This statute transfers primary responsibility for regulating parking and traffic on Australian National University land in the Australian Capital Territory from ACT road transport authorities to the University, by applying selected ACT road transport laws to University land with modifications. The Council makes the instrument under the Australian National University Act 1991 (s 3). The instrument commences 1 January 2020 (s 2). It does three mechanical things.

First, it declares an applied ACT parking and traffic legislation bundle and makes that bundle operate in relation to University land (s 8; s 9). Schedule 1 lists the ACT provisions that are adopted (for example, Parts of the Road Transport (General) Act 1999 (the General Act), the Road Rules Regulation 2017, the Safety and Traffic Management Act 1999 and related regulations and guidelines). The adopted provisions include the statutory frameworks for infringement notices, ticket parking, traffic signs, removal powers and many road rules (Schedule 1).

Second, the statute substitutes the University’s Vice‑Chancellor as the designated authority to perform many functions otherwise exercised by ACT authorities. The Vice‑Chancellor is defined as the designated authority (s 5) and the general modifications in Schedule 2 replace references to the ACT road transport authority, administering authority, Minister and approved ACT forms with the University equivalents (Schedule 2, ss 1, 6, 11 and 3 respectively). The instrument also enables the designated authority to appoint University authorised persons (s 22), delegate and subdelegate functions (s 25) and to enter administrative arrangements with the ACT (s 18).

Third, it creates University‑specific procedural regimes where the statute either supersedes or supplements ACT provisions. Examples: Part 3 prescribes the issue, display, replacement, surrender and cancellation of parking permits (ss 10-15); Part 4 gives the designated authority power to determine fees and to approve e‑payment methods (ss 16-17); Part 6 contains University‑specific rules on forms, service of notices, traffic sign diagrams and words on signs (ss 20-24). The instrument also makes specific modifications to ACT laws in Schedule 3 (for example, omitting or varying particular General Act and regulatory provisions) and general modifications in Schedule 2 (for example, defining penalty levels and the administering authority for infringement notices).

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THE AUSTRALIAN NATIONAL UNIVERSITy

Australian National University (Parking and Traffic) Statute 2019

The Council of the University makes the following statute.

Dated 6 December 2019

Professor the Hon Gareth Evans AC QC FASSA FAIIA

Chancellor

Contents

4 Simplified outline of this instrument

5 Definitions

6 References to ACT laws

7 Application of certain definitions in ACT legislation

Part 2— Applied ACT parking and traffic legislation

8 What is the applied ACT parking and traffic legislation?

9 Application of applied ACT parking and traffic legislation

Part 3— Parking permits

10 Issue of parking permits etc.

11 Meaning of conditions about display of parking permits

12 Replacement of lost etc. parking permits

13 Surrender of parking permits

14 Cancellation of parking permits

15 Approval of e-permit systems

Part 4— Fees

16 Determination of fees

17 Approval of e-payment methods

Part 5— Arrangements with the ACT

18 Administrative arrangements with ACT

19 Installation of prescribed traffic control devices on University land etc.

Part 6— Miscellaneous

20 Traffic sign diagrams

21 Words on or with certain traffic signs

22 Appointment of authorised persons

23 Approved forms

24 Service of notices etc.

25 Delegation and subdelegation of designated authority’s functions

26 Repeal

27 Transitional

Schedule 1— Applied ACT parking and traffic legislation

1 Applied ACT parking and traffic legislation

Schedule 2— General modifications

1 Administering authority

2 Approved e-payment method

3 Approved forms

4 Authorised persons: general

5 Authorised persons: infringement notices and reminder notices

6 Minister

7 Notifiable instruments

8 Offence references

9 Parking permits

10 Penalty levels

11 Road transport authority

12 Road transport legislation and applied ACT laws

13 Working day

Schedule 3— Specific modifications

1 General Act modifications

2 General Regulation modifications

3 Offences Regulation modifications

4 Safety and Traffic Management Act modifications

5 Safety and Traffic Management Regulation modifications

6 Road Rules Regulation modifications

7 Extension of Time Guidelines modifications

8 Waiver of Infringement Notice Penalties Guidelines modifications

9 Withdrawal of Infringement Notices Guidelines modifications

Part 1—Preliminary

1 Name

This is the Australian National University (Parking and Traffic) Statute 2019.

2 Commencement

This instrument commences on 1 January 2020.

3 Authority

This instrument is made under the Australian National University Act 1991, sections 50 and 51.

4 Simplified outline of this instrument

The Australian National University Act 1991 authorises the Council of the University to make statutes for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the ACT. The statute may provide for the punishment, upon summary conviction, by a fine, of offences against the statute.

This statute is made under that authority.

The statute regulates and controls traffic, and the parking (including the stopping, standing or leaving) of vehicles, on University land by applying ACT parking and traffic laws. There are, however, 2 main exceptions to the application of ACT law by the statute.

First, the statute applies most, but not all, relevant ACT parking and traffic laws to University land. The applied laws are identified in section 8 and include the specific ACT laws mentioned in Schedule 1.

As a result, most, but not all, matters relating to parking and traffic on University land are provided for under the statute by applying ACT parking and traffic laws. Some matters are, however, dealt with by provisions of the statute itself rather than applied ACT law. For example, Part 3 deals with parking permits and Part 4 deals with fees. This is consistent with the approach that, subject to any arrangements made with the ACT under Part 5, the applied parking and traffic laws are to be administered in relation to University land by the University instead of the ACT.

Second, the statute applies ACT parking and traffic laws with certain modifications (see section 9). Schedule 2 provides modifications that apply generally to applied laws. For example, a reference in the applied laws to the road transport authority is generally a reference to the Vice-Chancellor as the designated authority under the statute (see Schedule 2, section 11). Schedule 3 provides modifications that apply to particular applied ACT parking and traffic laws. For example, section 1 of that Schedule sets out a number of specific modifications to the applied provisions of the ACT Road Transport (General) Act 1999.

5 Definitions

In this instrument:

ACT means the Australian Capital Territory.

ACT authorised person means a person who is an authorised person under the General Act, section 19 (Authorised people).

ACT law means an ACT or statutory instrument.

[Note: The ACT Legislation Act, section 13 (Meaning of statutory instrument) defines a ‘statutory instrument’ as an instrument (whether or not legislative in nature) made under an Act, another statutory instrument, or power given by an Act or statutory instrument and also power given otherwise by law. A ‘statutory instrument’ includes an ACT subordinate law, disallowable instrument, notifiable instrument or commencement notice. These terms are also defined in the ACT Legislation Act.]

ACT Legislation Act means the Legislation Act 2001 (ACT).

ACT road transport authority means the Australian Capital Territory Road Transport Authority established by the General Act, section 16.

ACT road transport legislation means the ACT laws that form part of the road transport legislation within the meaning of the General Act, section 6.

[Note.1: The ACT laws that form part of the road transport legislation include the following:

General Act
General Regulation
Offences Regulation
Safety and Traffic Management Act
Safety and Traffic Management Regulation
Road Rules Regulation
Extension of Time Guidelines
Waiver of Infringement Notice Penalties Guidelines
Withdrawal of Infringement Notices Guidelines.]

[Note 2: This section contains definitions for each of these ACT laws.]

[Note 3: ACT laws are accessible at www.legislation.act.gov.au]

applied ACT parking and traffic legislation: see section 8.

approved e-payment method: see section 17 (Approval of e-payment methods).

approved e-permit system: see section 15 (Approval of e-permit systems).

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Cwlth).

Commonwealth Legislation Act means the Legislation Act 2003 (Cwlth).

designated authority means the Vice-Chancellor.

disability permit means a parking permit that states that it is a disability permit.

exercise a function includes perform the function.

Extension of Time Guidelines means the Road Transport (General) Extension of Time Guidelines 2019 (No 1) (ACT).

fee includes a charge or other amount.

function includes duty and power.

General Act means the Road Transport (General) Act 1999 (ACT).

General Regulation means the Road Transport (General) Regulation 2000 (ACT).

instrument: to remove any doubt, instrument includes any publication.

Offences Regulation means the Road Transport (Offences) Regulation 2005 (ACT).

parking permit means a parking permit issued under section10(1) (Issue of parking permits etc.).

Road Rules Regulation means the Road Transport (Road Rules) Regulation 2017 (ACT).

Safety and Traffic Management Act means the Road Transport (Safety and Traffic Management) Act 1999 (ACT).

Safety and Traffic Management Regulation means the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT).

this instrument includes the laws and instruments in force under this instrument, including, for example, any law or instrument applied, adopted or incorporated (with or without change) under this instrument.

University authorised person means:

(a) a person who is an authorised person appointed under section 22 (Appointment of authorised persons); or

(a) a person prescribed by another statute for this instrument or a provision of this instrument.

University land means land occupied by the University in the ACT.

Waiver of Infringement Notice Penalties Guidelines means the Road Transport (General) Waiver of Infringement Notice Penalties Guidelines 2019 (No 1) (ACT).

Withdrawal of Infringement Notices Guidelines means the Road Transport (General) Withdrawal of Infringement Notices Guidelines 2019 (No 1) (ACT).

working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.

6 References to ACT laws

(1) A reference in this instrument (either generally or specifically) to an ACT law is a reference to the law as in force on the application day.

(2) To remove any doubt, a reference in this instrument (either generally or specifically) to an ACT law includes a reference to a provision of the law.

(3) A reference in this instrument (either generally or specifically) to an ACT law includes a reference to the statutory instruments made or in force under the law on the application day.

[Note: The ACT Legislation Act, section 13 defines ‘statutory instrument’. That definition applies in relation to this instrument (see section 7 (Application of certain definitions in ACT legislation).]

(4) In subsection (3), a reference to the statutory instruments made or in force under an ACT law includes a reference to any law or instrument applied, adopted or incorporated (with or without change) under the law on the application day.

(5) In this section:

application day means 1 November 2019 or, if another statute prescribes another day, that day.

7 Application of certain definitions in ACT legislation

(1) This section applies to a term if the term is defined in:

(a) an ACT Act (but not a regulation or other instrument) that forms part of the ACT road transport legislation; or

(b) the ACT Legislation Act so far as it applies in relation the ACT road transport legislation.

(2) The definition applies to each use of the term (and other parts of speech or grammatical forms of the term) in this instrument unless the contrary intention appears.

Part 2—Applied ACT parking and traffic legislation

8 What is the applied ACT parking and traffic legislation?

(1) The applied ACT parking and traffic legislation is the following:

(a) the ACT laws mentioned in Schedule 1 (Applied ACT parking and traffic legislation);

(b) any other ACT law that is declared by another statute to be included in the applied ACT parking and traffic legislation;

(c) the ACT Legislation Act so far as it applies to an ACT law mentioned in paragraph (a) or (b) and is not inconsistent with this instrument;

(d) any other ACT law so far as it gives meaning to, or limits or extends the meaning of, a term used in a law mentioned in paragraph (a) or (b) and is not inconsistent with this instrument.

Example for paragraph (c)

The ACT Legislation Act, section 133 defines the term ‘penalty unit’ for the ACT road transport legislation.

[Note: A reference to an ACT law includes a reference to a provision of the law and to the statutory instruments made or in force under the law (see section 6(2) and (3)).]

(2) However, the applied ACT parking and traffic legislation does not include an ACT law to which subsection (1)(a) applies if the law is declared by another statute not to be included in the applied ACT parking and traffic legislation.

9 Application of applied ACT parking and traffic legislation

The applied ACT parking and traffic legislation applies in relation to University land (including in relation to acts or omissions on University land) with:

(a) the modifications provided by Schedule 2 (General modifications) and Schedule 3 (Specific modifications); and

(b) the modifications provided by any other statute; and

(c) any other necessary modifications.

Part 3—Parking permits

10 Issue of parking permits etc.

(1) The designated authority may issue a permit (a parking permit), in written or electronic form, authorising the parking of a vehicle on University land on a length of road, or in an area, designated by a permit zone sign for use by the holder of that permit or by holders of that kind of parking permit.

(2) A parking permit may be issued:

(a) for a University vehicle; or

(b) for a University-related vehicle; or

(c) to an eligible person.

(3) A parking permit may be:

(a) a disability permit; or

(b) of any other kind decided, in writing, by the designated authority.

(4) A parking permit in written form may be issued for a single specified vehicle. A parking permit in electronic form may be issued for a single specified vehicle or for 2 or more specified vehicles.

(5) If a parking permit is issued in written or electronic form for a single specified vehicle, the permit authorises parking for that vehicle only.

