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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Perth Parking Management Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Application 2
4. Interpretation 2
5. The Perth Parking Policy 4
6. The Perth parking management area 4
7. Restricted parking in the Perth parking management
area 5
Part 2 -- Parking bay licences
8. Applications for a parking bay licence 6
9. Issue of parking bay licences 6
10 . Conditions on parking bay licences 7
11 . Parking bay licence fees 8
12 . Duration of parking bay licences 8
13 . Suspension or cancellation of parking bay licences 9
14 . Change of ownership of licensed land or building 9
15 . Variation of parking bay licences 10
16 . Renewal of parking bay licences 11
page i
23 -- 1B
Perth Parking Management Bill 1998
Contents
17 . Appeals against CEO's decisions 11
Part 3 -- Offences and infringement notices
18 . Offences 13
19 . Infringement notices 13
Part 4 -- Administration and general matters
20 . Appointment of inspectors 16
21 . Powers of inspectors 16
22 . Obstruction of inspectors 17
23 . The Perth Parking Licensing Account 18
24 . Delegation of CEO's functions 19
25 . Requirement to pay fees or provide information 19
26 . Regulations 20
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Perth Parking Management Bill 1998
A Bill for
An Act to provide for the management of parking in certain parts of
the Perth metropolitan area and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Perth Parking Management Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Perth Parking Management
Act 1998.
5 2. Commencement
This Act comes into operation on such day as is, or such days as
are respectively, fixed by proclamation.
3. Application
This Act binds the Crown.
10 4. Interpretation
In this Act, unless the contrary intention appears --
"CEO" means the chief executive officer as defined in the
Interpretation Act 1984;
"common property", in relation to a strata scheme or
15 survey-strata scheme, has the same definition as in the
Strata Titles Act 1985;
"infringement notice" means a notice issued under
section 19(1);
"inspector" means an inspector appointed under section 20;
20 "licensee" means the holder of a parking bay licence;
"lot", in relation to a strata scheme or survey-strata scheme, has
the same definition as in the Strata Titles Act 1985;
"motor vehicle" means a self-propelled vehicle (except an
aircraft or a vessel) that is not operated on rails;
page 2
Perth Parking Management Bill 1998
Preliminary Part 1
s. 4
"owner", in relation to land or a building, means --
(a) if the land or building is part or all of the common
property or of a lot of a strata scheme or survey-strata
scheme -- the strata company for the scheme;
5 (b) if the land or building is under the control of an
authority of the government of the Commonwealth, a
State or a Territory, or of a local government -- the
authority; or
(c) in any other case -- the person who owns the land or
10 building;
"parking bay licence" means a licence issued under section 9;
"Perth Parking Licensing Account" means the account
established under section 23;
"Perth parking management area" means the area prescribed
15 under section 6;
"Perth Parking Policy" means the Perth Parking Policy
referred to in section 5, as amended from time to time;
"power assisted pedal cycle" means a vehicle designed to be
propelled by a mechanism operated solely by human
20 power, to which is attached one or more auxiliary
propulsion motors having a combined maximum output not
exceeding 200 watts;
"strata company", in relation to a strata scheme or
survey-strata scheme, means the body corporate constituted
25 for the scheme under section 32 of the Strata Titles
Act 1985;
"strata scheme" has the same definition as in the Strata Titles
Act 1985;
"survey-strata scheme" has the same definition as in the Strata
30 Titles Act 1985;
page 3
Perth Parking Management Bill 1998
Part 1 Preliminary
s. 5
"vehicle" means --
(a) a motor vehicle (except a motorized wheel chair, a
power assisted pedal cycle or a toy);
(b) a caravan, trailer or semi-trailer (whether or not the
5 caravan, trailer or semi-trailer is connected to a motor
vehicle);
(c) a vehicle drawn by an animal, or an animal used for
drawing a vehicle.
5. The Perth Parking Policy
10 For the purposes of this Act, the Perth Parking Policy is the
policy of that name developed by the CEO in cooperation with
the City of Perth, and published in the Gazette with the approval
of the Minister to whom the administration of the Transport
Co-ordination Act 1966 is for the time being committed by the
15 Governor, after consultation with --
(a) the Minister to whom the administration of the Town
Planning and Development Act 1928 is for the time
being committed by the Governor; and
(b) the Minister to whom the administration of the
20 Environmental Protection Act 1986 is for the time being
committed by the Governor.
