PRIVATE PARKING AREAS (PENALTIES) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (17:09): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Private Parking Areas Act 1986.

The Bill proposes to increase the maximum penalties for parking offences under the Private Parking Areas Act 1986 from $200 to $1,250. This will enable the Private Parking Areas Regulations 2001 to, in turn, be varied so that the expiation fee for parking in a disabled persons parking space without a permit under this Act can become consistent with the expiation fee for a similar offence under the Road Traffic Act 1961.

In 2005 the Department for Transport, Energy and Infrastructure undertook a review of the disabled persons parking permit scheme relating to the level of compliance with, and enforcement of provisions of the scheme. One of the recommendations was to increase the expiation fee for the offence under the Australian Road Rules of parking in a disabled persons parking space without a valid permit. Consequently, the expiation fee under the Road Traffic (Miscellaneous) Regulations 1999 was increased from $72 to $210. This increase came into effect on 16 March 2006. The expiation fee has since been increased to $227 due to the annual adjustments to fees and charges.

As a result, there is now a significant inconsistency with the expiation fee for the same offence committed in a private parking area under the Private Parking Areas Regulations 2001, which is currently $78.

It has not been possible to increase the expiation fee for parking in a disabled persons parking space without a valid permit as provided for in the Private Parking Areas Regulations 2001 to bring it into line with the fee under the Road Traffic (Miscellaneous) Regulations 1999, because the maximum penalty for parking offences under the Private Parking Areas Act 1986 is $200. This penalty has not been increased since the Act was passed in 1986. Clearly an expiation fee cannot be greater than the maximum possible penalty.

The Government has approved amending the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999 to increase the maximum penalty for parking and stopping offences under the Australian Road Rules from $500 to $1,250.

The impact of the proposed increase (to $1,250) in the maximum penalty that a court might impose under the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999 and the Private Parking Areas Act 1986 is expected to be minimal because few parking or stopping offences are prosecuted. The vast majority are expiated.

It is desirable that maximum penalties and expiation fees for comparable offences be the same irrespective of the piece of legislation applicable. Accordingly, this Bill provides that the maximum fine for parking offences under the Private Parking Areas Act 1986 be brought into line with those under the Australian Road Rules.

Following the passage of this Bill it is intended that the Private Parking Regulations 2001 be varied to make the expiation fee for parking in a disabled persons parking space without a permit under this Act consistent with the expiation fee for the same offence under the Road Traffic Act 1961. The Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999 will also be varied thus making the maximum fine under both pieces of legislation consistent with the other.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Private Parking Areas Act 1986

4—Amendment of section 6—Offences

This clause amends section 6(2) to increase the maximum penalty for the relevant offences to a fine of $1,250, up from the current $200.

5—Amendment of section 8—Offences—driver and owner to be guilty

This clause amends section 8(9) to increase the maximum penalty for the relevant offence to a fine of $1,250, up from the current $200.

6—Amendment of section 15—Regulations

This clause amends section 15(2)(b) to increase the maximum penalty for an offence under the regulations to a fine of $1,250, up from the current $200.

Debate adjourned on motion of Hon. T.J. Stephens.

At 17:09 the council adjourned until Tuesday 20 November 2007 at 14:15.