(6) If a parking permit is issued in electronic form for 2 or more specified vehicles, the permit authorises the parking of only one of those vehicles at any time (and for no other vehicle), but does not authorise the parking of any of the specified vehicles unless that vehicle is selected, at that time, as the ‘active vehicle’ under an approved e-permit system.

(7) A parking permit is subject to the following conditions:

(a) if the permit is a parking permit issued in written form—the permit must be displayed in or on the vehicle to which the permit applies when the vehicle is parked on University land; or

(b) if the permit is a parking permit issued in electronic form—each numberplate of the vehicle (or a vehicle) to which the permit applies must, at all times, be clearly readable when the vehicle is parked on University land.

[Note: For the condition mentioned in paragraph (a), see section 11 (Meaning of conditions about display of parking permits).]

(8) A parking permit issued to a person is also subject to the limitations and conditions:

(a) stated in the permit; or

(b) agreed to by the person; or

(c) notified in writing to the person by the designated authority; or

(d) prescribed by the designated authority by notifiable instrument.

Examples of limitations: A parking permit may authorise parking only on particular days, at particular times or on particular University land.

(9) A parking permit:

(a) must state when it expires or the period for which it applies; and

(b) may include anything else the designated authority considers appropriate.

(10) For this section, the designated authority may, in writing, approve a person or other entity as a University-related entity if the entity uses University land, or premises on University land, in the conduct of its affairs or operations.

(11) For this section, an eligible person is any of the following:

(a) a member of staff of the University;

(b) a student of the University;

(c) a person who frequently visits the University on University business;

(d) a resident in University House, Graduate House, a hall of residence, an affiliated college, or any other accommodation approved, in writing, by the designated authority for this paragraph;

(e) a person ordinarily present on University land in the course of the person’s employment;

(f) anyone else if the designated authority considers that the issue of a parking permit to the person is justified.

(12) In this section

area: see the Road Rules Regulation, dictionary.

eligible person: see subsection (11).

length, of road: see the Road Rules Regulation, dictionary.

permit zone sign means a permit zone sign under the Road Rules Regulation.

road includes a road related area.

[Note: See the Safety and Traffic Management Regulation, section 7 (Meaning of road).]

University-related entity means a person or other entity that is approved as a University-related entity under subsection (10).

University-related vehicle means:

(a) a vehicle registered in the name of, or owned by, a University-related entity; or

(b) a vehicle used in an official capacity in the conduct of the affairs or operations of a University-related entity.

University vehicle means:

(a) a vehicle registered in the name of, or owned by, the University; or

(b) a vehicle used in an official capacity in the conduct of the affairs or operations of the University.

11 Meaning of conditions about display of parking permits

(1) If it is a condition of a parking permit that the permit must be displayed in or on the vehicle (or a vehicle) to which the permit applies when it is parked on University land, it is a condition of the permit that the driver of the vehicle ensures that the permit is correctly displayed in or on the vehicle when the vehicle is parked on University land as authorised by the permit.

(2) In this section:

correctly displayed—a parking permit is correctly displayed in or on a vehicle if the permit is displayed:

(a) in or on the front left-hand side of the vehicle or, if the permit or a condition of the permit states that the permit must be displayed in or on a particular part of the vehicle, in or on that part of the vehicle; and

(b) in a way that the details of the permit on the front of the permit are clearly visible from outside the vehicle.

front, of a parking permit—to remove any doubt, the front of a parking permit is the side of the permit that states when it expires or the period for which it applies.

12 Replacement of lost etc. parking permits

(1) On application by the holder of a current parking permit issued in written form, the designated authority may issue a replacement parking permit if satisfied that the current permit has been lost, stolen, destroyed or damaged.

(2) If the parking permit has been damaged, the permit must be returned with the application.

13 Surrender of parking permits

The holder of a current parking permit may surrender the permit by written notice given to the designated authority.

14 Cancellation of parking permits

(1) The designated authority may cancel a parking permit issued to a person if:

(a) the person is given at least 4 infringement notices in a calendar year that are not withdrawn or successfully disputed; or

(b) the person is no longer eligible to be issued with the permit; or

(c) the person contravenes a condition of the permit; or

(d) the person otherwise contravenes this instrument in relation to the permit; or

(e) the designated authority considers that the cancellation of the permit is justified for another reason.

(2) If the designated authority proposes to cancel a parking permit issued to a person, the authority must give the person a written notice:

(a) stating that the authority proposes to cancel the permit; and

(b) giving a brief explanation for the proposed cancellation; and

(c) stating that the person may, within 10 working days after the day the person is given the notice, give a written response to the authority about the notice.

(3) In deciding whether to cancel the parking permit, the designated authority must consider any written response given to the authority by the person in accordance with the notice.

(4) The designated authority must give the person written notice of the authority’s decision.

(5) The notice must include, or be accompanied by, a statement of reasons for the decision.

(6) If the designated authority decides to cancel the permit, the cancellation takes effect at the end of the day when written notice of the decision is given to the person or, if the notice states a different day of effect, at the end of that day.

[Note: The permit holder must return the parking permit to the designated authority: see the Safety and Traffic Management Regulation, section 67 as it applies under this instrument (see especially the modification in Schedule 3).]

15 Approval of e-permit systems

(1) The designated authority may, by notifiable instrument, approve an e-permit system (an approved e-permit system) for parking permits.

(2) An e-permit system may be approved for all or stated parking permits.

(3) The designated authority must not approve an e-permit system unless satisfied that the system is capable of:

(a) allowing users of the system to select a vehicle as the ‘active vehicle’; and

(b) giving the authority up-to-date information about the vehicles that have been selected as ‘active vehicles’; and

(c) keeping a record of each selection.

(4) In this section:

e-permit system means a system that allows users of the system to access the system using an electronic device.

Part 4—Fees

16 Determination of fees

(1) The designated authority may, in writing, determine the fees that are payable to the University for the purposes of this instrument.

(2) Without limiting subsection (1), a fee may be determined in relation to:

(a) the provision of a service or facility under or in relation to this instrument; or

(b) the grant, issue, renewal, revocation, surrender or variation of, or the doing of anything else in relation to, an approval, authority, certificate, exemption, permission, permit or anything else under or in relation to this instrument.

Examples of determined fees: parking fees and fees for parking permits

(3) Without limiting subsection (1), a determination under this section may make provision about the following in relation to a fee:

(a) how the amount of the fee is to be calculated;

(b) the circumstances in which the fee is payable;

(c) exempting a person from payment of the fee;

(d) when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments);

(e) waiving, postponing or refunding the fee (completely or partly);

(f) when the fee is taken to have been paid (or not paid), including, for example, if it is paid by cheque, credit or debit card, or payment transfer.

(4) A determination under this section has effect despite anything in any ACT law, including an ACT law applied by this instrument.

(5) The designated authority must ensure that a determination in force under this section is publicly available on the University’s website or any other way that the designated authority considers appropriate.

17 Approval of e-payment methods

(1) The designated authority may, by notifiable instrument, approve an e-payment method (an approved e-payment method) as a method for paying ticket parking fees.

(2) The designated authority must not approve an e-payment method unless satisfied that the method is capable of:

(a) giving the designated authority up-to-date information about ticket parking fees paid; and

(b) keeping a record of each transaction; and

(c) giving a person using the method an electronic receipt for the transaction.

(3) In this section:

e-payment method means a method for payment using an electronic device.

ticket parking area: see the Safety and Traffic Management Regulation, dictionary.

ticket parking fee means a fee payable by the driver of a vehicle for the use of a ticket parking space in a ticket parking area.

Part 5—Arrangements with the ACT

18 Administrative arrangements with ACT

(1) The designated authority may, on behalf of the University, enter into arrangements with the ACT in relation to the following:

(a) the administration of this instrument, including all or any provisions of the applied ACT parking and traffic legislation in relation to its application to University land under this instrument;

(b) the administration of the ACT road transport legislation in its application in relation to University land.

(2) Without limiting subsection (1), an arrangement may provide for:

(a) the exercise of functions by the ACT (or its authorities, officers, employees or contractors) on behalf of the University (or its authorities, officers, employees or contractors); or

(b) the exercise of functions by the University (or its authorities, officers, employees or contractors) on behalf of the ACT (or its authorities, officers, employees or contractors).

(3) In this section:

administration: to remove any doubt, administration includes enforcement.

19 Installation of prescribed traffic control devices on University land etc.

(1) To remove any doubt and without limiting section 18 (Administrative arrangements with ACT), this instrument does not prevent:

(a) the ACT road transport authority from installing or displaying a prescribed traffic control device on or above University land under arrangements with the University, or from changing or removing, under arrangements with the University, a prescribed traffic device installed or displayed on or above University land by the ACT road transport authority; or

(b) the ACT road transport authority or an ACT authorised person from taking action to enforce the ACT road transport legislation in relation to a prescribed traffic control device installed or displayed on or above University land by the ACT road transport authority under arrangements with the University; or

(c) the University or a University authorised person from taking action to enforce this instrument in relation to a prescribed traffic control device installed or displayed on or above University land by the ACT road transport authority under arrangements with the University; or

(d) an ACT authorised person from exercising any function that the ACT authorised person has under this instrument.

[Note 1: The following terms are defined in the dictionary to the Safety and Traffic Management Act and the definitions apply in relation to the use of the terms in this section (see section 7 (Application of certain definitions in ACT legislation)):

installation, of a prescribed traffic control device
prescribed traffic control device.

The Safety and Traffic Management Regulation, section 11 (Prescribed traffic control devices—Act, dict, def prescribed traffic control device) prescribes the things that are prescribed traffic control devices. These include ‘traffic control devices’ and ‘traffic-related items’ that have effect for certain provisions of the Road Rules Regulation. These terms are defined in the Road Rules Regulation, dictionary. They include things such as traffic signs, road markings and traffic signals.]

[Note 2: The functions of an ACT authorised person under the provisions of the applied ACT parking and traffic legislation mentioned in Schedule 2 (General modifications), section 4(4) (Authorised persons: general) are examples of the functions to which paragraph (d) applies.]

(2) In this section:

ACT authorised person includes, in relation to an infringement notice or reminder notice for an infringement notice offence, a person who is an authorised person for the service of the notice under the General Act, Part 3 (Infringement notices for certain offences).

University authorised person includes, in relation to an infringement notice or reminder notice for an infringement notice offence, a person who is appointed under the General Act, section 53A(1) (Authorised people for infringement notice offences), as applied by this instrument, to serve infringement notices or reminder notices, as the case may be, for the offence or infringement notice offences.

Part 6—Miscellaneous

20 Traffic sign diagrams

(1) The designated authority may, by notifiable instrument, declare that a specified diagram of a traffic sign is taken, for this instrument, to be included in the Road Rules Regulation, Schedule 3 (Other permitted traffic signs).

(2) If the designated authority makes a declaration under subsection (1) in relation to a diagram of a traffic sign, the diagram represents a permitted version of the sign for this instrument.

(3) This section has effect despite anything in any ACT law, including an ACT law applied by this instrument.

(4) In this section:

traffic sign: see the Road Rules Regulation, dictionary.

21 Words on or with certain traffic signs

(1) The designated authority may, by notifiable instrument, declare that a permissive parking sign with a specified word or specified words on or with the sign is taken, for this instrument, to be a ticket parking sign.

(2) To remove any doubt, subsection (1) does not prevent a permissive parking sign with another word or other words on or with the sign from being a ticket parking sign for this instrument.

(3) This section has effect despite anything in any ACT law, including an ACT law applied by this instrument.

(4) In this section:

permissive parking sign means a permissive parking sign under the Road Rules Regulation.

22 Appointment of authorised persons

(1) The designated authority may, in writing, appoint a person to be an authorised person for this instrument or stated provisions of this instrument.

(2) A person must not be appointed under subsection (1) unless:

(a) the person is an Australian citizen or a permanent resident of Australia; and

(b) the designated authority is satisfied that the person is a suitable person to be appointed, having regard in particular to:

(i) whether the person has any criminal convictions; and

(ii) the person’s employment record; and

(c) the person has satisfactorily completed adequate training to exercise the functions of an authorised person that are proposed to be given to the person.

23 Approved forms

(1) The designated authority may, in writing, approve forms for or in connection with this instrument.

(2) If the designated authority approves a form to be used for a particular purpose for or in connection with this instrument, the form must be used for that purpose.

(3) Subsection (2) has effect despite anything in any ACT law, including an ACT law applied by this instrument.

(4) Without limiting subsection (3), if the designated authority approves a form (the ANU form) for a particular purpose and there is a form approved, or a form is approved, under an ACT law (the ACT form) for that purpose, the ANU form (and not the ACT form) must be used for that purpose for this instrument.

