to National Land. Under the Australian Capital Territory National Land (Road Transport) Ordinance 2025, an applied law applies as a law of the Commonwealth.
The specified laws that are applied to National Land, and the specified areas of National Land to which they apply, are set out in Division 1 of Part 2 of this instrument. Division 2 of Part 2 then sets out the modifications of those laws.
Part 3 contains miscellaneous provisions relating to the operation of the applied laws on National Land, including specifying that Chapter 2 of the Criminal Code 2002 (ACT) applies to offences as that Chapter is in force at the time this instrument commences and applying the penalty unit amount as specified in section 133 of the Legislation Act 2001 (ACT).
5 Definitions
Note: A number of expressions used in this instrument are defined in the Ordinance, including the following:
(a) ACT road transport law;
(b) applied ACT road transport law;
(c) National Land.
In this instrument:
NCA means the National Capital Authority established by the Australian Capital Territory (Planning and Land Management) Act 1988.
Ordinance means the Australian Capital Territory National Land (Road Transport) Ordinance 2025.
Part 2—Applied ACT road transport law
Division 1—Application of ACT road transport law to National Land
6 Application of ACT road transport law to National Land
(1) For the purposes of subsection 8(1) of the Ordinance, the ACT road transport laws specified in the table in subsection (4) of this section are applied to the areas of National Land specified in section 7.
(2) For the purposes of subsection 8(2) of the Ordinance, the ACT road transport laws specified in the table in subsection (4) of this section apply as in force at the time this instrument commences.
Note: This instrument commenced on 1 April 2025.
(3) The ACT road transport laws specified in the table in subsection (4) are modified in their application to National Land as set out in Division 2 of this Part.
(4) The provisions of an ACT road transport law specified in column 2 of the following table are applied ACT road transport laws.
Applied ACT road transport law
Item Column 1 Column 2
ACT road transport law Provision applied to National Land
1 Road Transport (General) Act 1999 (ACT) (a) section 20 (Identity cards);(b) section 21 (Power not to be exercised before identity card shown);(c) section 22 (Purpose and effect of pt 3)(d) section 24 (Infringement notices), other than subsection (3);(e) section 25 (Infringement notices—contents);(f) section 26 (Infringement notice—payment of penalty etc);(g) section 27 (Reminder notice—service and contents);(h) section 28 (Action on service of reminder notice—payment of penalty etc);(i) section 29 (Extension of time to do things);(j) section 31 (Time for beginning prosecution for infringement notice offence);(k) Division 3.2A (Infringement notice management plans), other than paragraph 31A(4)(c), subsection 31B(4) and sections 31C and 31D;(l) Division 3.2B (Waiver of infringement notice penalties), other than paragraphs 31G(3)(c), (d) and (e), subsection 31G(4) and section 31I;(m) section 33 (Responsible person’s obligations);(n) Division 3.3AA (Withdrawal of infringement notices), other than subsection 35(3) and section 38;(o) Division 3.3AB (Effect of penalty payment etc);(p) Division 3.5 (Disputing liability);(q) section 56 (Evidentiary certificates);(r) section 58 (Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider);(s) section 58B (Police officer or authorised person may direct removal of thing covering person’s face);(t) section 60 (Police officer or authorised person may require people to disclose identity of driver), to the extent it relates to an offence applied to National Land by this instrument;(u) section 72 (Certificate evidence and other evidentiary provisions)(v) Division 4.4 (Proceedings for offences under road transport legislation);(w) Part 7 (Notification and review of decisions), other than sections 90, 90A and 95;(x) section 96 (Determination of fees, charges and other amounts), other than subsections (4) and (5);(y) subsections 225(1) and (2) (Approved forms);(z) section 231 (Person not to hinder or obstruct);(za) section 232 (False or misleading statements).