6. The Perth parking management area
An area within the Perth metropolitan area is to be prescribed as
the Perth parking management area for the purposes of this Act.
page 4
Perth Parking Management Bill 1998
Preliminary Part 1
s. 7
7. Restricted parking in the Perth parking management area
The owner of land or a building in the Perth parking
management area must not permit a vehicle to be parked on the
land or in or on the building unless --
5 (a) the land or building is used solely for private residential
purposes;
(b) the owner has a parking bay licence that permits the
vehicle to be parked there; or
(c) the vehicle is a prescribed vehicle or is parked in
10 prescribed circumstances.
Penalty: $5 000.
page 5
Perth Parking Management Bill 1998
Part 2 Parking bay licences
s. 8
Part 2 -- Parking bay licences
8. Applications for a parking bay licence
(1) The owner of land or a building in the Perth parking
management area may apply to the CEO for a parking bay
5 licence.
(2) An application must --
(a) be in a form approved by the CEO;
(b) be accompanied by any prescribed documents or
prescribed information; and
10 (c) be accompanied by the prescribed application fee (if
any).
9. Issue of parking bay licences
(1) The CEO may issue a licence to an applicant to permit one or
more vehicles to be parked on the land or in or on the building
15 specified in the application --
(a) if parking vehicles in accordance with the proposed
licence would be consistent with the Perth Parking
Policy; or
(b) even if parking vehicles in accordance with the proposed
20 licence would not be consistent with the Perth Parking
Policy -- if the CEO thinks, after taking into account
the matters referred to in subsection (3), that issuing the
licence is reasonable in the circumstances.
(2) If the applicant is required to obtain any approvals under the
25 Town Planning and Development Act 1928 in relation to
parking, or making parking facilities available, on the land or in
or on the building, the CEO must not issue the licence unless the
applicant has each required approval.
page 6
Perth Parking Management Bill 1998
Parking bay licences Part 2
s. 10
(3) The following matters are to be taken into account for the
purposes of subsection (1)(b) --
(a) the impact that parking vehicles in accordance with the
proposed licence would be likely to have on the
5 following --
(i) the amenity of the environment in the Perth
parking management area;
(ii) pedestrian traffic in the vicinity of the land or
building;
10 (iii) vehicle traffic flow and road network efficiency
in the vicinity of the land or building;
(b) the availability of public transport in the vicinity of the
land or building;
(c) any other relevant matters.
15 10. Conditions on parking bay licences
(1) When issuing or varying a parking bay licence, the CEO may
impose on the licence any conditions necessary to ensure that
the likely effect on the Perth parking management area of
parking vehicles in accordance with the licence is or will be, as
20 far as practicable, consistent with the Perth Parking Policy.
(2) Without limiting subsection (1), the conditions may include
conditions relating to any or all of the following --
(a) the number of parking bays to be made available on the
land or in or on the building;
25 (b) the kinds of vehicles that may be parked in the parking
bays;
(c) the times during which, and the periods for which,
vehicles may be parked in the parking bays;
(d) the purpose for which vehicles may be parked in the
30 parking bays.
page 7
Perth Parking Management Bill 1998
Part 2 Parking bay licences
s. 11
(3) The conditions must be set out in the licence.
11. Parking bay licence fees
(1) The CEO must not issue, renew, vary or transfer a parking bay
licence unless the prescribed licence fee (if any), or an
5 instalment of it, as the case requires, has been paid.
(2) The CEO may permit the licence fee to be paid in instalments.
(3) The regulations may prescribe different licence fees for
different classes of licence, and may provide that a licence fee is
not payable for a licence in a prescribed class.
10 (4) Without limiting subregulation (3), the regulations may provide
for licence fees to be calculated by reference to any or all of the
following --
(a) the number of parking bays authorized by the licence;
(b) the kinds of vehicles permitted to be parked in the
15 parking bays;
(c) the periods for which vehicles may be parked in the
parking bays;
(d) the times at which vehicles may be parked in the parking
bays.