(5) Substantial compliance with an approved form in sufficient.

(6) However, an approved form is properly completed only if each mandatory requirement applying to the form is complied with.

(7) For subsection (6), a mandatory requirement is any requirement that the form states is a mandatory requirement.

(8) Without limiting subsection (7), an approved form may state that any of the following requirements is a mandatory requirement:

(a) that the form be signed or witnessed, or signed and witnessed in a particular way;

(b) that the form, or information or a document given with or attached to the form, be in a particular format (for example, in writing or a particular electronic format);

(c) that particular information be included in the form, or a particular document be given with or attached to the form;

(d) that the form, information in the form, or a document given with or attached to the form, be verified in a particular way (for example, by statutory declaration).

(9) The designated authority must ensure that approved forms are publicly available on the University’s website or any other way that the designated authority considers appropriate.

24 Service of notices etc.

(1) This section applies to a notice or other document that is required or permitted to be served on an individual under this instrument (whether the word ‘give’, ‘notify’, ‘send’, ‘tell’ or another word is used).

(2) The document may be served on an individual:

(a) by giving it to the individual; or

(b) by sending it by prepaid post, addressed to the individual, to an address shown in the University’s records as an address of the individual (including, for example, any semester, work or permanent home address); or

(c) by emailing it to:

(i) if the individual has an email address provided by the University—that email address; or

(ii) in any case—an email address shown in the University’s records as an email address of the individual (including, for example, any personal or work email address).

(3) A document served by post on an individual under subsection (2)(b) is taken to have been served on the day it would have been delivered in the ordinary course of post.

(4) A document served by email on an individual under subsection (2)(c) is taken to have been served on the day it would been received in the ordinary course of email transmission.

(5) This section does not affect the operation of any other University legislation or any other law (including an ACT law applied by this instrument) that authorises or requires service of a document otherwise than as provided under this section.

[Note: This section does not apply, for example, to the service of infringement notices. The General Act, section 24(3) (Infringement notices), as applied by this instrument, provides that an infringement notice must be served in the way prescribed by regulation (under that Act). The Offences Regulation, section 12 (Infringement notices—service if offender known—Act, s 24 (2)) and section 12A (Infringement notices—service if offender unknown—Act, s 24 (2)) prescribe how an infringement notice may be served.]

25 Delegation and subdelegation of designated authority’s functions

(1) In this section:

eligible entity means any of the following:

(a) an officer or member of staff of the University;

(b) a body or other entity of the University;

(c) if authorised under arrangements with the ACT—an authority, officer, employee or contractor of the ACT.

(2) The designated authority may, in writing, delegate any or all of the authority’s functions under this instrument to an eligible entity.

(3) If, under subsection (2), the designated authority delegates a function to an eligible entity:

(a) the eligible entity may, in writing, subdelegate the function to another eligible entity; and

(b) the function may, in writing, be further subdelegated to a different eligible entity (or successively further subdelegated to different eligible entities);

if the delegation states that the function is a function that may be subdelegated and any conditions, limitations or directions stated in the delegation for the subdelegation or further subdelegation of the function are complied with.

(4) In exercising functions under a delegation or subdelegation, the delegate or subdelegate must comply with any directions of the designated authority and, for a subdelegation, the subdelegator of the function.

(5) The following sections of the Acts Interpretation Act 1901 (Cwlth) apply, with all necessary changes, in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation:

(a) section 34AA (Delegation to persons holding, occupying or performing the duties of an office or position);

(b) section 34AB (Effect of delegation);

(c) section 34A (Exercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates).

26 Repeal

The Australian National University (Parking and Traffic) Statute 2017 is repealed.

27 Transitional

(1) This instrument (other than subsections (2) and (3)) does not apply to an act or omission that happened before the commencement of this instrument.

(2) Despite the repeal of the Australian National University (Parking and Traffic) Statute 2017, that statute continues to apply to an act or omission that happened before the commencement of this instrument if that statute applied to the act or omission immediately before that commencement.

(3) Subsection (2) is additional to, and does not limit:

(a) the Australian National University (Interpretation) Statute 2017, section 9 (Amendment of statutes); or

(b) the Acts Interpretation Act 1901 (Cwlth), section 7 (Effect of repeal or amendment of Act).

Schedule 1—Applied ACT parking and traffic legislation

[Note: See section 8.]

1 Applied ACT parking and traffic legislation

The ACT laws mentioned in the following table are included in the applied ACT parking and traffic legislation for this instrument.

Applied ACT parking and traffic legislation
Item ACT laws
1 The following provisions of the General Act:(a) the following provisions of Part 2 (Administration of road transport legislation):(i) Division 2.1 (Road transport legislation);(ii) Division 2.2 (Relationship between road transport legislation and other laws);(iii) Division 2.3 (Responsible persons for vehicles under road transport legislation);(iv) section 12 (Power to include or exclude areas in road transport legislation);(v) section 13 (Power to exclude vehicles, persons or animals from road transport legislation);(vi) section 20 (Identity cards);(vii) section 21 (Power not to be exercised before identity card shown);(b) the following provisions of Part 3 (Infringement notices for certain offences):(i) Division 3.1 (Preliminary);(ii) Division 3.2 (Infringement and reminder notices);(iii) Division 3.2B (Waiver of infringement notice penalties);(iv) Division 3.3 (Infringement notice offences involving registrable and rail vehicles);(v) Division 3.3AA (Withdrawal of infringement notices);(vi) Division 3.3AB (Effect of penalty payment etc);(vii) Division 3.5 (Disputing liability);(viii) Division 3.6 (Miscellaneous);(c) the following provisions of Part 4 (Enforcement of road transport legislation):(i) section 58 (Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider);(ii) section 60 (Police officer or authorised person may require people to disclose identity of driver);(iii) section 64 (Court may order disqualification for other offences);(iv) section 66 (Effect of disqualification);(v) section 70 (Additional powers of court);(vi) Division 4.3 (Evidentiary provisions in relation to road transport legislation);(vii) Division 4.4 (Proceedings for offences under road transport legislation);(d) the following provisions of Part 11 (Miscellaneous):(i) section 231 (Person not to hinder or obstruct);(ii) section 232 (False or misleading statements);(e) dictionary.
2 The following provisions of the General Regulation:(a) the following provisions of Part 2 (Administration of road transport legislation):(i) section 5 (Responsible people for vehicle);(ii) section 9B (When posted notice is taken to be given);(b) section 10 (Certificate evidence—Act, s 72 (4));(c) dictionary.
3 The following provisions of the Offences Regulation:(a) Part 2 (Infringement notices);(b) Part 3 (Enforcement of road transport legislation);(c) Schedule 1 (Short descriptions, penalties and demerit points);(d) dictionary.
4 The following provisions of the Safety and Traffic Management Act:(a) Part 5 (Traffic control devices);(b) Part 7 (Traffic management);(c) dictionary.
5 The following provisions of the Safety and Traffic Management Regulation:(a) the following provisions of Part 1 (Preliminary):(i) section 6 (Offences against regulation—defence);(ii) section 7 (Meaning of road);(b) Part 4 (Traffic control devices);(c) Part 6 (Traffic management);(d) the following provisions of Part 7 (Parking):(i) Division 7.2 (Ticket parking schemes);(ii) section 66 (Parking permits and mobility parking scheme authorities—return when cancelled);(iii) Division 7.5 (Other parking provisions);(e) Part 10 (Transitional);(f) dictionary.
6 The following provisions of the Road Rules Regulation:(a) the following provision of Part 1 (Preliminary):(i) section 8 (Offences against regulation—strict liability);(ii) section 9 (Offences against regulation—defence);(iii) section 10 (Objects of regulation);(b) Part 2 (Application of this regulation);(c) the following provisions of Part 8 (Traffic signs and road markings):(i) Division 8.1 (Traffic signs and road markings at intersections and other places);(ii) Division 8.2 (Traffic signs and road markings generally);(d) Division 11.8 (Motor vehicles passing bicycle riders);(e) Part 12 (Restrictions on stopping and parking);(f) Part 14 (Rules for pedestrians);(g) Part 15 (Additional rules for bicycle riders);(h) Part 16 (Rules for people travelling in or on vehicles);(i) the following provisions of Part 18 (Miscellaneous road rules):(i) section 288 (Driving on path);(ii) section 289 (Driving on nature strip);(iii) section 290 (Driving on traffic island);(iv) section 291 (Making unnecessary noise or smoke);(v) section 291A (Making unnecessary engine noise);(vi) section 293 (Removing fallen etc things from the road);(vii) section 298 (Driving with person in trailer);(viii) section 300A (Interrupting funeral procession etc);(ix) section 300B (Driving on road closed to traffic);(x) section 303A (Emission of waste oil or grease);(xi) 303B (Safety of person on trailer);(xii) section 304 (Directions by police officer or authorised person);(j) Part 19 (Exemptions);(k) Part 20 (Traffic control devices and traffic-related items);(l) Part 21 (General);(m) Schedule 1 (Abbreviations and symbols);(n) Schedule 2 (Standard or commonly used traffic signs);(o) Schedule 3 (Other permitted traffic signs);(p) Schedule 4 (Symbols and other traffic-related items);(q) dictionary.
7 All of the provisions of the following:(a) the Extension of Time Guidelines;(b) the Waiver of Infringement Notice Penalties Guidelines;(c) the Withdrawal of Infringement Notices Guidelines.

Schedule 2—General modifications

[Note: See section 9.]

1 Administering authority

A reference to the administering authority for an infringement notice offence (however described) is a reference to the designated authority.

2 Approved e-payment method

A reference to an approved e-payment method is a reference to an approved e-payment method under section 17 (Approval of e-payment methods) of this instrument.

3 Approved forms

A reference to an approved form is a reference to a form approved under section 23 (Approved forms) of this instrument.

4 Authorised persons: general

(1) This section applies to a reference to an authorised person, other than in relation to an infringement notice or reminder notice for an infringement notice offence.

[Note: Section 5 of this Schedule applies to a reference to an authorised person in relation to an infringement notice or reminder notice for an infringement notice offence.]

(2) A reference to an authorised person, other than in an inclusive provision, is a reference to a University authorised person.

(3) A reference to an authorised person in an inclusive provision includes a reference to a University authorised person.

(4) In this section:

inclusive provision means:

(a) any of the following provisions of the Safety and Traffic Management Act:

(i) section 20 (Removal of unauthorised devices);

(ii) section 31 (Removal of dangers and obstructions to traffic);

(iii) section 32 (Removal of unattended vehicles from certain places);

(b) either of the following provisions of the Road Rules Regulation:

(i) section 304 (Direction by police officer or authorised person);

(ii) section 346A (Preventing prescribed traffic control device being clearly visible).

5 Authorised persons: infringement notices and reminder notices

A reference to an authorised person (however described), in relation to an infringement notice or reminder notice for an infringement notice offence, is a reference to any University authorised person or to another person appointed under the General Act, section 53A(1) (Authorised people for infringement notice offences), as applied by this instrument, to serve infringement notices or reminder notices, as the case may be, for the offence or infringement notice offences.

6 Minister

A reference to the Minister is a reference to the designated authority.

7 Notifiable instruments

A reference to a notifiable instrument is a reference to a notifiable instrument under the Commonwealth Legislation Act.

[Note: An instrument made under this instrument (including under the applied ACT parking and traffic legislation in its application in relation to University land under this instrument) that is a notifiable instrument must be registered under the Commonwealth Legislation Act and not the ACT Legislation Act.]

8 Offence references

A reference to an offence against a territory law, or to an offence against the road transport legislation, includes a reference to an offence against this instrument, including the applied ACT parking and traffic legislation in its application in relation to University land under this instrument.

9 Parking permits

A reference to a parking permit is a reference to a parking permit issued under section 10(1) (Issue of parking permits etc.) of this instrument.

10 Penalty levels

(1) The maximum fine that can be imposed on a person for an offence against this instrument (including the applied ACT parking and traffic legislation in its application in relation to University land under this instrument) is 10 penalty units.

(2) Subsection (1) has effect despite anything else in this instrument.

(3) In this section, to remove any doubt, penalty unit has the meaning given by the ACT Legislation Act, section 133.

11 Road transport authority

(1) A reference to the road transport authority, other than in an excepted provision, is a reference to the designated authority.

(2) A reference to the road transport authority in an inclusive provision includes a reference to the designated authority.