2 Road Transport (General) Regulation 2000 (ACT) (a) section 5 (Responsible people for vehicle);(b) section 10 (Certificate evidence—Act, s 72 (4)), other than paragraphs (a) and (b);(c) subsection 13AA(1) (Remission of fees, charges and other amounts—authority);(d) section 13A (Rounding down of fees);(e) section 14 (Refund of fees, charges and other amounts);(f) Part 1.5 of Schedule 1 (Road Transport (General) Act 1999);(g) Part 1.6C of Schedule 1 (Road Transport (Offences) Regulation 2005);(h) Part 1.9 of Schedule 1 (Road Transport (Safety and Traffic Management) Regulation 2017), other than items 1 and 6 to 8;(i) Part 3.1 of Schedule 3 (Fees, charges and other amounts – refund), items 2 and 3;(j) Part 3.2 of Schedule 3 (Fees, charges and other amounts – partial refund using s 15 formula), item 9.
3 Road Transport (Offences) Regulation 2005 (ACT) (a) section 7 (Cost of serving reminder notice—Act, dict, def infringement notice penalty, par (b));(b) section 11 (People authorised for infringement notices (other than heavy vehicle infringement notices) etc to have unique number);(c) section 12 (Infringement notices—service if offender known—Act, s 24 (2));(d) section 12A (Infringement notices—service if offender unknown—Act, s 24 (2));(e) section 12B (Infringement notices—service by electronic means—Act, s 24 (2));(f) section 14 (Infringement notices—service on nominated person—Act, s 24 (2));(g) section 14A (Infringement notices—contents—Act, s 25), other than paragraph (2)(h) and subparagraphs 2(l)(i) and (ii);(h) section 14B (Reminder notices—contents—Act, s 27 (3)), other than subparagraphs (1)(r)(ii) and (2)(d)(i) and (ii);(i) section 14C (Extension of time—application within time—Act, s 29 (5));(j) section 14D (Extension of time—application out‑of‑time—Act, s 29 (5));(k) section 14E (Maximum amount of extended time allowed—Act, s 29 (5));(l) section 14EA (Application for infringement notice management plan or addition to plan—contents—Act, s 31A (4) (b));(m) section 14EB (Minimum amount—Act, s 31B (7) (b));(n) Division 2A.1 of Part 2A (Payment by instalments);(o) section 17 (Short description of offences—Act, s 75);(p) Part 1.7 of Schedule 1 (Road Transport (General) Act 1999), items 1, 3, 5, 7, 8, 15, 16 and 17;(q) Part 1.9 of Schedule 1 (Road Transport (Offences) Regulation 2005);(r) Part 1.12A of Schedule 1 (Road Transport (Road Rules) Regulation 2017), items 223, 224, 230, 237 to 242, 245, 246, 249, 254, 255, 262, 265 to 269, 274, 275, 277, 278, 279, 281.7, 282, 287, 288, 295 to 303, 308 to 319, 326, 327, 329 and 330;(s) Part 1.13 of Schedule 1 (Road Transport (Safety and Traffic Management) Regulation 2017), item 10.
4 Road Transport (Road Rules) Regulation 2017 (ACT) (a) section 8 (Offences against regulation—strict liability);(b) section 9 (Offences against regulation—defence);(c) Division 2.1 (Application of this regulation);(d) section 167 (No stopping sign);(e) section 168 (No parking sign);(f) section 172 (Stopping on or near pedestrian crossing (except at intersection));(g) section 179 (Stopping in loading zone);(h) section 182 (Stopping in taxi zone);(i) section 183 (Stopping in bus zone);(j) section 185 (Stopping in permit zone);(k) section 188 (Stopping in shared zone);(l) section 189 (Double parking);(m) section 195 (Stopping at or near bus stop);(n) section 197 (Stopping on path, dividing strip, nature strip, painted island or traffic island);(o) section 198 (Obstructing access to and from footpath, driveway etc);(p) section 202 (Stopping on road with motorbike parking sign);(q) section 203 (Stopping in parking area for people with disabilities);(r) section 203B (Stopping in parking area for electric-powered vehicles);(s) section 203C (Stopping parking area for charging of electric-powered vehicles);(t) Division 12.7 (Permissive parking signs and parking fees), other than section 207 (Parking where fee payable);(u) subsections 208(1) and (8) (Parallel parking on road (except in median strip parking area));(v) section 208A (Parallel parking in road related area (except in median strip parking area));(w) section 211 (Parking in parking bay);(x) Division 12.12 (Ticket parking), other than section 213Q (Misuse of parking ticket machine), section 213R (Interfering with parking ticket machine etc) and section 213S (Interfering with parking ticket);(y) Section 213T (Unauthorised use of parking permit and mobility parking scheme authority);(z) subsection 213U(2) (Interfering with parking permit and mobility parking scheme authority);(za) section 213V, to the extent it relates to stopping or parking provisions that are applied under another item of this table;(zb) section 307 (Stopping and parking exemption - police and emergency vehicles or authorised person).