20 (5) This subsection imposes the prescribed licence fees except to
the extent that the fees are taxes imposed by the Perth Parking
Management (Taxing) Act 1998.
12. Duration of parking bay licences
Unless sooner cancelled under section 13(2) or 14(7), a parking
25 bay licence remains in force --
(a) if an expiry date is set out in the licence -- up to and
including the expiry date; or
page 8
Perth Parking Management Bill 1998
Parking bay licences Part 2
s. 13
(b) if no expiry date is set out in the licence -- until 30 June
in the financial year during which the licence is in force.
13. Suspension or cancellation of parking bay licences
(1) The CEO may suspend or cancel a parking bay licence if there
5 are reasonable grounds for believing that --
(a) information given by the licensee in, or in connection
with, the application for the licence, or an application
for the variation, renewal or transfer of the licence, is
false or misleading in a material particular; or
10 (b) the licensee has contravened or is contravening a
condition of the licence.
(2) The CEO may suspend or cancel a parking bay licence if the
licence fee, or an installment of the licence fee, as the case
requires, is not paid on or before the due date.
15 (3) A suspension or cancellation takes effect when notice of it is
served on the licensee with a statement of the reasons for it.
14. Change of ownership of licensed land or building
(1) If there is a change in the ownership of land or a building for
which a parking bay licence is in force, the new owner must,
20 within the period of 28 days after the change occurs, give the
CEO notice of the change.
Penalty: $1 000.
(2) When giving notice, the new owner must --
(a) apply to the CEO to transfer the licence to the new
25 owner; or
(b) surrender the licence to the CEO.
(3) An application for the transfer of the licence must --
(a) be in a form approved by the CEO; and
page 9
Perth Parking Management Bill 1998
Part 2 Parking bay licences
s. 15
(b) be accompanied by any prescribed documents or
prescribed information.
(4) On receiving an application, the CEO must transfer the licence
unless grounds for suspending or cancelling it under section 13
5 exist or would exist if it were transferred.
(5) During the 14 day period after the change of ownership occurs,
the new owner may permit vehicles to be parked in accordance
with the licence, and this Act applies to the new owner during
the period as if the new owner were the licensee.
10 (6) If the new owner applies for the transfer of the licence within
the 14 day period, the new owner may continue to permit
vehicles to be parked in accordance with the licence after the
end of the period, and this Act applies to the new owner as if the
new owner were the licensee, until --
15 (a) the CEO transfers the licence to the new owner; or
(b) if the CEO decides not to transfer the licence -- notice
of the decision is served on the new owner.
(7) If the CEO decides not to transfer the licence, it is taken to have
been cancelled when notice of the decision is served on the new
20 owner with a statement of the reasons for the decision.
15. Variation of parking bay licences
(1) A licensee may apply to the CEO for the parking bay licence to
be varied.
(2) The application must --
25 (a) be in a form approved by the CEO; and
(b) be accompanied by any prescribed documents or
prescribed information.
page 10
Perth Parking Management Bill 1998
Parking bay licences Part 2
s. 16
(3) The CEO may vary the licence if he or she would be able to
issue a licence under section 9 in the same terms as the
proposed varied licence.
16. Renewal of parking bay licences
5 (1) A licensee may apply to the CEO for the renewal of the parking
bay licence.
(2) The application must --
(a) be in a form approved by the CEO;
(b) be accompanied by any prescribed documents or
10 prescribed information; and
(c) be accompanied by the prescribed application fee (if
any).
(3) The CEO must renew the licence unless grounds for suspending
or cancelling it under section 13 exist, or would exist if it were
15 renewed.
17. Appeals against CEO's decisions
(1) An applicant for a parking bay licence, or for the variation,
renewal or transfer of a parking bay licence, may apply to the
Minister for a review of a decision of the CEO --
20 (a) not to issue, vary, renew or transfer the licence; or
(b) to impose a condition on the licence.
(2) A licensee may apply to the Minister for a review of a decision
of the CEO to suspend or cancel the licence.
(3) When the Minister considers an application, the Minister
25 may --
(a) confirm the CEO's decision; or
page 11
Perth Parking Management Bill 1998
Part 2 Parking bay licences
s. 17
(b) substitute for the CEO's decision any other decision that
the CEO could have made.
