Perth Parking Management Act 1999

The Act revolves around several foundational legal and administrative concepts set out in its preliminary provisions. These concepts determine decision makers, boundaries of the regime, the property interests affected, and the financial flows generated by the system.

Perth parking management area (s 6): The Act applies only to an area that the Governor prescribes within the Perth metropolitan area. The Act does not itself define geographic boundaries; those are created by regulation or proclamation. This means the regime is territorially targeted, and the policy and enforcement consequences only attach once the area is proclaimed.

Perth Parking Policy (s 5): The policy is an administrative instrument developed by the CEO in cooperation with the City of Perth and published in the Gazette with the Minister’s approval after consultation with the Ministers responsible for planning and the environment. The policy is the primary substantive guide to whether the CEO issues a licence (s 9(1)) and is therefore the core normative framework for licensing decisions. The Act explicitly permits the CEO to recommend ministerial approval of licences that are not policy-consistent where the CEO considers issuance is reasonable in all the circumstances (s 9(2)-(3)), preserving a route for exceptions.

Parking bay licence (ss 8-17): Licences are the authorising instrument. Applications must be in a form approved by the CEO and accompanied by any prescribed documentation and fees (s 8). Licences may contain conditions set by the CEO to align the licence’s likely effect with the Perth Parking Policy (s 10). The CEO must ensure applicants hold required planning approvals under the Planning and Development Act 2005 before issuing a licence (s 9(4)). Licences may be varied, renewed or transferred subject to procedures (ss 15-16, 14), and the CEO can suspend or cancel licences on grounds such as false or misleading information or non‑payment of fees (s 13).

Prohibition on parking without licence or exception (s 7): Owners must not permit parking on their land or building in the management area unless one of the statutory exceptions applies: private residential use; a valid parking bay licence; or a prescribed vehicle or circumstance. The offence attracts a penalty of $5 000 (s 7).

Perth Parking Licensing Account (s 23): A purpose‑specific public account is created to receive fees, penalties and appropriations (s 23(1)-(2)). Amounts in the account may be spent, with the Minister’s approval and after consultation with the City of Perth, for purposes connected with giving effect to the Perth Parking Policy, for administration, or for fundable projects identified in s 23(1A). The account is established as an agency special purpose account under the Financial Management Act 2006 (s 23(1)) and receives defined classes of income (s 23(2)).

Inspectors and enforcement (ss 20-22): The CEO appoints inspectors who carry a certificate (s 20). Inspectors may enter and inspect non‑dwelling land or buildings at reasonable times, inspect parked vehicles, require names and addresses, demand information and documents, copy documents and temporarily remove originals that are not kept electronically (s 21). Inspectors cannot enter dwellings (s 21(2)). Obstructing an inspector or giving false or misleading information is an offence (s 22).

Infringement notices and penalties (s 19): Inspectors may issue infringement notices within 21 days of believing a prescribed offence was committed; the notice must state the alleged offence and the modified penalty, and payment within prescribed time prevents court proceedings to the same extent as a conviction (s 19(1)-(5)). The Governor may prescribe offences and modified penalties not exceeding $500 (s 26(2)(b)-(c)). Primary statutory penalties for key offences are higher and set out in ss 7 and 18.

Regulatory design levers: The Act delegates significant detail to regulations. Regulations may set licence fee structures and exemptions (s 11(3)-(4)), prescribe forms, define prescribed vehicles or circumstances (s 7(c)), prescribe offences for infringement notices and set modified penalties up to $500 (s 26). The CEO has procedural and substantive powers but may delegate functions and enter agreements with other parties to carry out functions (s 24).

Interplay with other statutes: The Act explicitly requires relevant planning approvals under the Planning and Development Act 2005 before issuing a licence (s 9(4)). It also addresses personal property law by declaring that certain transferable licences are not personal property for the Commonwealth Personal Property Securities Act 2009 where relevant (s 9(6)). The Perth Parking Licensing Account is established under the Financial Management Act (s 23(1)).

These concepts together create a scheme where administrative policy guides licensing, the CEO is the primary decision maker with Ministerial reserve, licences are conditional property permissions that can be revoked, and revenue is hypothecated to support parking policy objectives and related projects.

The Act overlays a licence requirement onto the owners of land and buildings within the prescribed Perth parking management area (s 6, s 7). The following groups are materially affected:

Owners of land or buildings in the Perth parking management area: The core legal obligation falls on owners. Section 7 makes it an offence for an owner to permit a vehicle to be parked on the land or in or on the building unless an exception applies. The Act defines “owner” with reference to strata and community titles schemes and authorities (s 4), so owners includes community corporations and strata companies where common property or lots are involved.