5 Road Transport (Safety and Traffic Management) Regulation 2017 (ACT) (a) Division 7.2 (Ticket parking schemes), other than section 43;(b) section 64 (Parking permits), other than paragraph (2)(g) and subsection (6);(c) section 66 (Parking permits and mobility parking scheme authorities—cancellation), to the extent it relates to parking permits;(d) section 67 (Parking permits and mobility parking scheme authorities—return when cancelled), to the extent it relates to parking permits;(e) section 68 (Marking tyres by parking inspectors);(f) section 72 (Overlapping schemes), to the extent it relates to ticket parking schemes.
7 Areas of National Land for applied ACT road transport laws
(1) The areas of National Land designated in writing by the Minister administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 as land required for the special purposes of Canberra as the National Capital are specified for the purposes of section 6.
(2) The areas of National Land that are the subject of an agreement between the NCA and another Commonwealth entity for the management of parking are specified for the purposes of section 6.
(3) The map in Schedule 1 to this instrument is illustrative, but not determinative, of the areas of land specified in subsections (1) and (2).
8 Definitions of certain expressions used in applied ACT road transport law
(1) For the purposes of subsection 6(2) of the Ordinance, if an expression used in an applied ACT road transport law, or a provision of an applied ACT road transport law, specified in the table in subsection 6(4) of this instrument is listed in subsection (2) of this section, the expression has the meaning given by subsection (2).
(2) In an applied ACT road transport law, or a provision of an applied ACT road transport law:
administering authority means the Minister.
decision-maker means the Minister.
infringement notice offence means an offence mentioned in Schedule 1 to the Road Transport (Offences) Regulation 2005 (ACT)(Cth), as applied by section 6 of this instrument, for which column 5 of the item applying to the offence contains an infringement penalty.
internally reviewable decision means a decision prescribed by Schedule 1 to the Road Transport (General) Regulation 2000 (ACT)(Cth), as applied by section 6 of this instrument, other than a decision made personally by the Minister.
road has the same meaning as in section 9 of the Ordinance.
road related area has the same meaning as in section 9 of the Ordinance.
Division 2—Modifications of applied ACT road transport law
Subdivision A—Purpose of this Division
9 Purpose of this Division
(1) For the purposes of subsection 8(1) of the Ordinance, this Division specifies modifications of the applied ACT road transport laws in their application to National Land in accordance with section 6 of this instrument.
(2) Each applied ACT road transport law that is specified in a Subdivision in this Division is modified as set out in the applicable sections of that Subdivision.
Subdivision B—Road Transport (General) Act 1999 (ACT)
10 Section 22 of the Road Transport (General) Act 1999 (ACT)
(1) The section heading to section 22 of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by substituting the following text:
22 Purpose and effect of the infringement notice framework
(2) Section 22 of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by inserting the following subsection before subsection (1):
(1A) The following sections and Divisions are collectively described as the infringement notice framework:
(a) this section;
(b) section 24 (Infringement notices);
(c) section 25 (Infringement notices—contents);
(d) section 26 (Infringement notice—payment of penalty etc);
(e) section 27 (Reminder notice—service and contents);
(f) section 28 (Action on service of reminder notice—payment of penalty etc);
(g) section 29 (Extension of time to do things);
(h) section 31 (Time for beginning prosecution for infringement notice offence);
(l) Division 3.3AA (Withdrawal of infringement notices);
(m) Division 3.3AB (Effect of penalty payment etc);
(n) Division 3.5 (Disputing liability);
(o) section 56 (Evidentiary certificates).