(3) In this section:

excepted provision means:

(a) either of the following provisions of the General Act:

(i) section 66(4) or (5) (Effect of disqualification);

(ii) section 72 (Certificate evidence and other evidentiary provisions); or

(b) the General Regulation, section 9B(1)(b)(ii) (When posted notice taken to be given); or

(c) the Safety and Traffic Management Act, section 18 (Authority to install etc prescribed traffic control devices); or

(d) the Road Rules Regulation, section 309A (Exemption from requirement about riding on motorbike); or

(e) the Safety and Traffic Management Regulation, section 73 (Approvals etc by road transport authority).

inclusive provision means:

(a) the General Act, section 72 (Certificate evidence and other evidentiary provisions); or

(b) the Safety and Traffic Management Act, section 18 (Authority to install etc prescribed traffic control devices); or

(c) the Withdrawal of Infringement Notices Guidelines.

[Note Specific modifications also apply under Schedule 3 to provisions mentioned in these definitions.]

12 Road transport legislation and applied ACT laws

(1) A reference to the road transport legislation, other than in an excepted provision, is a reference to this instrument, including the applied ACT parking and traffic legislation in its application in relation to University land under this instrument.

(2) A reference to an ACT law applied by this instrument in relation to University land is a reference to the ACT law in its application in relation to University land under this instrument.

(3) In this section:

excepted provision means:

(a) either of the following provisions of the General Act:

(i) section 20(1) (Identity cards);

(ii) section 72(1)(h) (Certificate evidence and other evidentiary provisions); or

(b) either of the following provisions of the Offences Regulation:

(i) section 12 (Infringement notices—service if offender known—Act, s 24 (2));

(ii) section 14A(1)(c) and (d) (Infringement notices—contents—Act, s 25).

[Note Specific modifications also apply under Schedule 3 to provisions mentioned in this definition.]

13 Working day

A reference to working day is a reference to a working day as defined by section 5 (Definitions).

Schedule 3—Specific modifications

[Note: See section 9.]

1 General Act modifications

(1) The General Act is modified in accordance with this section.

(2) The reference in section 12(1) (Power to include or exclude areas in road transport legislation) to the application of the road transport legislation, or a provision of the road transport legislation, to an area that is open to or used by the public includes a reference to the application of the road transport legislation, or provision, to an area of University land, whether or not the area is open to or used by the public, and whether or not the area is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles, as if the area were a road or road related area or a road or road related area of a stated kind.

(3) The reference in section 12(3) to a disallowable instrument is a reference to a notifiable instrument.

(4) The note to section 12 is omitted.

(5) The reference in section 13(3) (Power to exclude vehicles, persons or animals from road transport legislation) to a disallowable instrument is a reference to a notifiable instrument.

(6) The note to section 13 is omitted.

(7) The reference in section 20(1) (Identity cards) to an authorised person for the road transport legislation, or stated provisions of the road transport legislation, is a reference to an authorised person for the University.

(8) The reference in section 20(1)(a) to a recent photograph is a reference to a photograph that is not more than 1 year old.

(9) The following provisions are omitted:

(a) section 26(2)(b)(i) and (ii) (Infringement notice—payment of penalty etc);

(b) section 28(2)(b)(i) and (ii) (Action on service of reminder notice—payment of penalty etc);

(c) section 30(1) and (3) (Extension of time—guidelines);

(d) section 31G(3)(d) and (4) (Application for waiver of penalty—decision);

(e) section 31I (1) and (3) (Guidelines for waiver of penalty).

(10) The note to section 35(2) (Application for withdrawal—decision) is modified to read as follows:

Note Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

(11) The following provisions are omitted:

(a) section 36A (Infringement notice—effect of withdrawal on infringement notice plan);

(b) section 38(1) and (3) (Infringement notice—guidelines for withdrawal);

(c) section 39(1)(a)(ii)(B), (b)(ii)(B) and (c)(ii)(B) (Infringement notice—effect of penalty payment etc).

(12) The reference in the note to section 53AA (Presumption against responsible person) to the Criminal Code, s 59 (c) is a reference to the Commonwealth Criminal Code, section 13.4(c).

(13) The following provisions are omitted:

(a) section 53(3)(a)(ii) and (iii) (Procedure if liability disputed);

(b) section 53A(2) (Authorised people for infringement notice offences);

(c) section 53A(3), definition of authorised person, paragraphs (a) and (b)(i)(C) and (ii)(C).

(14) Section 54 (Delegation of administering authority’s functions) is omitted.

(15) The note to section 55 is modified to read as follows:

Note Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

(16) Section 56(3)(d) to (i) (Evidentiary certificates) is omitted.

(17) The note to section 58(2) (Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider) is modified to read as follows:

Note Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

(18) The reference in the note to section 58(4) to the Criminal Code, s 59 is a reference to the Commonwealth Criminal Code, section 13.4.

(19) The reference in section 72(1)(h) (Certificate evidence and other evidentiary provisions) to any other record kept by the authority under the road transport legislation includes a reference to any record of the University.

2 General Regulation modifications

(1) The General Regulation is modified in accordance with this section.

(2) The reference in section 9B(1)(b)(ii) (When posted notice taken to be given) to an address for service recorded for a person in a road transport authority record or register includes a reference to any address recorded for the person in the University’s records.

(3) The definition of parking permit in the dictionary is omitted.

3 Offences Regulation modifications

(1) The Offences Regulation is modified in accordance with this section.

(2) The following provisions are omitted:

(a) section 4E, definition of discharge action, paragraphs (a) and (b) (Meaning of discharge action—pt 2);

(b) section 8 (Administering authority—Act, dict, def administering authority).

(3) The reference in section 12(2)(b)(i)(B) (Infringement notices—service if offender known—Act, s 24 (2)) to an address for service for a person in a record or register kept under the road transport legislation, the Heavy Vehicle National Law (ACT) or a corresponding law includes a reference to any address recorded for the person in the University’s records.

(4) Section 12(2)(b)(ii)(B) is modified by inserting ‘or the offender has an email address provided by the University and the notice is sent to that address’ after ‘electronic means’.

(5) The reference in section 12A(2)(b)(i)(B) (Infringement notices—service if offender unknown—Act, s 24 (2)) to an address for service for a person in a record or register kept under the road transport legislation, the Heavy Vehicle National Law (ACT) or a corresponding law includes a reference to any address recorded for the person in the University’s records.

(6) Section 12A(2)(b)(ii)(B) is modified by inserting ‘or the responsible person has an email address provided by the University and the notice is sent to that address’ after ‘electronic means’.

(7) The reference in section 14A(1)(c) (Infringement notices—contents—Act, s 25)) to a home address or address for service recorded for an individual in a record or register kept under the road transport legislation or a corresponding law includes a reference to any address recorded for the individual in the University’s records.

(8) The reference in section 14A(1)(d) to a corporation’s identifying details under a record or register kept under the road transport legislation or a corresponding law includes a reference to the identifying details recorded for the corporation in the University’s records.

(9) The following provisions are omitted:

(a) section 14A(2)(a)(ii)(A), (f)(i), (h), (j)(i), (k)(ii)(A) and (l)(i) and (ii);

(b) section 14B(1)(m)(ii)(A), (p)(i) and (r)(ii), and (2)(b)(i), (c)(ii)(A) and (d)(i) and (ii) (Reminder notices—contents—Act, s 27 (3));

(c) section 14EA (Application for infringement notice management plan or addition to plan—contents—Act, s 31A (4) (b));

(d) section 14EB (Minimum amount—Act, s 31B (7) (b)).

(10) The notes to sections 14F to 14I (which are about infringement notice declarations) are modified to read as follows:

Note Giving false or misleading information, or producing a false or misleading document, may be a criminal offence against the Commonwealth Criminal Code.

(11) The following provisions are omitted:

(a) section 14J (Contents of suspension warning notice—Act, s 42 (2) (a) (iii));

(b) section 14K (Contents of suspension confirmation notice—Act, s 42 (4) (d));

(c) section 14L (Content of suspension notice—Act, s 44 (3) (c));

(d) section 15 (Delegation of administering authority’s functions—Act, s 54 (1)(b)).

4 Safety and Traffic Management Act modifications

(1) The Safety and Traffic Management Act is modified in accordance with this section.

(2) The reference in section 20(4)(b) (Removal of unauthorised devices) to the Territory is, in relation to a device removed by the designated authority or a University authorised person, a reference to the University.

(3) A reference in section 21 (Devices generally presumed to be lawfully installed or displayed) or section 22 (Notice of intention to challenge certain issues) to an offence against this Act is a reference to an offence against this instrument, including the applied ACT parking and traffic legislation in its application in relation to University land under this instrument.

(4) A reference in section 30 (Road or road related area may be closed temporarily to traffic) to a police officer includes a reference to a University authorised person.

(5) The reference in section 31(2) (Removal of dangers and obstructions to traffic) to the Territory is, in relation to action taken by a University authorised person, a reference to the University.

(6) A reference in section 32 (Removal of unattended vehicles from certain places) to a road or road related area includes a reference to any other area of University land that is not a road or road related area, whether or not the area is open to or used by the public, and whether or not the area is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles.

5 Safety and Traffic Management Regulation modifications

(1) The Safety and Traffic Management Regulation is modified in accordance with this section

(2) The reference in section 6 (Offences against regulation—defence) to an offence against this regulation is a reference to an offence against a provision of the Safety and Traffic Management Regulation that is a provision of the applied ACT parking and traffic legislation as that provision applies in relation to University land under this instrument.

(3) The reference in the note to section 6 to the Criminal Code, s 59 is a reference to the Commonwealth Criminal Code, section 13.4.

(4) The reference in section 33(3) (Parking authorities) to a disallowable instrument is a reference to a notifiable instrument.

(5) The note to section 33(3) is omitted.

(6) The reference in section 34(2) (Parking authority guidelines) to a disallowable instrument is a reference to a notifiable instrument.

(7) The note to section 34(2) is omitted.

(8) Section 35 (Ticket parking schemes—road transport authority) is modified by adding the following subsections at the end:

(3) To remove any doubt, nothing in this regulation or the Road Rules Regulation prevents a ticket parking scheme from being established or operated (whether under this section or otherwise) for any length of road or area that is, in whole or part, a permit zone under the Road Rules Regulation or prevents a permit zone under the Road Rules Regulation being established or operated for any length of road or area that is, in whole or part, a ticket parking area under this regulation.

(4) Also, to remove any doubt, nothing in this regulation prevents the designated authority (or a parking authority) from deciding that fees payable for parking under a ticket parking scheme may only be paid by an approved e-payment method.

(9) Section 36 (Approval of e-payment method) is omitted.

(10) The reference in section 40 (Ticket machines) to this division is a reference to this instrument.

(11) Each reference in section 41(1) (Parking tickets) to a RTA periodic ticket is omitted and all necessary consequential changes are taken to be made in the subsection.

(12) Section 41(3) is omitted.

(13) The reference in section 45 (Additional police powers—removing cars from ticket parking areas) to a police officer includes a reference to a University authorised person.

(14) Section 67(1) (Parking permits and mobility parking scheme authorities—return when cancelled) is modified to read as follows:

(1) If a parking permit is cancelled under section 14 (Cancellation of parking permits) of the Australian National University (Parking and Traffic) Statute 2019, the person to whom the permit was issued must return the permit to the designated authority as soon as practicable but no later than 15 working days after the date of effect of the cancellation of the permit.

Maximum penalty: 20 penalty units.

(15) Section 68 (Marking tyres by parking inspectors—Act, s 43) is modified to read as follows:

68 Marking tyres by University authorised person etc.

A police officer or University authorised person may mark the tyres on any vehicle using crayon, chalk or a similar substance, or remove and replace a cover placed over all or part of a vehicle, as far as reasonably necessary for the purpose of enforcing a provision of the applied ACT parking and traffic legislation as that provision applies in relation to University land under the Australian National University (Parking and Traffic) Statute 2019.

(16) The definitions of approved e-payment method and parking permit in the dictionary are omitted.

6 Road Rules Regulation modifications

(1) The Road Rules Regulation is modified in accordance with this section.

(2) A reference in section 8 (Offences against regulation—strict liability) or section 9 (Offences against regulation—defence) to an offence against this regulation is a reference to an offence against a provision of the Road Rules Regulation that is a provision of the applied ACT parking and traffic legislation as that provision applies in relation to University land under this instrument.

(3) The reference in section 179(1)(c) (Stopping in loading zone) to a motor vehicle that is built mainly for the transport of goods is a reference to any motor vehicle.

(4) Section 185(1) (Stopping in permit zone) is modified to read as follows:

185 Stopping in permit zone

(1) A driver must not stop in a permit zone unless a current permit issued under the Australian National University (Parking and Traffic) Statute 2019 permits the driver’s vehicle to stop in the zone.