Licensees: Holders of parking bay licences become regulated actors. Licensees must comply with licence terms (s 18(1)), cannot advertise availability of parking except in accordance with the licence (s 18(2)), and face specified penalties for breaches (s 18). They must also comply with conditions set out in licences (s 10).

Prospective applicants: Landowners seeking to provide parking commercially or otherwise must apply to the CEO in the prescribed form with accompanying documents and fees (s 8). They must ensure any required planning approvals under the Planning and Development Act 2005 are obtained before the CEO can issue a licence (s 9(4)).

Residents and private householders: The Act exempts land or buildings used solely for private residential purposes from the licensing requirement (s 7(a)). Private residents occupying dwellings are also shielded from inspectors entering dwellings under s 21(2).

Motorists and users of parking facilities: Motor vehicles parked in the management area are affected to the extent that lawful parking requires a licence on the land or building where they park (s 7). The Act also applies irrespective of whether a fee is charged for the parking (s 18(4)), so even free parking provided commercially falls within the licensing regime.

Strata company and community corporation bodies: The Act’s definition of owner includes strata companies and community corporations for common property and lots (s 4). These entities therefore carry the statutory duties and are the proper parties for licence applications where common property is involved.

City of Perth and the Ministerial actors: The Perth Parking Policy is developed by the CEO in cooperation with the City of Perth and published with Ministerial approval after consultation with the Ministers responsible for planning and environment (s 5). The City of Perth is a named cooperating body in policy development and must be consulted before Ministerial approval to charge funds from the account (s 23(3)). The Minister holds an approval power for licences recommended by the CEO where inconsistent with policy (s 9(2)-(3)) and is the approving officer for account expenditures after consultation with the City of Perth (s 23(3)).

Other public authorities and contractors: The CEO may enter agreements with a person or body for that person or body to carry out specified CEO functions under an agreement (s 24(3)). Under s 24(4)-(5) acts done by the delegate or contracting body in carrying out those functions are effectual as if done by the CEO. This affects any contractor or agency partner who might be given operational responsibility.

Inspectors and enforcement officers: Inspectors appointed by the CEO (s 20) gain statutory investigatory powers (s 21). Individuals required to provide information or documents to inspectors are affected by s 21 and face obstruction penalties under s 22.

The Crown: The Act expressly binds the Crown (s 3), meaning government-owned properties and authorities within the prescribed area are not outside the regime, subject to particular definitions of owner and potential exemptions that the regulations might provide.

Those who obtain security interests: The Act declares certain transferable licences not to be personal property for the purposes of the Commonwealth Personal Property Securities Act 2009 in specified circumstances (s 9(6)). This affects financiers and security holders because it limits the ability to treat the licence as an enforceable personal property asset under the PPSA framework where that declaration operates.

In sum, the regime targets property owners who provide or seek to provide parking within the prescribed area, with secondary effects on users, financiers, strata and community bodies, the City of Perth and the broader planning and transport administrative landscape.

The Act creates a set of affirmative duties on owners, licensees and applicants and confers administrative rights on the CEO, the Minister and inspectors. The key obligations and entitlements are as follows.

Owners must not permit parking except where permitted: Section 7 sets the primary duty. Owners of land or buildings in the Perth parking management area must not permit a vehicle to be parked on the land or in or on the building unless the land/building is used solely for private residential purposes, the owner holds a parking bay licence, or the vehicle or circumstance is prescribed (s 7). The penalty for breach is $5 000.

Application and information duties: An applicant must file an application in a form approved by the CEO and provide any prescribed documents or information, and pay any prescribed application fee (s 8). The CEO need not consider an application until the application fee is paid and may request additional information relevant to decision-making; the CEO may stop consideration until the information is provided (s 25(1)-(3)).

Duty to obtain planning approvals: If the applicant must obtain approvals under the Planning and Development Act 2005 in relation to parking, the CEO must not issue a licence unless the applicant has each required approval (s 9(4)). This creates a precondition linking statutory planning approvals to licence issuance.

Licence compliance duty and advertising restrictions: Licensees must comply with their parking bay licence (s 18(1)). Licensees must not advertise or otherwise indicate that parking is available unless the licence permits parking as advertised (s 18(2)). Owners who do not hold licences must not advertise parking availability either (s 18(3)). These duties apply whether or not a fee is charged (s 18(4)).