(4) The CEO must give effect to the Minister's decision.
page 12
Perth Parking Management Bill 1998
Offences and infringement notices Part 3
s. 18
Part 3 -- Offences and infringement notices
18. Offences
(1) A licensee must comply with the parking bay licence.
Penalty: $5 000.
5 (2) A licensee must not advertise or otherwise indicate that parking
for a vehicle is available on the land or in or on the building for
which the parking bay licence is in force unless the licence
permits a vehicle to be parked there as advertised or otherwise
indicated.
10 Penalty: $5 000.
(3) An owner of land or a building in the Perth parking
management area who does not hold a parking bay licence for
the land or building must not advertise or otherwise indicate that
parking for a vehicle is available on the land or in or on the
15 building.
Penalty: $5 000.
(4) This section has effect in relation to parking a vehicle whether
or not a fee or reward is paid or payable for parking it.
(5) The daily penalty for an offence against this section is $500.
20 19. Infringement notices
(1) If an inspector has reason to believe that a person has committed
a prescribed offence against this Act, the inspector may, within
21 days after the alleged offence is believed to have been
committed, give an infringement notice to the alleged offender.
25 (2) An infringement notice must --
(a) be in the prescribed form;
(b) contain a description of the alleged offence;
page 13
Perth Parking Management Bill 1998
Part 3 Offences and infringement notices
s. 19
(c) advise that if the alleged offender does not wish to have
a complaint of the alleged offence heard and determined
by a court, the amount of money specified in the notice
as being the modified penalty for the offence may be
5 paid to the CEO within 28 days after the date of the
notice; and
(d) inform the alleged offender how and where the money
may be paid.
(3) The amount to be specified as being the modified penalty for the
10 alleged offence is the amount that was the prescribed modified
penalty at the time the alleged offence is believed to have been
committed.
(4) The CEO may, in a particular case, extend the period of 28 days
within which the modified penalty may be paid, and the
15 extension may be allowed whether or not the period of 28 days
has elapsed.
(5) If the modified penalty specified in an infringement notice is
paid within 28 days or any further time allowed and the notice
has not been withdrawn, the bringing of proceedings and the
20 imposition of penalties are prevented to the same extent as they
would be if the alleged offender had been convicted by a court
of, and punished for, the alleged offence.
(6) The CEO may withdraw an infringement notice by giving the
alleged offender, within 28 days after the date of the
25 infringement notice, a notice in the prescribed form stating that
the infringement notice has been withdrawn.
(7) An infringement notice may be withdrawn whether or not the
modified penalty specified in the notice has been paid.
(8) If an infringement notice is withdrawn after the modified
30 penalty has been paid, the amount is to be refunded.
page 14
Perth Parking Management Bill 1998
Offences and infringement notices Part 3
s. 19
(9) The payment of an amount as a modified penalty is not to be
regarded as an admission for the purposes of any proceedings,
whether civil or criminal.
page 15
Perth Parking Management Bill 1998
Part 4 Administration and general matters
s. 20
Part 4 -- Administration and general matters
20. Appointment of inspectors
(1) The CEO may appoint inspectors for the purposes of this Act.
(2) The CEO must issue a certificate of appointment to each
5 inspector.
21. Powers of inspectors
(1) An inspector may, at any reasonable time, do any or all of the
following to the extent necessary to determine whether or not an
offence against this Act has been or is being committed --
10 (a) enter and inspect any land or building in the Perth
parking management area on or in which a vehicle is or
may be parked;
(b) inspect a vehicle parked on the land or in or on the
building;
15 (c) require a person in charge or apparently in charge of the
land, vehicle or building to do any or all of the
following --
(i) to tell the inspector the person's name and
residential address;
20 (ii) to give any information within the person's
knowledge that is relevant to determining
whether an offence has been or is being
committed against this Act or the regulations;
(iii) to produce any documents in the person's
25 possession or under the person's control that are
relevant to determining whether an offence has
been or is being committed against this Act or
the regulations;
page 16
Perth Parking Management Bill 1998
Administration and general matters Part 4
s. 22
(d) inspect and take extracts from or copies of any
document produced by the person (including electronic
copies or hard copies of documents kept electronically);
(e) temporarily remove any original document produced by
5 the person (except a document kept electronically) from
the land or premises for the purpose of examining or
copying it.