Note: The above sections and Divisions apply on National Land to the extent they have been applied by section 6 of the Australian Capital Territory National Land (Road Transport) Rules 2025.
(3) Subsection 22(1) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by substituting the following text:
(1) The purpose of the infringement notice framework is to create a system of infringement notices for certain offences against the road transport legislation and other legislation so that a person may choose to pay an amount as an alternative to prosecution.
(4) Subsection 22(2) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by omitting “this part” and substituting “the infringement notice framework”.
11 Section 26 of the Road Transport (General) Act 1999 (ACT)
Subparagraph 26(2)(b)(ii) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by substituting the following text:
(ii) if the person has an infringement notice management plan with the administering authority—add the infringement notice penalty for the offence to the plan; or
12 Section 28 of the Road Transport (General) Act 1999 (ACT)
Subparagraph 28(2)(b)(ii) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by substituting the following text:
(ii) if the person has an infringement notice management plan with the administering authority—add the infringement notice penalty for the offence to the plan; or
13 Section 31A of the Road Transport (General) Act 1999 (ACT)
(1) Paragraphs 31A(2)(a) and (b) of the Road Transport (General) Act 1999 (ACT)(Cth) are modified by substituting the following text:
(a) to enter into an arrangement (an infringement notice management plan) with the administering authority for discharge of the penalty for the offence by payment by instalment; or
(b) if the individual has an infringement notice management plan with the administering authority—to add the infringement notice penalty for the offence to the individual’s plan.
(2) Paragraph 31A(3)(b) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by substituting the following text:
(b) if the corporation has an infringement notice management plan with the administering authority—to add the infringement notice penalty for the offence to the corporation’s plan.
(3) Paragraph 31A(4)(c) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by repealing that paragraph.
14 Section 36 of the Road Transport (General) Act 1999 (ACT)
Paragraph 36(4)(a) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by omitting “this part” and substituting “the infringement notice framework”.
15 Section 39 of the Road Transport (General) Act 1999 (ACT)
(1) Sub-subparagraphs 39(1)(a)(ii)(A), (b)(ii)(A) and (c)(ii)(A) of the Road Transport (General) Act 1999 (ACT)(Cth) are modified by omitting “this part” (wherever occurring) and substituting “the infringement notice framework”.
(2) Subsection 39(2) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by inserting the following paragraph after paragraph (b):
(ba) is not taken to have admitted guilt or liability for the offence; and
16 Section 56 of the Road Transport (General) Act 1999 (ACT)
Subsections 56(2) and (3) of the Road Transport (General) Act 1999 (ACT)(Cth) are modified by omitting “this part” (wherever occurring) and substituting “the infringement notice framework”.
17 Section 96 of the Road Transport (General) Act 1999 (ACT)
Subsection 96(3) of the Road Transport (General) Act 1999 (ACT)(Cth) is modified by substituting the following text:
(3) A determination is a legislative instrument (within the meaning of the Legislation Act 2003 (Cth)).
Subdivision C—Road Transport (Offences) Regulation 2005 (ACT)
18 Section 14A of the Road Transport (Offences) Regulation 2005 (ACT)
(1) Paragraph 14A(2)(e) of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) is modified by inserting the following subparagraph after subparagraph (ii):
(iia) the person will not be taken to have admitted guilt or liability for the offence; and
(2) Subsection 14A(3) of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) is modified by substituting the following text:
(3) In this section:
the required time, for a person to pay a penalty for an infringement notice offence, means—
(a) 28 days after the day the infringement notice for the offence was served; or
(b) any additional time allowed under the Act, section 29 (Extension of time to do things); or
(c) if an application for an extension of time was refused under the Act, section 29, the later of the following:
(i) 7 days after the day the person is given written notice of the refusal;
(ii) 28 days after the date of issue of the infringement notice.