Notice and transfer obligations on change of ownership: On a change in ownership, the new owner must notify the CEO within 28 days and either apply to transfer the licence or surrender it (s 14(1)-(2)). The new owner may permit parking under the licence during the 28 day period and while a transfer application is pending, subject to CEO decision (s 14(5)-(6)). Failure to give notice attracts a $1 000 penalty (s 14(1)).

CEO rights and duties: The CEO has the central administrative role. The CEO may issue licences consistent with the Perth Parking Policy (s 9(1)), impose conditions to ensure the likely effect of parking is consistent with the Perth Parking Policy (s 10(1)), and decide whether to vary, renew or transfer licences (ss 15-16, 14(4)). The CEO must require payment of prescribed licence fees before issuing, renewing, varying or transferring a licence (s 11(1)). The CEO may suspend or cancel licences for false information or breach of conditions, or for non-payment (s 13). The CEO may delegate functions and enter agreements for other persons to carry out functions (s 24).

Ministerial role and reserve power: The Minister may approve licences recommended by the CEO where they are not policy-consistent (s 9(2)-(3)). For spending out of the Perth Parking Licensing Account, sums may be charged with the approval of the Minister after consultation with the City of Perth (s 23(3)). The Minister therefore holds reserve approval powers both for exceptional licence decisions and for expenditures from the Account.

Inspectors’ powers and limits: Inspectors can enter and inspect land or buildings (other than dwellings) at reasonable times, inspect vehicles, require names and addresses, require production of documents and take copies or extracts, and temporarily remove original non-electronic documents for examination (s 21(1)(a)-(e)). Inspectors must produce their certificate of appointment upon request (s 21(3)), and they cannot enter dwellings (s 21(2)).

Infringement notice mechanics: An inspector may issue an infringement notice within 21 days of believing an offence was committed (s 19(1)). If the modified penalty is paid within the prescribed time and the notice has not been withdrawn, court proceedings are prevented to the same extent as a conviction (s 19(5)). The CEO may withdraw an infringement notice within 28 days and must refund paid amounts if the notice is withdrawn after payment (s 19(6)-(8)).

Financial duties and account rights: Licence fees and modified penalties must be paid and are credited to the Perth Parking Licensing Account (s 23(2)). The Minister, after consulting the City of Perth, may approve amounts charged to the Account for Perth Parking Policy purposes, administration, and fundable projects (s 23(3)).

Review rights: Applicants and licensees have rights of review. Applicants may seek review by the State Administrative Tribunal of CEO decisions not to issue, vary, renew or transfer a licence, and may seek review of imposed conditions (s 17(1)). Licensees may apply to the Tribunal to review suspension or cancellation decisions (s 17(2)).

Regulations and delegated rule-making: The Governor may make regulations to set fees, exempt classes, prescribe offences for infringement, and set modified penalties up to $500 (s 26). This grants the executive rule-making capacity to adjust fee structures, exemptions and penalty mechanics over time.

Taken together, the Act imposes compliance duties on owners and licensees, places administrative discretion with the CEO and, in reserved circumstances, the Minister, and creates financial and enforcement mechanisms to operationalise parking policy within the prescribed area.

The Act establishes a combination of criminal penalties, daily penalties, infringement notice procedures, and administrative remedies to enforce the licensing regime.

Primary offence penalties: The Act prescribes specific maximum penalties for core offences. Section 7 imposes a penalty of $5 000 for an owner who permits parking on land or in a building in the Perth parking management area without a licence or other statutory exception. Section 18(1) prescribes a $5 000 penalty for a licensee who fails to comply with the parking bay licence. Advertising offences in s 18(2) (licensee advertising inconsistent with licence) and s 18(3) (owner advertising parking without a licence) attract penalties of $5 000 each. These penalties apply irrespective of whether a fee is charged for the parking (s 18(4)).

Daily penalties: Section 18(5) sets a daily penalty of $500 for an offence against s 18. This means non-compliance by a licensee can attract cumulative daily liability where the breach continues.

Obstruction and false information: Section 22 makes it an offence to obstruct an inspector, including by hindering, threatening, refusing to give required information or produce documents, or giving false or misleading information in a material particular. The penalty is $2 000 (s 22(1)).