Maximum penalty: 20 penalty units.

(2) To remove any doubt, this section does not apply to the driver if the driver stops in a ticket parking space, or on a length of road in a ticket parking area, in the permit zone.

(3) In this rule:

permit zone means a length of road or area to which a permit zone sign applies.

(5) A reference in section 197(1) (Stopping on path, dividing strip, nature strip, painted island or traffic island) to a nature strip adjacent to a length of road in a built-up area (however described) includes a reference to any other area of University land that is not a road, whether or not the area is open to or used by the public and whether or not the area is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles.

(6) Each reference in section 213K(1) (Ticket parking—display of tickets) to an RTA multi-stay ticket parking area is omitted and all necessary consequential changes are taken to be made in the subsection.

(7) The reference in section 213N(1)(c)(ii) (Ticket parking—exceptions to s 213K and s 213M) to a mobility parking scheme authority includes a reference to a disability permit.

(8) Section 213N(1)(d)(ii) is modified to read as follows:

(ii) a current parking permit of that kind is in force for the vehicle; and

(9) A reference in section 213T (Unauthorised use of parking permit and mobility parking scheme authority) to a mobility parking scheme authority includes a reference to a disability permit.

(10) A reference in section 213T to the conditions of a parking permit or mobility parking scheme authority includes a reference to any limitations of the permit or authority.

(11) A reference in section 289(1) (Driving on nature strip) to a nature strip adjacent to a length of road in a built-up area (however described) includes a reference to any other area of University land that is not a road, whether or not the area is open to or used by the public and whether or not the area is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles.

(12) The definitions of approved e-payment method and parking permit in the dictionary are omitted.

(13) The definition of parking permit for people with disabilities in the dictionary is taken to include a disability permit.

7 Extension of Time Guidelines modifications

(1) The Extension of Time Guidelines are modified in accordance with this section.

(2) The definition of Administering authority in section 4 is omitted.

(3) Provisions about, or as far as they relate to, infringement notice management plans are taken to be omitted.

8 Waiver of Infringement Notice Penalties Guidelines modifications

(1) The Waiver of Infringement Notice Penalties Guidelines are modified in accordance with this section.

(2) The definition of Administering authority in section 4 is omitted.

(3) Provisions about, or as far as they relate to, the following matters are taken to be omitted:

(a) infringement notice management plans (including approved community work and social development programs);

(b) internal review;

(c) the ACT Civil and Administrative Tribunal (ACAT).

9 Withdrawal of Infringement Notices Guidelines modifications

(1) The Withdrawal of Infringement Notices Guidelines are modified in accordance with this section.

(2) The definitions of Administering authority and Infringement notice management plan in section 4 are omitted.

(4) Provisions about, or as far as they relate to, the following matters are taken to be omitted:

(a) infringement notice management plans (including approved community work and social development programs);

(b) internal review;

(c) the ACT Civil and Administrative Tribunal (ACAT);

(d) the making of applications for withdrawal of an infringement notice online;

(e) particular kinds of parking permits (other than mobility parking scheme authorities) that are not issued under this instrument;

(f) public passenger ticketing and conduct offences.

(3) A reference in schedule 1 of the guidelines to a parking permit or parking ticket being correctly displayed is a reference to a parking permit or parking ticket being correctly displayed if the display of the permit or ticket was required under this instrument or, for a parking permit, a condition of the permit.

(4) A reference in schedule 1 of the guidelines to a receipt from an authorised smart phone application, or to a receipt from an authorised application, is a reference to a record of payment made using an approved e-payment system.

(5) A reference in schedule 1 of the guidelines to a mobility parking scheme authority includes a reference to a disability permit.

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THE AUSTRALIAN NATIONAL UNIVERSITy

Australian National University (Parking and Traffic) Statute 2019

The Council of the University makes the following statute.

Dated 6 December 2019

Professor the Hon Gareth Evans AC QC FASSA FAIIA

Chancellor

Contents

4 Simplified outline of this instrument

5 Definitions

6 References to ACT laws

7 Application of certain definitions in ACT legislation

Part 2— Applied ACT parking and traffic legislation

8 What is the applied ACT parking and traffic legislation?

9 Application of applied ACT parking and traffic legislation

The instrument is built on a set of layered concepts: applied laws, designated authority, University authorised persons, parking permits, fees, e‑systems and modified administrative procedure. Each concept carries a defined scope and formal relationship to ACT law.

Applied ACT parking and traffic legislation. Section 8 defines the applied laws as particular ACT statutes and subordinate instruments listed in Schedule 1, any other ACT law declared by another statute to be included, the ACT Legislation Act insofar as it gives meaning to those laws, and other laws that give meaning to terms used in the listed laws. Schedule 1 itemises the specific Parts and provisions adopted (for example, Parts of the General Act concerning infringement notices and enforcement; parts of the Road Rules Regulation; the Safety and Traffic Management Act and Regulation; Offences Regulation; and specified guidelines,Extension of Time, Waiver and Withdrawal Guidelines). The applied laws operate “as in force on the application day” (s 6(1)) subject to the modifications in Schedule 2 (general) and Schedule 3 (specific) and any further necessary modifications (s 9).

Designated authority. The Vice‑Chancellor is the designated authority (s 5). Schedule 2 substitutes references to the road transport authority, Minister and administering authority with the designated authority in many,but not all,places (Schedule 2, ss 1, 6, 11). The designated authority may enter administrative arrangements with the ACT (s 18), determine fees (s 16), approve e‑payment methods (s 17), approve e‑permit systems (s 15), appoint authorised persons (s 22), approve forms (s 23), delegate/subdelegate functions (s 25) and declare traffic sign diagrams or words on permissive parking signs by notifiable instrument (ss 20-21).

University authorised persons. The instrument creates University authorised persons who perform enforcement and other statutory functions on University land. Section 22 prescribes appointment criteria: Australian citizenship or permanent residency (s 22(2)(a)), suitability checks including criminal convictions and employment record (s 22(2)(b)(i)-(ii)), and satisfactory training (s 22(2)(c)). Schedule 2 differentiates references to authorised persons in general provisions and before/for infringement notices (Schedule 2, ss 4-5). The statute also permits ACT authorised persons to exercise functions in certain contexts (s 19(1)(d)).

Parking permits and e‑permits. Part 3 (ss 10-15) sets out permit categories (University vehicle, University‑related vehicle, eligible person), permit form (written or electronic), display conditions and limits (electronic permits may nominate multiple specified vehicles but only one active vehicle at a time under an approved e‑permit system) (s 10(4)-(6); s 15). Section 11 defines “correctly displayed” for written permits and s 12 handles replacement. Cancellation of a person’s permit requires notice, a 10 working day response window and a statement of reasons (s 14).

Fees and e‑payments. The designated authority may determine fees (s 16) and make provision about their calculation, exemptions, payment methods and timing (s 16(2)-(3)). A determination has effect despite anything in any ACT law applied by the instrument (s 16(4)). The Vice‑Chancellor may approve e‑payment methods by notifiable instrument; an approved method must give up‑to‑date information, keep transaction records and provide electronic receipts (s 17).

Modifications and omissions. Schedule 2 and Schedule 3 operate as the statute’s machine for tailoring ACT law to University administration. Schedule 3 expressly omits or alters specific provisions of the General Act, General Regulation, Offences Regulation, Safety and Traffic Management Act and the Road Rules Regulation (Schedule 3, parts 1-6). For example, the instrument omits provisions relating to certain infringement notice procedures, removes references to disallowable instruments (replacing them with notifiable instruments) and omits provisions on internal review, infringement notice management plans and ACAT procedures in guidelines (Schedule 3, ss 1(9), 3(9), 7-9).

Penalty regime. Schedule 2 sets a maximum fine for an offence against the instrument (including the applied ACT parking and traffic legislation) at 10 penalty units and declares that this limit applies despite anything else in the instrument (Schedule 2, s 10). The term penalty unit is to be read as defined by the ACT Legislation Act, s 133 (Schedule 2, s 10(3)).

Form and service. The designated authority controls approved forms (s 23) and the statute permits service of notices to individuals by personal delivery, prepaid post to addresses in University records or email to University email addresses or email addresses in University records (s 24). The s 24 note clarifies that this section does not alter specific service provisions for infringement notices in the applied General Act and Offences Regulation.

These concepts define who decides (designated authority), who enforces (University authorised persons subject to appointment criteria), what technical systems may be used (approved e‑permit and approved e‑payment systems), and how ACT law will be reshaped (Schedules 2 and 3). Each creates corresponding administrative obligations and procedural constraints set out in the statute.

This instrument allocates costs, decision‑rights and compliance duties across several groups: the University and its officers, University authorised persons, staff/students/visitors who use University land, University‑related entities and vehicles, and the ACT road transport authority where arrangements remain in place.

The University and designated authority (Vice‑Chancellor). The University becomes the administering body for parking and traffic on University land to the extent the applied laws and modifications permit. The Vice‑Chancellor, as the designated authority (s 5), acquires multiple powers: issuing and cancelling parking permits (ss 10, 14), setting fees (s 16), approving e‑payment and e‑permit systems (ss 15-17), appointing authorised persons (s 22), approving forms (s 23), delegating functions (s 25) and making notifiable instruments about signs and permitted sign diagrams (ss 20-21). The University must make determinations and approved forms publicly available (ss 16(5), 23(9)). The University also bears the enforcement task where it exercises administration rather than the ACT (s 9; Schedule 1; s 18 allows arrangements with the ACT).

University authorised persons and delegates. Persons appointed under s 22 must meet citizenship/permanent residency and suitability criteria and complete training (s 22(2)-(3)). The designated authority may delegate and subdelegate functions to eligible entities, which include University officers, bodies of the University and, under arrangements, ACT authorities or contractors (s 25(1)-(3)). Delegates and subdelegates must follow directions of the designated authority (s 25(4)). These actors carry out enforcement powers derived from the applied ACT laws as modified by the instrument (Schedule 2, s 4; Schedule 3 various modifications).

Staff, students, visitors and eligible permit holders. The statute defines eligible persons who may receive permits: members of staff, students, frequent visitors on University business, residents of University accommodation and others the designated authority considers justified (s 10(11)). Holders of parking permits must comply with display or electronic‑display conditions (s 10(7); s 11). A person may be issued a permit for a University vehicle, a University‑related vehicle or personally (s 10(2)). Permit holders face potential cancellation if they receive at least four infringement notices in a calendar year that are not withdrawn or successfully disputed, or if they breach permit conditions (s 14(1)(a),(c)). Cancellation carries a specified procedure with written notice, 10 working days to respond, consideration of the response and a statement of reasons (s 14(2)-(5)). The modified Safety and Traffic Management Regulation requires return of cancelled permits within 15 working days and adds an express maximum penalty for failure to return (Schedule 3, 5(14)).

Drivers and vehicles on University land more broadly. The Road Rules Regulation and Safety and Traffic Management Act provisions adopted in Schedule 1 apply to vehicles on University land as modified by Schedule 3. The instrument explicitly includes areas of University land that may not be roads or road‑related areas (Schedule 3, ss 1(2), 4(6), 6(5), 6(11)), so persons driving on open or non‑public University areas are brought into the regime. Ticket parking and permit zones may overlap and the University can operate ticket parking schemes and require approved e‑payment methods (Schedule 3, 5(8)-(4)). Drivers must observe permit zone stopping rules as modified (Schedule 3, 6(4) substituted rule 185).

The ACT and ACT authorised persons. The statute contemplates administrative arrangements with the ACT (s 18), and does not prevent the ACT road transport authority from installing prescribed traffic control devices on University land under arrangements (s 19(1)(a)). The ACT road transport authority or ACT authorised persons may take enforcement action in relation to devices installed by the ACT under arrangements, and ACT authorised persons can exercise any function they have under the instrument (s 19(1)(b),(d)). Thus the ACT remains an affected actor where arrangements continue.

Service recipients and procedural participants. Service of notices to individuals may be effected using University records and University email addresses (s 24(2)(b)-(c)); Offences Regulation modifications widen service of infringement notices to include University email and addresses (Schedule 3, 3(3)-(6)). The guidelines,the Extension of Time, Waiver and Withdrawal Guidelines,are applied with modifications that omit definitions and processes concerning internal review, infringement notice management plans and ACAT (Schedule 3, 7-9). This affects persons who would otherwise use those review mechanisms.

Other consequences for affected parties. The designated authority can make determinations about fees and exemptions (s 16(2)-(3)), control forms (s 23), and approve e‑systems (ss 15-17). Those powers impose compliance costs on users and on third‑party service providers who wish to integrate with University parking systems, because the University decides which e‑payment and e‑permit systems are acceptable and must publish determinations and approved forms (ss 16(5), 23(9)). The University’s ability to delegate to contractors under s 25 means private operators may be involved in administration and enforcement under contract.