(2) An inspector is not authorized to enter any dwelling on the land
or in or on the building.
10 (3) An inspector is not authorized to do anything under this Act in
relation to land, a building or a vehicle unless the inspector
produces his or her certificate of appointment if requested to do
so by the person in charge, or apparently in charge, of the land,
building or vehicle.
15 22. Obstruction of inspectors
(1) A person must not obstruct an inspector in the performance of
his or her functions or the exercise of his or her powers under
this Act.
Penalty: $2 000.
20 (2) A person obstructs an inspector if the person --
(a) obstructs, hinders or threatens the inspector in the
performance of his or her functions or the exercise of his
or her powers under this Act;
(b) refuses or fails to give information when required to do
25 so under section 21;
(c) refuses or fails to produce a document when required to
do so under section 21;
(d) gives information to the inspector that is false or
misleading in a material particular; or
page 17
Perth Parking Management Bill 1998
Part 4 Administration and general matters
s. 23
(e) without lawful excuse, prevents or attempts to prevent
another person from giving information or producing a
document when the other person is required to do so
under section 21.
5 23. The Perth Parking Licensing Account
(1) There is to be established, as part of the Transport Co-ordination
Fund established under section 62 of the Transport
Co-ordination Act 1966, an account to be known as the Perth
Parking Licensing Account.
10 (2) The following money is to be credited to the Perth Parking
Licensing Account --
(a) money paid by way of application fees under this Act;
(b) money paid by way of licence fees under this Act or the
Perth Parking Management (Taxing) Act 1998;
15 (c) money paid by way of modified penalties under an
infringement notice;
(d) money appropriated by the Parliament for the purposes
of this Act.
(3) There shall be charged to the Perth Parking Licensing Account,
20 with the approval of the Minister, after consultation with the
City of Perth, any amounts that are, in the opinion of the
Minister, necessary or expedient --
(a) for a purpose within the Perth parking management area
that gives effect, or is connected with giving effect, to
25 the Perth Parking Policy; or
(b) for the purpose of administering this Act or a purpose
connected with its administration.
page 18
Perth Parking Management Bill 1998
Administration and general matters Part 4
s. 24
24. Delegation of CEO's functions
(1) The CEO may delegate any or all of his or her functions under
this Act to a person ("original delegate").
(2) The CEO may authorize an original delegate to delegate to
5 another person any or all of the functions (except the power to
delegate) that are delegated to the original delegate under
subsection (1).
(3) The Minister may enter into an agreement, on the
recommendation of the CEO, with another person or body for
10 the person or body to carry out specified functions of the CEO
in accordance with the agreement.
(4) If carrying out a function specified in an agreement depends
upon the opinion, belief or state of mind of the CEO, then,
subject to the agreement, the function may be carried out on the
15 opinion, belief or state of mind of the person who is carrying it
out under the agreement.
(5) For the purposes of this Act and any other written law, an act or
thing that is done by, to, by reference to, or in relation to, a
person or body, in connection with the carrying out by the
20 person or body of a function of the CEO in accordance with an
agreement, is as effectual as it would be if it were done by, to,
by reference to, or in relation to, the CEO.
25. Requirement to pay fees or provide information
(1) If an application fee is payable by an applicant under this Act or
25 the regulations, the CEO does not have to consider the
application until the fee is paid.
(2) The CEO may ask an applicant to provide any information not
given in the application that is relevant to making a decision on
the application and is within the knowledge or control of the
30 applicant.
page 19
Perth Parking Management Bill 1998
Part 4 Administration and general matters
s. 26
(3) When the CEO asks an applicant for information, the CEO does
not have to consider the application, or consider it further, until
the information is provided.
26. Regulations
5 (1) The Governor may make regulations prescribing all matters --
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
(2) Without limiting subsection (1), regulations may --
10 (a) exempt applicants from payment of application fees for
the issue, variation, renewal or transfer of parking bay
licences in a prescribed class;
(b) prescribe offences for the purposes of section 19 (except
offences punishable by imprisonment) by setting out the
15 offences or by reference to the provision creating the
offence; and
(c) prescribing modified penalties not exceeding $500 for
an offence prescribed under paragraph (b).
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