Infringement notice regime: Inspectors can issue infringement notices for prescribed offences within 21 days of the alleged offence (s 19(1)). Notices must be in the prescribed form, describe the alleged offence and state the modified penalty which can be paid within 28 days to avoid court proceedings (s 19(2)). The modified penalty must be the prescribed modified penalty at the time of the alleged offence (s 19(3)). The CEO may extend payment periods and withdraw notices within 28 days; if withdrawn after payment, the amount must be refunded (s 19(4)-(8)). The Governor may prescribe offences for the purposes of s 19 and set modified penalties not exceeding $500 for those offences (s 26(2)(b)-(c)).

Administrative enforcement powers: The CEO may suspend or cancel licences where information provided is false or misleading in a material particular, or the licensee has contravened or is contravening a condition of the licence (s 13(1)(a)-(b)), or where licence fees are unpaid (s 13(2)). Suspensions and cancellations take effect upon notice to the licensee with reasons (s 13(3)). On change of ownership, failure to notify and apply for transfer within 28 days attracts a penalty of $1 000 (s 14(1)).

Investigatory powers: Inspectors can enter and inspect non‑dwelling land or buildings at reasonable times, inspect vehicles, require names and addresses, demand and copy documents (including electronic copies), and temporarily remove original non-electronic documents for examination (s 21(1)(a)-(e)). They must produce their appointment certificate if requested (s 21(3)). Inspectors are not authorised to enter dwellings (s 21(2)). These powers facilitate detection and evidence collection to support prosecutions, infringement notices or administrative action.

Review and legal challenge: Affected persons have statutory review rights. Applicants may apply to the State Administrative Tribunal for review of CEO decisions not to issue, vary, renew or transfer licences, or to impose conditions (s 17(1)). Licensees may apply to the Tribunal to review suspension or cancellation decisions (s 17(2)). These review pathways provide an administrative law check on CEO decisions before courts.

Spending and accountability: The use of funds collected under the Act is subject to Ministerial approval after consultation with the City of Perth (s 23(3)). Financial management and appropriations operate within public finance frameworks because the Account is an agency special purpose account under the Financial Management Act 2006 (s 23(1)). That creates administrative oversight channels for enforcement revenues.

Limits and discretion: The Act grants substantial discretion to the CEO in enforcement and to the Governor in setting regulatory details. The CEO can decide not to issue a licence absent required planning approvals (s 9(4)), can impose conditions to effect policy aims (s 10), and can suspend or cancel licences on specified grounds (s 13). The CEO may delegate functions and enter agreements under s 24, potentially outsourcing enforcement or administrative activity. The Act therefore relies heavily on administrative decision-making and must be read with an expectation of policy-led exercising of penalties, infringement notices and licence discipline.

The Act expressly links to several other legislative instruments and sets out specific cross‑statutory effects and prerequisites. These interactions shape procedural preconditions, property classification, public finance treatment and dispute resolution routes.

Planning and Development Act 2005: The CEO must not issue a licence if the applicant is required to obtain approvals under the Planning and Development Act 2005 in relation to parking or making parking facilities available, unless the applicant has the required approvals (s 9(4)). This creates a direct precondition tying licence issuance to compliance with planning statutory controls. It means that applicants must coordinate planning approvals and licence applications; an absence of planning approval is a bar to licence issuance.

Personal Property Securities Act 2009 (Commonwealth): Section 9(6) declares that if a licence issued under s 9 is transferable by the licensee in accordance with the PPSA definition of licence (Commonwealth s 10 paragraph (d)), the licence is declared not to be personal property for the purposes of that Act. That statutory declaration removes the licence from PPSA securities regimes where the declaration applies, affecting creditors who would otherwise take security over licences as personal property under Commonwealth law.

Financial Management Act 2006: The Perth Parking Licensing Account is specified as an agency special purpose account under s 16 of the Financial Management Act 2006 (s 23(1)). This brings the Account within the Financial Management Act’s governance and audit frameworks, determining how monies are held, reported and appropriated.

Planning and environmental ministerial consultation: The Perth Parking Policy is published after the CEO cooperates with the City of Perth and obtains approval of the Minister plus consultation with the Ministers administering the Planning and Development Act 2005 and the Environmental Protection Act 1986 (s 5). This embeds policy development within the planning and environment ministerial nexus, reflecting cross-policy considerations between parking, land use and environmental regulation.

State Administrative Tribunal Act: Decisions of the CEO under the Act are subject to review by the State Administrative Tribunal (s 17). The compilation table and notes reference the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and related provisions which implemented SAT jurisdiction for this Act (compilation table entries and notes). That places review within the administrative tribunal framework rather than general courts in many instances.