In short, the statute reallocates administration and enforcement responsibilities to the University and places procedural and technical obligations on permit holders, drivers on University land, authorised persons and the University itself. Where the instrument omits or modifies ACT review or procedural safeguards (Schedules 2-3), affected individuals may face different review pathways than those available under ACT administration.

The statute creates specific duties for the designated authority, University authorised persons, permit holders and persons on University land, and certain rights concerning procedural fairness and information.

Designated authority duties and powers. The Vice‑Chancellor must exercise a suite of functions: issuing and cancelling parking permits (s 10; s 14), approving e‑permit systems and e‑payment methods (ss 15-17), determining fees (s 16) and approving forms (s 23). A determination under s 16 may set calculation, payment circumstances, exemptions and when a fee is taken to have been paid (s 16(3)), and it has effect despite anything in any ACT law applied by the instrument (s 16(4)). The designated authority must make determinations and approved forms publicly available (s 16(5); s 23(9)). The designated authority may appoint authorised persons and delegate/subdelegate functions (ss 22, 25), and enter administrative arrangements with the ACT (s 18). The authority may declare traffic sign diagrams and words on permissive parking signs by notifiable instrument (ss 20-21).

University authorised persons’ duties. Appointed authorised persons must be suitable and trained (s 22). They exercise functions conferred by the instrument and by the applied ACT laws as modified (Schedule 2, s 4; Schedule 3). They are subject to any directions the designated authority imposes when functions have been delegated or subdelegated (s 25(4)). Safety and Traffic Management Regulation modifications confirm University authorised persons may perform marking of tyres and removal/placement of covers for enforcement purposes (Schedule 3, 5(15)).

Permit holder duties and rights. Permit holders must meet permit conditions and display permits correctly if issued in written form (s 10(7)(a); s 11). For electronic permits, number plates must be clearly readable (s 10(7)(b)); if an e‑permit covers multiple specified vehicles only one active vehicle may occupy the permit at a time and the vehicle must be selected as the active vehicle under an approved e‑permit system (s 10(6); s 15(3)). A permit must state expiry or the period for which it applies (s 10(9)(a)). Permit holders have procedural rights before cancellation: where the designated authority proposes cancellation, the person must be given written notice with reasons, a brief explanation and 10 working days to give a written response (s 14(2)); the authority must consider responses and give written notice of its decision accompanied by a statement of reasons (s 14(3)-(5)). The cancellation takes effect at the end of the day notice is given or another stated day (s 14(6)). Permit holders may surrender permits by written notice (s 13) and seek replacement of lost or damaged written permits (s 12).

Drivers’ duties on University land. Drivers must comply with the Road Rules Regulation provisions as they apply to University land under this instrument, including modified stopping and parking rules such as the permit zone rule substituted by Schedule 3, 6(4) (new s 185) which makes it an offence to stop in a permit zone unless a current ANU permit permits that vehicle to stop in the zone, with a maximum penalty stated in the applied regime. Ticket parking rules, restrictions on stopping on nature strips and other road rules are applied with modifications to extend their geographic reach to certain University land (Schedule 3, multiple provisions).

Fee‑payer rights and duties. Persons who pay fees under determinations must comply with the payment conditions set by the designated authority (s 16(2)-(3)). Determinations may provide for exemptions, waivers, postponements or refunds (s 16(3)(c)-(e)). The designated authority must make fee determinations publicly available (s 16(5)).

Service and form rules. The designated authority controls forms; where the designated authority approves an ANU form for a purpose and there is an ACT form for that purpose, the ANU form must be used in relation to the instrument (s 23(4)). Substantial compliance suffices (s 23(5)) but mandatory requirements stated in the form must be complied with (s 23(6)-(8)). Notices to individuals may be served by delivery, prepaid post to addresses recorded by the University or email to a University email address or an email in University records (s 24(2)). The section clarifies it does not affect other service provisions in University or ACT law (s 24(5)) and notes that infringement notices remain subject to the General Act and Offences Regulation service rules as applied and modified (s 24 note; Schedule 3 modifications).

Limits on penalties. Schedule 2 caps the maximum fine for an offence against the instrument (including applied ACT laws as applied to University land) at 10 penalty units and declares this cap operates despite anything else in the instrument (Schedule 2, s 10(1)-(2)). Penalty unit meaning is to be taken from the ACT Legislation Act, s 133 (Schedule 2, s 10(3)). The applied and modified regulations may also include maximum penalties for particular contraventions (for example a modified s 67 in the Safety and Traffic Management Regulation as shown in Schedule 3, 5(14)), but Schedule 2 contains an express override statement.

E‑system rights and obligations. An approved e‑permit system must permit users to select an “active vehicle”, give the designated authority up‑to‑date information about active vehicles and keep a record of each selection (s 15(3)). An approved e‑payment method must give the designated authority up‑to‑date information about ticket parking fees paid, keep a record of each transaction, and give a person an electronic receipt (s 17(2)). These are pre‑conditions to approval and become operational constraints on providers and users.

Delegation constraints. The designated authority may delegate functions to eligible entities, including University staff and bodies and, if authorised by arrangements with the ACT, ACT authorities or contractors (s 25(1)-(3)). Delegates may subdelegate only if the original delegation permits it and any stated conditions are complied with; delegates and subdelegates must comply with directions from the designated authority and subdelegator (s 25(3)-(4)). The Acts Interpretation Act provisions on delegation apply to subdelegations (s 25(5)).

Taken together, the statute sets administrative duties on the University and appointed persons, procedural rights for permit holders in cancellation scenarios, technical and record‑keeping obligations for e‑systems, and service/form rules that privilege University records and University‑approved forms. The statutory text sets explicit steps and limits for each role.

The instrument creates a University‑centred enforcement architecture that applies ACT parking and traffic offences to University land with modified penalty limits, new enforcement actors, and changed processes for serving and contesting infringements.

Maximum penalty cap. The instrument imposes an across‑the‑board maximum fine for offences against the instrument (including applied ACT parking and traffic legislation as it applies to University land) of 10 penalty units, and declares that this cap operates notwithstanding anything else in the instrument (Schedule 2, s 10(1)-(2)). The statute points readers to the ACT Legislation Act, s 133 for the meaning of “penalty unit” (Schedule 2, s 10(3)). Because the instrument applies ACT laws with modifications, the Schedule 2 cap is the controlling maximum for offences under this instrument.

Preserved and modified applied penalties. Many of the applied ACT provisions carry their own maximum penalties or demerit point schedules as listed in Schedule 1 (for example Offences Regulation Schedule 1). The instrument’s modification mechanism purposefully overlays the Schedule 2 cap. There are, however, specific modifications that on their face show different maxima (for example, the modified Safety and Traffic Management Regulation s 67(1) as set out in Schedule 3, 5(14) includes “Maximum penalty: 20 penalty units”). The Schedule 2 provision states it has effect despite anything else in this instrument (Schedule 2, s 10(2)); therefore the instrument’s text establishes a controlling maximum that reduces maximum fines where applied laws would have allowed higher amounts.

Enforcement actors and powers. Enforcement is carried out by University authorised persons and, in certain circumstances, by ACT authorised persons under arrangements. The designated authority appoints University authorised persons (s 22) who then exercise functions under this instrument and the applied ACT laws as modified (Schedule 2, s 4). Schedule 3 amendments bring into scope University authorised persons performing certain powers over tyre marking and vehicle handling (Schedule 3, 5(15)). The General Act parts applied include provisions on enforcement and evidentiary matters (Schedule 1, item 1(c) and (f)), though some evidentiary provisions are omitted or modified under Schedule 3 (for example omission of section 56(3)(d)-(i) per Schedule 3, 1(16)).

Infringement notices and service. The applied General Act’s infringement notice framework is adopted (Schedule 1, Part 3 provisions), but the instrument modifies who serves and how. Schedule 2 rewrites the administering authority references to be the designated authority (Schedule 2, s 1). The Offences Regulation is modified so that service of infringement and reminder notices can be to addresses and emails recorded in University records and may use University emails (Schedule 3, 3(3)-(6)); Schedule 2 also clarifies authorised person references for infringement notices (Schedule 2, s 5). The General Act provisions setting out infringement notice offences (divisions in Part 3) remain part of the applied law subject to the modifications and omissions noted in Schedule 3.

Withdrawal, waiver and time extension procedures. The instrument applies the Extension of Time Guidelines, the Waiver of Infringement Notice Penalties Guidelines and the Withdrawal of Infringement Notices Guidelines with modifications (Schedule 1, item 7; Schedule 3, parts 7-9). The modifications omit definitions and procedures for administering authority and remove aspects of infringement notice management plans, internal review and referral to the ACT Civil and Administrative Tribunal (ACAT) from those guidelines (Schedule 3, 7(2)-(3); 8(2)-(3); 9(2)-(4)). That means certain administrative remedies and appeal pathways that exist in the ACT framework are expressly omitted within the adapted guidelines as they apply under this instrument.

Powers to remove vehicles and devices. The Safety and Traffic Management Act provisions on removal of unauthorised devices, closure of roads and removal of unattended vehicles are applied and modified to include University authorised persons and to extend geographic scope to University land that is not a road or road‑related area (Schedule 3, 4(2)-(6)). Section 19 of the statute also contemplates ACT installation of prescribed traffic control devices and enforcement by the ACT under arrangements (s 19(1)(a)-(b)). Section 19(1)(c) confirms the University or a University authorised person may take action to enforce the instrument in relation to prescribed devices installed by the ACT under arrangements.

Evidentiary and certificate changes. The General Act evidentiary provisions are applied (Schedule 1, 1(c)(vi)), but Schedule 3 omits certain evidentiary certificate content (Schedule 3, 1(16) omits section 56(3)(d)-(i)) and modifies other evidentiary references to include University records (Schedule 3, 1(19)). Section 72(1)(h) is to be read to include University records as records kept under road transport legislation (Schedule 3, 1(19)). Those changes alter the available documentary evidence and certificate regime in enforcement proceedings.

Operational note on maximum penalties. The instrument presents a statutory cap on maximum fines of 10 penalty units (Schedule 2, s 10) which is stated to prevail despite anything else in the instrument. Applied regulations may include different maxima, but the instrument’s text asserts the 10 penalty unit cap for offences against the instrument. Practitioners should read specific offence provisions in the applied and modified laws alongside Schedule 2 when advising on exposure.

In summary, enforcement under the instrument is University‑operated with University‑appointed authorised persons exercising applied ACT powers as modified. Infringement notice processes and remedies are adopted but trimmed in places by Schedule 3 modifications; service rules are adjusted to make University records an authorised channel; evidentiary provisions are adjusted; and the statute provides an overarching cap on fines for offences against the instrument.

The statute is expressly designed to import ACT road transport laws into a University context while modifying their operation; it also interfaces with Commonwealth legislation and University internal law.

Incorporation of ACT laws. Section 8 makes the applied ACT parking and traffic legislation a core mechanism. It brings into effect specified provisions of the General Act, General Regulation, Offences Regulation, Safety and Traffic Management Act and Regulation, Road Rules Regulation, and the Extension of Time, Waiver and Withdrawal Guidelines (Schedule 1). Section 6 clarifies that references to ACT laws are to the versions in force on the application day (1 November 2019, unless another day is prescribed) and include statutory instruments made under those laws (s 6(1)-(4)). Section 9 requires the applied ACT laws to be read with modifications in Schedule 2 and Schedule 3 and any other necessary modifications.

Modifications to preserve University control. Schedule 2 supplies general substitutions to make the ACT laws workable on University land, for example replacing administering authority, road transport authority and Minister references with the designated authority (Schedule 2, ss 1, 6, 11). It also substitutes notifiable instruments under the Commonwealth Legislation Act for disallowable instruments in certain contexts (Schedule 2, s 7), and excludes some ACT definitions and forms in favour of University forms (Schedule 2, s 3; s 23). These substitutions mean that instruments the University makes under this statute may have to be registered under the Commonwealth Legislation Act rather than the ACT Legislation Act (Schedule 2, s 7 note).

Interaction with the ACT Legislation Act and Commonwealth Legislation Act. The instrument explicitly incorporates the ACT Legislation Act so far as it gives meaning to the applied laws (s 8(1)(c)), and Schedule 2 refers to the Commonwealth Legislation Act for notifiable instruments (Schedule 2, s 7). The notifiable instrument mechanism is used where the designated authority makes instruments under this statute (for example approvals of e‑permit systems and e‑payment methods are by notifiable instrument,ss 15(1), 17(1)). Schedule 2(7) notes an instrument made under the instrument that is a notifiable instrument must be registered under the Commonwealth Legislation Act and not the ACT Legislation Act.

