Exercising powers before commencement that rely on instruments that have not commenced 2
Part 12 — Perth Parking Management Act 1999 amended
Act amended 4
Section 23 amended 4
Part 5 inserted 5
Part 5 — Transitional provision for Perth Parking Management Act 2024
Money credited to Perth Parking Licensing Account before commencement day may be used for fundable project 5
Notes
Compilation table 7
Uncommenced provisions table 7
Defined terms
Image unavailable in extracted textWestern Australia
Perth Parking Management Act 2024
An Act —
to provide for licensing and authorising of parking spaces in the parking management area in the metropolitan region to manage parking; and
to provide that licence fees and other revenue under this Act may be used to improve transport, accessibility, economic activity or urban amenity for the benefit of the parking management area; and
to repeal the Perth Parking Management Act 1999, the Perth Parking Management (Taxing) Act 1999 and the Perth Parking Management Regulations 1999; and
to make a consequential amendment to the Sentencing Act 1995; and
for related purposes.
Part 1 — Preliminary
1. Short title
This is the Perth Parking Management Act 2024.
2. Commencement
This Act comes into operation as follows —
(a) Part 1 (other than sections 3 to 10) — on the day on which this Act receives the Royal Assent (assent day);
(b) section 188 and Part 12 — on the day after assent day;
(c) the rest of the Act — on a day fixed by proclamation.
[3-10 Have not come into operation.]
[Parts 2‑9 have not come into operation.]
[Part 10 (other than s. 188) has not come into operation.]
188. Exercising powers before commencement that rely on instruments that have not commenced
(1) If a power is exercised under the Interpretation Act 1984 section 25 (other than a power to make an instrument under Part 7 of this Act), the following that have been made at the time of the exercise of the power are taken to have commenced for the purposes of exercising the power —
(a) the parking policy;
(b) regulations made under section 128;
(c) an approved form.
(2) For the purposes of the Interpretation Act 1984 section 25(a), a reference to an instrument is taken to also include all of the following —
(a) a parking space approval;
(b) a pre‑authorisation;
(c) an approved form.
(3) The CEO may give a notice before the day on which section 3 comes into operation to a person who the CEO considers may be a parking space licence holder whose licence may be renewed under Part 3 Division 5 on or after commencement day advising the person of a licence fee for renewal.
(4) If a power is exercised under the Interpretation Act 1984 section 25 to make regulations under section 128(3), the parking policy is taken to have commenced for the purposes of exercising the power.
(5) If a power is exercised under the Interpretation Act 1984 section 25 to make the parking policy and the parking policy refers to the regulations made under section 128, the regulations are taken to have commenced for the purposes of exercising the power.
[Part 11 has not come into operation.]
Part 12 — Perth Parking Management Act 1999 amended
192. Act amended
This Part amends the Perth Parking Management Act 1999.
193. Section 23 amended
(1) Before section 23(1) insert:
(1A) In this section —
fundable project, in relation to the Perth parking management area —
(a) means any of the following —
(i) transport or accessibility infrastructure, projects or services within the area to promote a sustainable balance between different modes of transport;
(ii) infrastructure, projects or services (not related to transport or accessibility) within the area to improve economic activity or urban amenity;
(iii) traffic management within the area;
but
(b) does not include an event of a sporting, cultural or other nature (other than traffic management for the event).
(2) In section 23(3):
(a) in paragraph (b) delete “administration.” and insert:
administration; or
(b) after paragraph (b) insert:
(c) for the purpose of a fundable project, or a purpose connected with a fundable project, within the Perth parking management area.
(3) After section 23(3) insert:
(4) Infrastructure, projects or services referred to in this section may include 1 or more of the following —
(a) capital costs relating to the infrastructure, projects or services;
(b) costs other than capital costs including running or administration costs relating to the infrastructure, projects or services.
194. Part 5 inserted
After section 26 insert:
Part 5 — Transitional provision for Perth Parking Management Act 2024
Money credited to Perth Parking Licensing Account before commencement day may be used for fundable project
(1) In this section —
commencement day means the day on which the Perth Parking Management Act 2024 Part 12 comes into operation.
(2) Section 23(1A), (3)(c) and (4) apply in relation to an amount charged to the Perth Parking Licensing Account whether or not the amount was credited to the Account before or after commencement day.
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Notes
This is a compilation of the Perth Parking Management Act 2024 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Perth Parking Management Act 2024 Pt. 1 (other than s. 3-10), s. 188 and Pt. 12
2 of 2024
7 Mar 2024
Pt. 1 (other than s. 3‑10): 7 Mar 2024 (see s. 2(a)); s. 188 and Pt. 12: 8 Mar 2024 (see s. 2(b))
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
Perth Parking Management Act 2024 s. 3-10, Pt. 2‑10 (other than s. 188) and Pt. 11
2 of 2024
7 Mar 2024
To be proclaimed (see s. 2(c))
Perth Parking Management Amendment Act 2024 s. 3 and 4
3 of 2024
7 Mar 2024
Operative on the day on which the Perth Parking Management Act 2024 s. 3 comes into operation (see s. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.