Perth Parking Management (Taxing) Act 1999: Section 11(5) states that the prescribed licence fees are imposed except to the extent they are taxes imposed by the Perth Parking Management (Taxing) Act 1999. This indicates a specific interplay with the separate taxing statute which may impose taxes distinct from licence fees set under this Act.

Regulations and delegated legislation: The Governor may make regulations for matters required or permitted by the Act (s 26(1)), including exemptions from fees, prescribing offences for the purposes of infringement notices, and setting modified penalties up to $500 (s 26(2)). Regulations will therefore be the vehicle for many operational details and for aligning the Act’s effect with other regulatory schemes.

Other statutes referenced in definitions: The Act’s definitions borrow from the Strata Titles Act 1985 and the Community Titles Act 2018 to define common property, community titles scheme and strata titles scheme (s 4). These cross‑references determine who the “owner” is in collective title schemes and hence who has obligations under the Act.

Transitional provisions and later Acts: The Act was amended by later legislation including the Perth Parking Management Act 2024 which introduced a fundable project definition and transitional provision allowing money credited to the Perth Parking Licensing Account before the 2024 Act’s commencement day to be used for fundable projects (s 27). The compilation table documents the amendment history and commencement dates for these interacting Acts.

In short, the Act interacts with land use planning law by making planning approvals a precondition for licences, removes some licences from PPSA property classification in declared circumstances, embeds fund management within the Financial Management Act, places review rights with the State Administrative Tribunal, and leaves operational details to delegated regulations that will determine day-to-day interactions with other regulatory systems.

The compilation table and marginal notes in the Act record legislative amendments since assent. Important amendments materially changed definitions, policy detail and financial rules. The following lists the principal amendments visible in the text and the compilation table.

1999 Original enactment: The Perth Parking Management Act 1999 (No. 14 of 1999) received assent 19 May 1999; most operative provisions commenced 16 July 1999 (compilation table).

2002 Machinery of Government changes: The Machinery of Government (Planning and Infrastructure) Amendment Act 2002 (No. 7 of 2002) made textual amendments recorded in the marginal notes. Section 4 amendments are referenced to No. 7 of 2002 s 19, and s 5 was amended by No. 7 of 2002 s 20. The compilation table notes commencement 1 July 2002 for Pt. 5 of that Act. The notes attached to the compilation indicate transitional accounting treatment for the Perth Parking Licensing Account balance as it was before the 2002 amendments (Other notes 1).

2004 State Administrative Tribunal and related amendments: The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004) amended review provisions; s 17 was amended by No. 55 of 2004 s 910 with SAT entering jurisdiction effective 1 January 2005 per the compilation table. The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004) also amended s 19 (noted as s 80) with a commencement in 2005.

2005 Planning Act consequential amendments: The Planning and Development (Consequential and Transitional Provisions) Act 2005 (No. 38 of 2005) amended s 5 (s 15), and s 9 is noted as amended by No. 38 of 2005 s 15. These changes reflect the machinery adjustments tied to the Planning and Development Act 2005. Commencement recorded as 9 April 2006 for that Act’s consequential provisions.

2006 Financial legislation amendment: The Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) amended s 23 (Sch. 1 cl. 124) with commencement 1 February 2007, updating the Account mechanism and folding it into the Financial Management Act framework.

2011 Personal Property Securities consequences: The Personal Property Securities (Consequential Repeals and Amendments) Act 2011 (No. 42 of 2011) amended s 9 (noted No. 42 of 2011 s 101), aligning the Act with Commonwealth PPSA changes. The related commencement date was 30 January 2012 for the consequential amendments.

2018 Strata and community titles alignment: The Strata Titles Amendment Act 2018 (No. 30 of 2018) and the Community Titles Act 2018 (No. 32 of 2018) led to amendments of definitions in s 4, and associated commencement dates in 2020 and 2021 respectively. These amendments updated the Act’s regime to align with reforms to strata and community title laws, using the new definitional frameworks of those Acts.

2024 Perth Parking Management Act 2024: Recent amendments from the Perth Parking Management Act 2024 (No. 2 of 2024) introduced Part 12 to that Act and inserted s 23(1A) and s 27 (s 27 was inserted by No. 2 of 2024 s 194). The 2024 amendment added the “fundable project” definition within s 23(1A) and clarified that funds credited to the Perth Parking Licensing Account before the commencement day may be used for fundable projects (s 27). The compilation table records assent 7 March 2024 and commencement 8 March 2024 for Pt. 12.

