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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LOCAL GOVERNMENT (HIGHWAYS)
AMENDMENT BILL 2019
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 94 amended (Interpretation of Part VII )
5. Section 95 amended (Establishment of controlled parking)
6. Section 96 amended (Hours of operation of controlled parking)
7. Section 97 amended (Enforcement of controlled parking)
8. Section 100 amended (Infringement notices)
9. Section 105 amended (Improper operation of parking meters and
voucher machines)
10. Section 108 repealed
11. Section 110 amended (Powers and duties of corporations in
relation to State highways)
12. Section 123A inserted
123A. Delegation by Minister for State Highways
13. Repeal of Act
[Bill 17]-IV
2
LOCAL GOVERNMENT (HIGHWAYS)
AMENDMENT BILL 2019
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
30 July 2019
(Brought in by the Minister for Infrastructure, the Honourable
Jeremy Page Rockliff)
A BILL FOR
An Act to amend the Local Government (Highways) Act
1982
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
(Highways) Amendment Act 2019.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 17] 3
Local Government (Highways) Amendment Act 2019
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s. 3
3. Principal Act
In this Act, the Local Government (Highways)
Act 1982* is referred to as the Principal Act.
4. Section 94 amended (Interpretation of Part VII )
Section 94(1) of the Principal Act is amended as
follows:
(a) by inserting "or by a virtual meter" after
"voucher" in the definition of controlled
parking;
(b) by omitting the definition of parking
meter and substituting the following
definition:
parking meter means a device
installed pursuant to section
95(1), that, on payment of money
and by reference to a particular
parking space, records the length
of time for which a vehicle is, or
is permitted to be, parked in that
space;
(c) by inserting "or the Minister for State
Highways" after "corporation" in the
definition of parking voucher;
(d) by inserting the following definition after
the definition of vehicle:
_______________________________________________________________
*No. 57 of 1982
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virtual meter means a piece of
software that can be run on a
computer, mobile phone or other
electronic device and that allows
for payment to be made for
parking in a parking space;
(e) by omitting "the insertion of a coin or
coins of the name or value shown on the
device or on a notice in the vicinity of the
machine" from the definition of voucher
machine and substituting "payment of an
amount of money".
5. Section 95 amended (Establishment of controlled
parking)
Section 95 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or, if the
highway is a State highway, the Minister
for State Highways," after "corporation";
(b) by omitting from subsection (1)(a) "for"
and substituting "that operates in respect
of";
(c) by omitting from subsection (2) "is" and
substituting "has been";
(d) by inserting in subsection (2) "even if the
highway on which the parking space is
located changes from a local highway to
a State highway, or vice versa" after
"Part";
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(e) by omitting from subsection (3)
"installed by the corporation for" and
substituting "that operates in respect of";
(f) by omitting paragraphs (a) and (b) from
subsection (8) and substituting the
following paragraph:
(a) the period for which the parking
meter should run on the payment
of an amount of money; and
(g) by omitting paragraph (b) from
subsection (9) and substituting the
following paragraph:
(b) the period for which a parking
voucher issued on the payment of
an amount of money entitles a
vehicle to be parked in such a
parking space on the day of issue
of the voucher;
(h) by omitting subsection (10).
6. Section 96 amended (Hours of operation of
controlled parking)
Section 96 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) Subject to this section, controlled
parking operates in respect of -
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(a) local highways within a
municipality only during
such hours and days as
the corporation may, by
public notice, prescribe in
respect of those local
highways; and
(b) State highways within a
municipality only during
such hours and days as
the Minister for State
Highways may, by public
notice, prescribe in
respect of those State
highways.
(2) If -
(a) a corporation or the
Minister for State
Highways prescribes
hours of operation of
controlled parking in
respect of a highway in
accordance with
subsection (1); and
(b) that highway changes
from a local highway to a
State highway, or vice
versa -
those hours of operation continue
to apply until different hours of
operation are prescribed in
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respect of that highway in
accordance with subsection (1).
(b) by omitting from subsection (3) "by the
corporation";
(c) by inserting in subsection (4) "or the
Minister for State Highways" after
"corporation".
7. Section 97 amended (Enforcement of controlled
parking)
Section 97 of the Principal Act is amended as
follows:
(a) by omitting subparagraphs (i) and (ii)
from subsection (1)(a) and substituting
the following subparagraphs:
(i) unless there is time registered on
the meter or virtual meter relating
to that parking space; or
(ii) for a period longer than the
maximum period notified on the
meter or sign relating to that
parking space;
(b) by inserting in subsection (1)(b)(i) ", or
there is time registered on a virtual meter
relating to that parking space" after "on
the vehicle";
(c) by omitting subparagraph (ii) from
subsection (1)(b) and substituting the
following subparagraph:
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(ii) for a period longer than the
maximum period notified on the
voucher machine or sign relating
to that parking space;
(d) by omitting subparagraph (i) from
subsection (6)(a) and substituting the
following subparagraph:
(i) that time could not be registered
on the parking meter;
(e) by omitting from subsection (6)(a)(ii)
"the coin or coins inserted" and
substituting "the amount of money paid";
(f) by omitting from subsection (6)(b)(i)
"with a coin or coins of the kind notified
on it or on a notice in the vicinity of the
machine";
(g) by omitting from subsection (7) "person
the necessary coins" and substituting "or
her person sufficient means".
8. Section 100 amended (Infringement notices)
Section 100(4) of the Principal Act is amended
by omitting "under whose authority the notice
was issued" and substituting "of the municipal
area in which the relevant parking space is
situated".
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9. Section 105 amended (Improper operation of
parking meters and voucher machines)
Section 105 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "of the
kind specified on the meter or machine"
and substituting ", note or card issued by
an authorised deposit-taking institution
or other means of payment specified on
the meter or machine";
(b) by omitting from paragraph (c) "the
insertion of such a coin" and substituting
"a coin, note or card issued by an
authorised deposit-taking institution or
by any other means of payment specified
on the meter or machine";
(c) by inserting in paragraph (e) "or the
Minister for State Highways" after
"corporation";
(d) by inserting in paragraph (f) "or the
Minister for State Highways" after
"corporation".
10. Section 108 repealed
Section 108 of the Principal Act is repealed.
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11. Section 110 amended (Powers and duties of
corporations in relation to State highways)
Section 110 of the Principal Act is amended by
omitting subsection (4).
12. Section 123A inserted
After section 123 of the Principal Act, the
following section is inserted in Division 2:
123A. Delegation by Minister for State Highways
The Minister for State Highways may
delegate any of his or her functions or
powers under this Act, other than this
power of delegation.
13. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
Government Printer, Tasmania 11