19 Section 14B of the Road Transport (Offences) Regulation 2005 (ACT)
Paragraph 14B(1)(o) of the Road Transport (Offences) Regulation 2005 (ACT)(Cth) is modified by inserting the following subparagraph after subparagraph (ii):
(iia) the person will not be taken to have admitted guilt or liability for the offence; and
Subdivision D—Road Transport (Road Rules) Regulation 2017 (ACT)
20 Section 197 of the Road Transport (Road Rules) Regulation 2017 (ACT)
(1) Subsection 197(1) of the Road Transport (Road Rules) Regulation 2017 (ACT)(Cth) is modified by inserting “or an open area that is accessible to the public,” after “dividing strip,”.
(2) Section 197 of the Road Transport (Road Rules) Regulation 2017 (ACT)(Cth) is modified by adding the following subsection at the end of the section:
(3) In this section:
open area that is accessible to the public includes any grassed, mulched, gravelled, tiled, paved, landscaped or partially landscaped area on National Land that is accessible to the public.
21 Section 208 of the Road Transport (Road Rules) Regulation 2017 (ACT)
Subsection 208(1) of the Road Transport (Road Rules) Regulation 2017 (ACT)(Cth) is modified by omitting “subsections (2) to (8)” and substituting “subsection (8)”.
Subdivision E—Road Transport (Traffic Management) Regulation 2017 (ACT)
22 Section 33 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
Subsection 33(3) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) is modified by substituting the following text:
(3) The declaration is a legislative instrument (within the meaning of the Legislation Act 2003 (Cth)).
23 Section 34 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
Subsection 34(2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) is modified by substituting the following text:
(2) The parking authority guidelines are a legislative instrument (within the meaning of the Legislation Act 2003 (Cth)).
24 Section 36 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
Subsection 36(3) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) is modified by substituting the following text:
(3) An approval is a notifiable instrument (within the meaning of the Legislation Act 2003 (Cth)).
25 Section 64 of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)
(1) Subsection 64(1) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) is modified by substituting the following text:
(1) The road transport authority may issue a permit (a parking permit) of a kind mentioned in subsection (2) authorising the parking of a vehicle:
(a) on a length of road or in an area designated by a permit zone sign for use by holders of that kind of parking permit; or
(b) in a ticket parking space in a ticket parking area; or
(c) on an open area that is accessible to the public as defined by subsection 197(3) of the Road Transport (Road Rules) Regulation 2017 (ACT)(Cth).
(1A) A fee may be determined, under section 96 of the Road Transport (General) Act 1999 (ACT)(Cth), for the issue of a parking permit under paragraph (1)(b) or (c) of this section.
(2) Paragraph 64(2)(f) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT)(Cth) is modified by substituting the following text:
(f) a special event parking permit;
(fa) a construction zone permit;
(fb) a national institution volunteer permit.
Part 3—Miscellaneous
26 Application of ACT Criminal Code
For the purposes of subsection 7(2) of the Ordinance, Chapter 2 of the Criminal Code 2002 (ACT) applies to all offences against an applied ACT road transport law as that Chapter is in force at the time this instrument commences.
Note: This instrument commenced on 1 April 2025.
27 Penalty unit amount
(1) For the purposes of subsection 14(4) of the Ordinance, the amount of a penalty unit for an offence, civil penalty or pecuniary penalty in an applied ACT road transport law, or a provision of an applied ACT road transport law, specified in the table in subsection 6(4) of this instrument is the amount specified in subsection (2) of this section.
(2) The amount is the amount specified as a penalty unit in section 133 of the Legislation Act 2001 (ACT) as that section is in force at the time this instrument commences.
Note 1: This instrument commenced on 1 April 2025.
Note 2: At the time this instrument commenced, a penalty unit in section 133 of the Legislation Act 2001 (ACT) was $160 for an individual and $810 for a corporation.
Schedule 1—Map of National Land
Note: See section 7.
1 Map of National Land
(1) The areas marked red on the map on the following page illustrate, but do not determine, the areas of National Land designated in writing by the Minister administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 as land required for the special purposes of Canberra as the National Capital.
Note: The map was current as of 18 February 2025.
(2) The areas marked green and blue on the map on the following page illustrate, but do not determine, the areas of National Land to which agreements referred to in subsection 7(2) may relate.
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