Compilation table and commencement mechanics: The compilation table in the text provides dates of assent and commencement for each amending Act and reprints (Reprints 1 and 2). It also highlights one uncommenced provision: Perth Parking Management Act 2024 s 157 (assented 7 March 2024) which remains to be proclaimed (compilation table Uncommenced provisions).

Notes on transitional accounting: The compilation notes show that the 2002 machinery amendments included transitional rules for carrying forward the balance of the Perth Parking Licensing Account as it existed before the amendment (Other notes 1). Similarly, later amendments adjusted the Account and its allowable uses with Ministerial approval after consultation with the City of Perth (s 23 as amended).

This amendment history is reflected directly in marginal amendment notes attached to specific sections in the Act , for example, s 4 and s 5 show explicit amendment footnotes, s 9 and s 23 carry footnotes indicating later amendments, and s 27 is a recent insertion recorded with its amending Act.

The legislative compilation provided does not identify any reported judicial decisions or litigation history arising under this Act. The text names no cases and the compilation table records statute-level amendments and commencement dates rather than court decisions. Consequently the primary sources of dispute resolution embedded in the Act are administrative: the Act provides a statutory route to the State Administrative Tribunal for review of CEO decisions and leaves criminal prosecution and infringement notices as enforcement mechanisms.

Statutory review pathway: The Act provides for review by the State Administrative Tribunal (SAT) in two principal contexts. Applicants for licences, or for variation, renewal or transfer, may apply to SAT for review of a CEO decision not to issue, vary, renew or transfer the licence, or to impose a condition on the licence (s 17(1)). Licensees may apply to SAT for review of CEO decisions to suspend or cancel licences (s 17(2)). The compilation table records the conferral of jurisdiction to SAT through the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004, indicating that SAT is the designated specialist forum for such administrative reviews.

Criminal and penalty enforcement: Where offences are prosecuted in court, the Act provides for penalties (s 7, s 18, s 22). The Act also provides for the use of infringement notices as an alternative enforcement pathway (s 19), with inspectors empowered to issue them and the CEO able to withdraw them within prescribed timeframes. Where an infringement notice is paid and not withdrawn, the bringing of proceedings and imposition of penalties are prevented to the same extent as they would be if the person had been convicted by a court (s 19(5)). This limits litigation in minor matters where the modified penalty is paid.

Absence of reported cases in this source: Because the Act text and compilation table provided here do not list decisions, practitioners wanting litigation or appellate materials will need to search court and tribunal databases and legal reporting services for matters arising under the Act or for judicial review of administrative decisions made pursuant to it. The Act’s reviewable decision list (s 17) and inspector powers (ss 20-21) identify the likely focal points for litigation: refusals to grant or transfer licences, licence conditions, suspensions and cancellations, and perhaps challenges to the legality of inspector conduct or to the exercise of payment and refund powers under s 19.

Administrative law principles and potential grounds for challenge: While the Act itself does not record case law, the reviews to SAT will be conducted under administrative law principles relevant to the jurisdiction, such as procedural fairness, statutory interpretation of the CEO’s discretionary powers, and reasonableness or Wednesbury unreasonableness where applicable. The Act also builds mandated consultations into policy processes and requires Ministerial approval and City of Perth consultation for certain actions (s 5, s 23(3)), which may be relevant to procedural fairness or compliance arguments in review proceedings.

In short, the compilation contains no litigation history. The Act channels disputes into administrative review at SAT for CEO decisions and retains criminal prosecution, infringement notices and administrative cancellations/suspensions as enforcement mechanisms; practitioners should consult tribunal and court records for case law applying or interpreting the Act.

The Act contains several provisions that create operational risks or compliance traps that practitioners and clients should note, with direct textual sources. These are practical points where the statutory mechanics can produce unintended or inconvenient effects.

Licence precondition on planning approvals (s 9(4)): The CEO must not issue a licence unless the applicant has required approvals under the Planning and Development Act 2005 in relation to parking or making parking facilities available. Practitioners must ensure planning approvals are in place before applying for a licence or face a formal refusal on that ground. Timing mismatches between planning decisions and licence terms could delay commercial operations.