Omitted and altered ACT procedures. Schedule 3 removes or modifies particular provisions of the General Act and subordinate instruments (Schedule 3, part 1-6). Omissions include parts of infringement notice management, internal review, delegation provisions and evidentiary certificate subsections (Schedule 3, 1(9), 1(11), 1(14)-(16)). The Extension of Time, Waiver and Withdrawal Guidelines are applied with omissions affecting administering authority definitions, infringement notice management plans and ACAT referral (Schedule 3, 7-9). These changes alter the interface between administrative remedies and ACT frameworks: some ACT pathways (for example internal review or ACAT access as provided in the guidelines) are expressly excluded from the adapted guidelines.

University legislation and records. The instrument makes explicit cross‑references to University records and University legislation. For example, service may be to addresses in University records or University email addresses (s 24); the General Act’s certificate evidence provisions are modified to include University records (Schedule 3, 1(19)). Approved ANU forms take precedence over ACT forms for purposes within the instrument (s 23(4)). These modifications create an operational interface between University information systems and the statutory enforcement regime.

Criminal law and Commonwealth Criminal Code. Several notes state that giving false or misleading information may be an offence under the Commonwealth Criminal Code (Schedule 3, 1(10), 1(15); Schedule 3, 3(10)-(11) notes). The General Act note references are amended to refer to the Commonwealth Criminal Code, s 13.4(c) (Schedule 3, 1(12)-(18)). The instrument therefore aligns certain warning notes with Commonwealth criminal provisions.

Arrangements with ACT. Section 18 authorises the designated authority to enter arrangements with the ACT for aspects of administration and enforcement (s 18(1)-(2)). Section 19 preserves ACT capacity to install prescribed traffic control devices and to enforce in relation to devices installed by the ACT under arrangements (s 19(1)(a)-(b)). Thus, where the University and ACT agree, ACT laws continue to operate in their normal form on University land or ACT bodies may act on the University’s behalf.

Effect on third‑party regulated regimes. The instrument’s modifications to address lists, service by email, required forms, and approved e‑payment/e‑permit systems create practical compatibilities and frictions with third‑party systems (for example payment providers, car park operators or booking systems). The statutory requirement that approved e‑payment methods provide specified transaction records and receipts (s 17(2)) and that e‑permit systems keep active vehicle selection records (s 15(3)) imposes specific technical and record‑keeping conditions that external service providers must meet if they are to be approved.

Transitional and repeal connections. The statute repeals the ANU (Parking and Traffic) Statute 2017 and contains transitional provisions that preserve the earlier statute’s application to acts done before commencement (ss 26-27). It also cross‑references the ANU (Interpretation) Statute 2017 and the Acts Interpretation Act 1901 for effects of repeal and amendment (s 27(3)).

In sum, the instrument imports ACT road transport law into the University domain while reassigning decision‑rights, reshaping procedural routes, requiring registration under Commonwealth notification rules for certain instruments, and tying the regime to University records and forms. Practitioners must read applied ACT provisions together with Schedule 2 and Schedule 3 modifications and with the University’s determinations and approved forms to determine operative obligations.

This instrument itself is the Australian National University (Parking and Traffic) Statute 2019 and replaces the ANU (Parking and Traffic) Statute 2017 by express repeal (s 26). The statute contains commencement, application day references and transitional provisions designed to manage the switchover from the 2017 instrument to the 2019 instrument.

Commencement and application day. The instrument commenced on 1 January 2020 (s 2). References to the ACT laws are to the laws as in force on the application day (s 6(1)), defined as 1 November 2019 unless another statute prescribes another day (s 6(5)). Section 6 also confirms references to ACT statutory instruments made or in force on the application day are included (s 6(3)-(4)). These provisions fix the snapshot of ACT law that is imported and provide a clear temporal anchor for which version of ACT instruments was adopted.

Repeal of prior statute. Section 26 repeals the Australian National University (Parking and Traffic) Statute 2017. Section 27 contains transitional provisions preserving the application of the 2017 statute to acts or omissions that happened before commencement where the earlier statute applied immediately before commencement (s 27(2)). The transitional clause also preserves other interpretation and repeal effects under the ANU (Interpretation) Statute 2017 and the Acts Interpretation Act 1901 (s 27(3)(a)-(b)).

Schedules and their amendments at time of making. The 2019 statute’s Schedules effect a substantive rewrite of which ACT laws and provisions are applied and how they operate. Schedule 1 lists applied ACT parking and traffic legislation and is itself part of the instrument; Schedule 2 gives general modifications (for example, admin authority substitution, penalty levels, forms) and Schedule 3 gives specific modifications to particular ACT Acts and Regulations (omissions and substitutions to particular sections). Those Schedules reflect the amendment choices made in 2019 when the statute was made and published.

Notifiable instruments and subsequent modification. The statute enables the designated authority to make notifiable instruments (for example to approve e‑permit systems, e‑payment methods, traffic sign diagrams and words on parking signs) (ss 15, 17, 20-21). Schedule 2(7) requires these notifiable instruments to be registered under the Commonwealth Legislation Act rather than the ACT Legislation Act. Accordingly, further functional detail about e‑payment approvals, fee determinations and sign diagrams can be and will be supplied by subsequent notifiable instruments made under the Commonwealth Legislation Act. Those instruments, once made, become part of the operating framework of the statute.

Omissions and consequential changes documented in Schedules. The amendment history of the statutory content is effectively encoded at the point of making in the Schedules; Schedule 3 omits parts of the General Act and subordinate instruments (for example, multiple subsections of the General Act that would otherwise apply) and modifies provisions across the Offences Regulation and Road Rules Regulation. Those omissions and modifications are recorded as part of the 2019 instrument’s text; if future Councils or amendments alter the Schedules, future instruments will record those changes.

No subsequent amendments recorded in the instrument. The text provided contains no later amending instruments or textual amendments. The instrument’s design contemplates subsequent notifiable instruments by the designated authority but does not itself record any later amendments.

In short, the 2019 instrument replaces the 2017 ANU statute, imports ACT enactments as at the specified application day, and embeds modifications and delegations through its Schedules. Operational detail and future changes are expected to be delivered by notifiable instruments made by the designated authority under the Commonwealth Legislation Act.

The statute as provided contains no judicial decisions, case citations or references to litigation concerning its provisions. The instrument repeals the previous ANU (Parking and Traffic) Statute 2017 (s 26) and contains transitional protections for acts or omissions occurring before commencement (s 27), but it does not mention any litigation or tribunal outcomes.

Practical implications for litigation risk. Although the instrument itself records no litigation history, its structural features affect the avenues available for legal challenge or administrative review. The instrument adopts ACT infringement processes as modified, but Schedule 3 expressly omits or modifies elements of the ACT administrative remedies framework found in the Extension of Time, Waiver and Withdrawal Guidelines and other provisions (Schedule 3, parts 7-9). For example, provisions about internal review, infringement notice management plans and referral to the ACT Civil and Administrative Tribunal (ACAT) are taken to be omitted in the modified guidelines (Schedule 3, 8(3); 9(4)). That removes or changes certain administrative review options that would exist under ACT administration, which may affect the procedural posture of any disputes that reach courts or tribunals.

Evidentiary and procedure alterations. Specific omissions and modifications to the General Act’s evidentiary provisions (Schedule 3, 1(16) and 1(19)) and deletion of particular sections about delegation and review mean that evidentiary certificates, delegation rules and the role of particular authorising provisions may differ from ACT practice. Those textual changes could be fertile ground for procedural challenges about the proper application of modified rules or the availability of particular certificates or evidentiary presumptions in enforcement proceedings, but the statute itself contains no case law.

No ACAT pathway recorded in the instrument. The instrument removes parts of the guidelines that would otherwise refer disputes to ACAT, and thus the statutory text does not preserve the ACAT pathway in the modified guidelines (Schedule 3, 8-9). That does not preclude judicial review in federal courts or other avenues in particular circumstances, but the instrument gives no detail on litigation routes and contains no recorded litigation history.

Where to look for litigation. Any litigation that does occur about the statute will likely concern: the proper interpretation of Schedule 2 and Schedule 3 modifications; the procedural fairness of cancellation processes (s 14) and other decisions by the designated authority; the validity of notifiable instruments made by the designated authority under the Commonwealth Legislation Act; service of infringement notices to University email addresses or University records (s 24; Schedule 3, 3); and conflicts between the Schedule 2 penalty cap and maxima in applied regulations. None of these disputes are present in the instrument text itself; practitioners should monitor administrative decisions, notifiable instruments and any tribunal or court filings arising after the statute’s commencement for developing litigation.

In sum, the statute contains no litigation history. Its structural changes to enforcement and review pathways, and its reliance on University determinations and notifiable instruments, create potential litigation vectors that practitioners should watch for in decisions made under the statute.

The statute contains several features that produce implementation quirks, procedural traps and areas of legal risk that advisers should flag. Each item below is anchored to statutory text.

Penalty unit cap versus specific regulation maxima. Schedule 2 caps fines for offences against this instrument at 10 penalty units and declares that this cap has effect despite anything else in the instrument (Schedule 2, s 10(1)-(2)). Yet some applied and modified provisions record different maxima (for example, the modified Safety and Traffic Management Regulation s 67(1) includes “Maximum penalty: 20 penalty units” in Schedule 3, 5(14)). The statute’s own Schedule 2 asserts the 10 penalty unit limit prevails. Advisers must reconcile the instrument’s cap with any applied provision that appears to state a different figure in particular contexts.
Omission of ACT administrative review avenues. Schedule 3 omits references and provisions concerning internal review, infringement notice management plans and ACAT in the guidelines and regulation modifications (Schedule 3, 7-9). That alters available remedies and may remove typical ACT administrative steps that a driver or permit holder could otherwise pursue. Practitioners must not assume ACT review pathways apply in the same way for University matters.
University records and email as service channels. Section 24 authorises service of documents by email to a University email address or an email in University records. The Offences Regulation modifications extend service for infringement notices to include University emails and addresses (Schedule 3, 3(4), 3(6)). Parties must maintain accurate University records and check University email; the statute treats those University records as authoritative service channels. This differs from standard postal or personal service expectations and can be consequential for contesting timeliness.
Approved ANU forms override ACT forms. The designated authority may approve ANU forms which must be used in preference to ACT forms for corresponding purposes under this instrument (s 23(4)). Approved forms may impose mandatory requirements and the statute makes substantial compliance sufficient but requires mandatory elements to be observed (s 23(5)-(8)). Regulatory compliance can thus hinge on precise form fields or verification steps contained in ANU forms.
Delegation and subdelegation breadth. The designated authority can delegate broadly to eligible entities and subdelegate those functions further (s 25(2)-(3)). Eligible entities include University staff, bodies and, if authorised, ACT authorities or contractors (s 25(1)). Administrative practice must therefore ensure written delegations are explicit about subdelegation rights and that subdelegates comply with directions; failure to document or supervise can create legal risk in enforcement actions.
E‑permit technical requirements. The statute permits electronic permits and requires approved e‑permit systems to support active vehicle selection, up‑to‑date reporting and selection records (s 15(3)). Electronic permits that nominate multiple vehicles authorise parking for only one vehicle at a time, and only the selected “active vehicle” is authorised to park (s 10(6)). Misuse or misconfiguration of e‑permit systems could produce inadvertent unauthorised parking and resulting infringement notices.
E‑payment and ticket parking choices. The Safety and Traffic Management Regulation modifications expressly permit the University to require that ticket parking fees be payable only by an approved e‑payment method (Schedule 3, 5(8)(4)). Approved methods must provide transaction records and electronic receipts (s 17(2)). Drivers expecting to pay by cash or alternative methods may find those options unavailable and be exposed to contraventions.
Changes to evidentiary certificates and records. Schedule 3 omits some evidentiary certificate provisions from the General Act and alters references so that University records are included for certificate purposes (Schedule 3, 1(16), 1(19)). Advisers should examine precisely which evidentiary certificates remain available and how University records are to be authenticated in proceedings.
Interaction with ACT devices and ACT enforcement. Section 19 permits the ACT to install prescribed traffic control devices on University land under arrangements and to enforce in relation to those devices under arrangements (s 19(1)(a)-(b)). That means there may be mixed enforcement regimes on University land depending on whether a device was installed by the University or by the ACT under arrangement. Clarity in arrangements and signage will be important to avoid contestable enforcement actions.
Return of cancelled permits and conflicting penalties. The modified Safety and Traffic Management Regulation requires return of cancelled permits within 15 working days and declares a maximum penalty of 20 penalty units for failure to return (Schedule 3, 5(14)). Given the Schedule 2 cap at 10 penalty units for offences against this instrument (Schedule 2, s 10), there is tension between the two figures. Practitioners should treat Schedule 2 as the controlling statement but be aware that particular applied provisions may recite different maxima, potentially causing confusion until clarified.
Notifiable instruments registered under Commonwealth law. The instrument requires notifiable instruments made under it to be registered under the Commonwealth Legislation Act, not the ACT Legislation Act (Schedule 2, s 7). Users and advisers must know where to look for rule changes and approvals (Commonwealth legislative register) rather than ACT legislative registers.
Eligibility and cancellation triggers for permits. A permit may be cancelled if the holder receives at least four infringement notices in a calendar year that are not withdrawn or successfully disputed (s 14(1)(a)). Practitioners should note that the threshold is numeric and operate systems to track notices and reviews to prevent unintended cancellations.

