Bills Digest no. 1 1976
Airports (Surface Traffic) Amendment Bill 1976
Amends principal Act: Airports (Surface Traffic) Act, 1960
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Summary
Implications
Contact Officer & Copyright Details
Passage History
Airports
(Surface Traffic) Amendment Bill 1976
Date introduced: 21 October 1976
House: House of Representatives
Portfolio: Transport
Commencement: On the day of Royal Assent
Control of parking, and levy of fees and fines for parking
and vandalism in Commonwealth airports. Amending Bill increases fines,
and provides for means of disposal of vehicles, requiring payment of cost
by the owner of the vehicle.
(i) Parking fees are a recoverable debt to the Commonwealth
(Clause 4 amends Section 6(3)).
(ii) Fines for illegal parking and vandalism increased
from $40 to $100. (Clause 5 amends Section 3).
(iii) Continuous parking longer than 'permitted period'
is a separate offence for each period equal to 'permitted period'. (Clause
5 amends Section 8).
(iv) Vehicles parked illegally may be removed, and owners
(corporate or individual) notified, by registered letter or newspaper
notice. If owner does not pay expenses incurred in removal within one
month, the Secretary may sell by public tender or dispose of it "in
such manner as he thinks fit". Proceeds to disposal to Consolidated
Revenue; owner may claim remainder above liabilities. (Clause 6 amends
Section 9).
(v) Removes right of owner to action for damages for
loss or damage not wilful or negligent. (Clause 7 inserts new Section
9A).
(vi) It is a defence to a parking prosecution if vehicle
was stolen or not in control of owner. (Clause 8 amends Section 11).
(vii) Parking fines increased from $4 to $10. (Clause 9
amends Section 13).
(viii) Authorized person may require production of licence;
penalty increased from $40 to $100. (Clause amends Section 14).
(ix) Penalty for failure to comply with direction from
authorized persons increased from $40 to $100. (Clause 11 amends Section
15).
(x) Attendance of Transport Department officers shall
not be required in. undefended prosecutions. (Clause 12 amends Section
17).
Administrative machinery measure. Only questionable provisions
are discretion to Secretary in disposal of vehicle, (Section 6) and removal
of any rights to sue for damages (Section 7).
Neither of these provisions make an exception in the case
of vehicles stolen or used other than under the control of owners. While
Section 8 provides that these circumstances provide a defence against
fines being levied on the owner, the Bill as drafted makes it possible
for a vehicle to be stolen, or used in an unauthorized way, parked illegally
in an airport, and then be (i) damaged or lost by an officer of the Department
when removing it, without a right to sue for remedies for damage or loss
and (ii) disposed of at a price suitable to the Department, which may
involve substantial loss on the market value of the vehicle. There are
no procedures for an independent valuation of the vehicle in any circumstances.
The Secretary’s right of discretion could become the basis of a 'kick-backs'
racket.
Principal Act: Airports (Surface Transport) Act,
1960.
Parliamentary Political Science Fellow
26 October 1976
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2006
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