Strict prohibition on advertising without licence (s 18(2)-(3)): Both licensees and owners who do not hold a licence are prohibited from advertising or otherwise indicating parking is available unless the licence permits the parking as advertised. The penalty is $5 000 (s 18(2)-(3)). Careless advertisements, website listings, or third-party platform listings can trigger liability, including where the parking is advertised but licence conditions do not permit the advertised use.

Change of ownership time limit and transfer mechanics (s 14): On change of ownership, the new owner must notify the CEO within 28 days and either apply for transfer or surrender the licence (s 14(1)-(2)). Failure to notify is a $1 000 penalty (s 14(1)). Although the new owner can permit parking during the 28 day period, an application to transfer is required to continue beyond that window, and the CEO may refuse transfer on grounds that would justify suspension or cancellation (s 14(4)-(7)). Sale contracts and conveyancing must therefore address licensing transitions explicitly.

CEO discretion and reserved Ministerial approval (s 9(2)-(3), s 10): The CEO may issue licences only where consistent with the Perth Parking Policy, but can recommend Ministerial approval where issuance would be inconsistent if reasonable (s 9(2)-(3)). This introduces uncertainty because policy content is administrative and the Minister retains final approval power for exceptions. Applicants face potential political as well as administrative uncertainty in exceptional cases.

Licence fee payment as a condition precedent (s 11(1), s 25(1)): The CEO must not issue, renew, vary or transfer a licence unless the prescribed licence fee or an instalment has been paid, and will not consider applications until application fees are paid (s 11(1), s 25(1)). Fee non-payment can result in immediate inability to transact and potential suspension for unpaid instalments (s 13(2)). Fee structures and instalment rules in regulations will materially affect cashflow and feasibility.

Licences may be treated as non‑personal property for PPSA purposes (s 9(6)): If a licence is transferable and matches the PPSA definition, the Act declares it not to be personal property for the PPSA. This affects security and financing arrangements because financiers may not be able to take a PPSA registration over the licence. Parties should consider alternative security structures or contract clauses to manage this.

Inspectors’ document seizure rules and electronic document limit (s 21(1)(d)-(e)): Inspectors can temporarily remove original documents that are not kept electronically but cannot remove electronic originals; they can, however, copy electronic documents (s 21(1)(d)-(e)). Owners should maintain control over originals and ensure electronic document management systems can provide copies promptly. Removing original non-electronic documents temporarily can disrupt business operations if not planned for.

Infringement notice timeframes and refund mechanics (s 19): Inspectors must issue infringement notices within 21 days of believing an offence occurred (s 19(1)). Modified penalties must be paid within 28 days to avoid prosecution (s 19(2)). The CEO can withdraw notices within 28 days and must refund payments if the notice is withdrawn after payment (s 19(6)-(8)). Parties must act promptly on notices and keep evidence where payment is made but withdrawal later occurs.

Regulation-making power and modified penalty cap (s 26): The Governor may prescribe offences for the purposes of s 19 and set modified penalties not exceeding $500 (s 26(2)(b)-(c)). The cap on modified penalties means inspectors’ infringement tools are limited to smaller sums; more serious breaches attract court prosecution with higher statutory maximum penalties. Operational guidance from regulations will matter for compliance planning.

Use of collected funds is ministerially approved after City of Perth consultation (s 23(3)): While fees and penalties are hypothecated to a special purpose account, the Act requires Ministerial approval after consultation with the City of Perth before charging amounts to the Account for Perth Parking Policy purposes or fundable projects (s 23(3)). There is therefore political and administrative discretion in how funds are spent, which can affect expectations of local stakeholders.

Binding the Crown (s 3): The Act binds the Crown, meaning government authorities may be subject to the licensing regime. This can generate operational friction where government‑owned sites are affected, and may raise intra-governmental coordination issues.

These “gotchas” arise directly from the Act’s text. Practical risk management requires coordination between planning approvals, licence applications, conveyancing, compliance checks on advertising and document management, and careful handling of infringement notices and fee payment obligations.

Compliance under the Act requires procedural diligence on applications, proactive planning approvals alignment, clear contractual allocation of licence responsibilities in transactions, and operational systems to observe licence conditions and manage inspector interactions. The following is a practical checklist grounded in the Act’s provisions.

1. Confirm whether the property lies within the Perth parking management area (s 6)

   • Check the Governor’s proclamation or regulation prescribing the Perth parking management area before assuming the Act applies. The licence regime and prohibitions (s 7) only apply within the prescribed area.

2. Determine whether an exemption applies

   • Verify if the land or building is used solely for private residential purposes (s 7(a)) or if the vehicle or circumstances are prescribed by regulation (s 7(c)). If so, a licence may not be required.