Each of these “gotchas” stems directly from the statutory text. They create practical compliance and litigation‑risk considerations that should be addressed by University policy, IT systems, training of authorised persons and clear communication to permit holders and visitors.

For University administrators, authorised persons and external advisers the statute sets out a set of concrete compliance tasks. Below are the principal operational and legal steps to bring practice in line with the instrument.

Governance and delegations. Record in writing all delegations from the designated authority and any subdelegations, specifying conditions and whether subdelegation is permitted, in compliance with s 25(2)-(3). Ensure delegated instruments and subdelegation chains are clear, and document directions that delegates must follow (s 25(4)). Keep records required by the Acts Interpretation Act provisions applied to subdelegations (s 25(5)). If the University intends to authorise ACT authorities or contractors to exercise functions, reflect that in formal arrangements under s 18.
Appoint and train authorised persons. Appoint University authorised persons under s 22 ensuring each appointee is an Australian citizen or permanent resident (s 22(2)(a)), that suitability checks are documented including criminal history and employment record scrutiny (s 22(2)(b)), and that training completion is evidenced (s 22(2)(c)). Maintain identity cards and any other required identification consistent with the adapted s 20 references (Schedule 3, 1(7)-(8)). Keep an appointment register and training records to support valid enforcement actions.
Adopt and publish approved forms and determinations. Prepare ANU approved forms for all purposes the instrument requires (s 23(1)-(4)). If an ANU form is approved for a particular purpose, use it instead of any ACT form for that purpose (s 23(4)). Ensure forms identify mandatory requirements and that those fields are completed (s 23(6)-(8)). Publish approved forms and fee determinations on the University website or by other appropriate means (s 16(5); s 23(9)).
Fee and payment infrastructure. Make fee determinations in writing under s 16 that set calculation methodology, exemptions, payment timing, waivers and refund processes (s 16(2)-(3)). Where the University implements a ticket parking scheme requiring e‑payment only, ensure approved e‑payment methods meet s 17(2) requirements (up‑to‑date information for the designated authority, transaction record‑keeping, electronic receipts). Maintain auditable transaction logs that can substantiate payments in disputes.
E‑permit and e‑payment approvals and integration. Only deploy e‑permit systems that the designated authority has approved by notifiable instrument (s 15(1)). For approval, the system must allow users to select an active vehicle, provide the University with up‑to‑date information about active vehicles and keep a record of each selection (s 15(3)). Ensure backend integration provides the University with real‑time or near‑real‑time active vehicle data and retains logs for evidentiary purposes. Similarly, ensure e‑payment providers can supply the transaction data and receipts required for an approved e‑payment method (s 17(2)).
Permit issuance processes. Issue permits consistent with s 10: specify the permit class (University vehicle, University‑related vehicle, eligible person) (s 10(2)), state expiry or period (s 10(9)(a)), include any special limitations or conditions either in the permit, by agreement or by written notice (s 10(8)), and enforce display rules for written permits and legibility for number plates for e‑permits (s 10(7)). For electronic permits covering multiple vehicles, ensure user interfaces strictly enforce selection of an active vehicle and that records show which vehicle was active at any relevant time (s 10(6); s 15(3)).
Cancellation procedures and record‑keeping. If proposing cancellation under s 14, give written notice that states the proposal, explains reasons and gives 10 working days for a written response (s 14(2)). Consider and record responses and then give written decision notice with a statement of reasons (s 14(3)-(5)). Maintain logs of infringement notices against permit holders to monitor the “4 infringement notices in a calendar year” trigger in s 14(1)(a). Record date of effect for cancellations and ensure return of cancelled permits within 15 working days where the Safety and Traffic Management Regulation requires it (Schedule 3, 5(14)).
Service and contact information management. Maintain accurate University records of addresses and email addresses and ensure these are the authoritative addresses for service under s 24(2). For students, staff and permit holders ensure their semester, work or permanent addresses are up to date in University records as the statute permits service by prepaid post or University email (s 24(2)(b)-(c)). Adopt policies to notify individuals how and when University email will be used for service.
Enforcement and marking procedures. For parking enforcement activities such as tyre marking, use of chalk/crayon or removal/placement of covers, ensure authorised persons follow the modified regulation wording (Schedule 3, 5(15)). Keep contemporaneous incident logs, photographic evidence where appropriate, and records that link authorised persons’ identity to enforcement acts.
Evidentiary practice. Given modified evidentiary provisions (Schedule 3, 1(16), 1(19)), maintain robust records and certificates that align with the remaining certificate provisions. Keep copies of all transaction logs, permit selections, e‑payment receipts and evidence of display for permits to support enforcement and dispute resolution.
Notifiable instruments and registration. Prepare to have notifiable instruments registered under the Commonwealth Legislation Act rather than ACT registers (Schedule 2, s 7). Keep a register of all notifiable instruments made by the designated authority (approvals of e‑systems, sign diagrams, words on signs, fee determinations where made by notifiable instrument) and publish links to the Commonwealth register on the University website.
Communications to users. Clearly communicate to staff, students, visitors and contractors how the scheme works,how permits are to be displayed or activated, which payment methods are accepted, how to respond to proposed cancellations, and where to lodge disputes under the modified guidelines. Given the omission of some ACT review routes, set out the available administrative pathways clearly.
Contracts and third‑party providers. If third parties (contractors) are to administer parking or enforce on behalf of the University, ensure contracts address delegation authorities, training requirements, datafeeds for e‑systems, record retention, service of notices, obligations to accept University forms, evidentiary standards, confidentiality and audit rights.
Monitor guideline and instrument changes. Because the designated authority may make notifiable instruments that affect operational detail, set internal processes to monitor and publish such instruments and to update operational systems accordingly.

For drivers, permit holders and external stakeholders:

Ensure University records (address and email) are current as service may be to those records (s 24).
Check whether a permit is written or electronic and comply with display rules: written permits must be displayed where clearly visible from outside (s 11); electronic permits require readable numberplates and active vehicle selection where relevant (s 10(6)-(7)).
Pay ticket parking fees by approved methods if the University requires e‑payment only (Schedule 3, 5(8)(4); s 17).
If issued a cancellation proposal, respond within 10 working days with written reasons and produce any supporting documents to the designated authority (s 14(2)).

Implementing the foregoing steps will address the statute’s express administrative, technological and procedural requirements and reduce compliance risk when the University exercises its regulatory functions under the instrument.

Deep Dive

What it does

Current sections

Australian National University (Parking and Traffic) Statute 2019

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Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Simplified outline of this instrument

5 Definitions

(a) a person who is an authorised person appointed under section 22 (Appointment of authorised persons); or

(a) a person prescribed by another statute for this instrument or a provision of this instrument.

6 References to ACT laws

(1) A reference in this instrument (either generally or specifically) to an ACT law is a reference to the law as in force on the application day.

(4) In subsection (3), a reference to the statutory instruments made or in force under an ACT law includes a reference to any law or instrument applied, adopted or incorporated (with or without change) under the law on the application day.

(5) In this section:

7 Application of certain definitions in ACT legislation

(1) This section applies to a term if the term is defined in:

(a) an ACT Act (but not a regulation or other instrument) that forms part of the ACT road transport legislation; or

(b) the ACT Legislation Act so far as it applies in relation the ACT road transport legislation.

(2) The definition applies to each use of the term (and other parts of speech or grammatical forms of the term) in this instrument unless the contrary intention appears.

Part 2—Applied ACT parking and traffic legislation

8 What is the applied ACT parking and traffic legislation?

(1) The applied ACT parking and traffic legislation is the following:

(a) the ACT laws mentioned in Schedule 1 (Applied ACT parking and traffic legislation);

(b) any other ACT law that is declared by another statute to be included in the applied ACT parking and traffic legislation;

(c) the ACT Legislation Act so far as it applies to an ACT law mentioned in paragraph (a) or (b) and is not inconsistent with this instrument;

(d) any other ACT law so far as it gives meaning to, or limits or extends the meaning of, a term used in a law mentioned in paragraph (a) or (b) and is not inconsistent with this instrument.

Example for paragraph (c)

The ACT Legislation Act, section 133 defines the term ‘penalty unit’ for the ACT road transport legislation.

[Note: A reference to an ACT law includes a reference to a provision of the law and to the statutory instruments made or in force under the law (see section 6(2) and (3)).]

(2) However, the applied ACT parking and traffic legislation does not include an ACT law to which subsection (1)(a) applies if the law is declared by another statute not to be included in the applied ACT parking and traffic legislation.

9 Application of applied ACT parking and traffic legislation

(a) the modifications provided by Schedule 2 (General modifications) and Schedule 3 (Specific modifications); and

(b) the modifications provided by any other statute; and

(c) any other necessary modifications.

Part 3—Parking permits

10 Issue of parking permits etc.

(2) A parking permit may be issued:

(a) for a University vehicle; or

(b) for a University-related vehicle; or

(c) to an eligible person.

(3) A parking permit may be:

(a) a disability permit; or

(b) of any other kind decided, in writing, by the designated authority.

(4) A parking permit in written form may be issued for a single specified vehicle. A parking permit in electronic form may be issued for a single specified vehicle or for 2 or more specified vehicles.

(5) If a parking permit is issued in written or electronic form for a single specified vehicle, the permit authorises parking for that vehicle only.

(7) A parking permit is subject to the following conditions:

(a) if the permit is a parking permit issued in written form—the permit must be displayed in or on the vehicle to which the permit applies when the vehicle is parked on University land; or

(b) if the permit is a parking permit issued in electronic form—each numberplate of the vehicle (or a vehicle) to which the permit applies must, at all times, be clearly readable when the vehicle is parked on University land.

(8) A parking permit issued to a person is also subject to the limitations and conditions:

(a) stated in the permit; or

(b) agreed to by the person; or

(c) notified in writing to the person by the designated authority; or

(d) prescribed by the designated authority by notifiable instrument.

(9) A parking permit:

(a) must state when it expires or the period for which it applies; and

(b) may include anything else the designated authority considers appropriate.

(10) For this section, the designated authority may, in writing, approve a person or other entity as a University-related entity if the entity uses University land, or premises on University land, in the conduct of its affairs or operations.

(11) For this section, an eligible person is any of the following:

(a) a member of staff of the University;

(b) a student of the University;

(c) a person who frequently visits the University on University business;

(d) a resident in University House, Graduate House, a hall of residence, an affiliated college, or any other accommodation approved, in writing, by the designated authority for this paragraph;

(e) a person ordinarily present on University land in the course of the person’s employment;

(f) anyone else if the designated authority considers that the issue of a parking permit to the person is justified.

(12) In this section

11 Meaning of conditions about display of parking permits

(2) In this section:

(a) in or on the front left-hand side of the vehicle or, if the permit or a condition of the permit states that the permit must be displayed in or on a particular part of the vehicle, in or on that part of the vehicle; and

(b) in a way that the details of the permit on the front of the permit are clearly visible from outside the vehicle.

12 Replacement of lost etc. parking permits

(1) On application by the holder of a current parking permit issued in written form, the designated authority may issue a replacement parking permit if satisfied that the current permit has been lost, stolen, destroyed or damaged.

(2) If the parking permit has been damaged, the permit must be returned with the application.

13 Surrender of parking permits

14 Cancellation of parking permits

(1) The designated authority may cancel a parking permit issued to a person if:

(a) the person is given at least 4 infringement notices in a calendar year that are not withdrawn or successfully disputed; or

(b) the person is no longer eligible to be issued with the permit; or