3. Secure required planning approvals first (s 9(4))

   • Where parking facilities or changes require approvals under the Planning and Development Act 2005, obtain those approvals before lodging the licence application. The CEO must not issue a licence absent required planning approvals.

4. Prepare application package in CEO-approved form (s 8)

   • Complete the application in the form approved by the CEO and attach all prescribed documents and information. Be ready to provide additional information if requested under s 25; the CEO may stop consideration until provided.

5. Budget for application and licence fees and pay before submission or as required (s 8(2)(c), s 11)

   • The CEO will not consider an application until the application fee is paid (s 25(1)), and must not issue, renew, vary or transfer a licence until prescribed licence fees or instalments are paid (s 11(1)). Make allowance for instalment arrangements if permitted (s 11(2)).

6. Anticipate licence conditions and set operational controls (s 10)

   • Expect conditions relating to the number and types of bays, permitted vehicles, times and purposes of parking (s 10(2)). Implement operational systems to monitor compliance with conditions and manage signage and booking or advertising to ensure consistency with licence permissions to avoid s 18 advertising offences.

7. Manage advertising and public communications carefully (s 18)

   • Do not advertise parking availability unless the licence permits the parking as advertised. Update online listings, third-party platforms and physical signage to reflect licence permissions.

8. Conveyancing and ownership change procedures (s 14)

   • On sale, the new owner must notify the CEO within 28 days and apply to transfer or surrender the licence (s 14(1)-(2)). Include contractual provisions in sale contracts to allocate responsibilities for notification, transfer application, and any fees or penalties. Use the 28 day transitional permission (s 14(5)-(6)) to manage continuity but follow through with transfer applications promptly.

9. Maintain accurate records and be transparent with inspectors (ss 21, 22)

   • Inspectors may require names, addresses and documents relevant to suspected offences (s 21(1)(c)). Ensure personnel can promptly identify themselves and provide requested documents. Avoid giving false or misleading information (s 22(2)(d)); obstruction and false information are offences (s 22(1)).

10. Document electronic record-keeping and originals management (s 21(1)(d)-(e))

    • Inspectors may copy electronic records but can only temporarily remove physical originals. Maintain organised electronic and physical document systems to avoid business disruption during inspections.

11. Respond promptly to infringement notices (s 19)

    • If served an infringement notice, note the 28 day payment period and the inspector’s 21 day issuing window (s 19(1)-(2)). If you disagree, seek advice; if paying, ensure procedures for getting potential refunds where a notice is later withdrawn (s 19(6)-(8)).

12. Use review rights if aggrieved (s 17)

    • If the CEO refuses, imposes conditions, suspends or cancels a licence, consider applying to the State Administrative Tribunal as the statutory review route (s 17). Preserve administrative fairness arguments and document interactions with the CEO to support review.

13. Consider financing implications of s 9(6)

    • If planning to use the licence as security for financing, check whether the licence is declared not to be personal property for PPSA purposes (s 9(6)). If so, structure financing accordingly, possibly using contractual security or other assets.

14. Budget for potential penalties and daily penalties (s 18)

    • Non-compliance can attract substantial penalties including $5 000 maximums and daily penalties of $500 (s 18(5)). Incorporate compliance monitoring to avoid accumulating daily penalties.

15. Monitor regulations and policy updates (s 5, s 26)

    • The content of the Perth Parking Policy (s 5) and regulations (s 26) will materially affect licence criteria, fee scales, exemptions and prescribed circumstances. Keep abreast of policy gazettal, regulatory changes, and City of Perth consultations that inform Ministerial decisions.

16. Engage early with the CEO and City of Perth for projects

    • The Act contemplates cooperation between the CEO and the City of Perth in developing the Perth Parking Policy (s 5). For larger projects or developments that rely on parking outcomes, early engagement with both the CEO and City of Perth may help align applications with policy aims and account spending priorities.

17. If contracting out CEO functions, ensure contract compliance (s 24)

    • Where the CEO delegates or contracts functions to another person or body under s 24, contractual arrangements will be effectual as if done by the CEO (s 24(5)). Ensure any contractor arrangements mirror statutory obligations and that accountability measures are in the contract.

Following this checklist implements the Act’s basic procedural, financial and operational obligations drawn directly from the statutory text. Where questions of interpretation arise, use the administrative review right to SAT and preserve factual and legal records during interactions with the CEO and inspectors.