AIRPORTS (SURFACE TRAFFIC) ACT 1960
- Reprinted as at 30 April 1987 (HISTACT CHAP 329 #DATE 30:04:1987)
*1* The Airports (Surface Traffic) Act 1960 as shown in this reprint comprises
Act No. 40, 1960 amended as indicated in the Tables below.
Table of Acts
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-
Act Number
and year Date
of Assent Date of
commencement Application,
saving
or
transitional
provisions
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-
Airports (Surface
Traffic) Act 1960 40, 1960 10 June
1960 8 Aug 1960 (see
Gazette 1960, p.
2625)
Statute Law Revision
(Decimal Currency) Act
1966 93, 1966 29 Oct 1966
1 Dec 1966 -
Statute Law Revision Act
1973 216, 1973 19 Dec 1973
31 Dec 1973 Ss. 9 (1)
and
10
Air Navigation Act 1974 124, 1974 3 Dec 1974 Ss. 1-3, 6 (2), 8,
11, 12 (2) and
(3): Royal Assent
Ss. 4, 5, 6 (1)
and 10: 1 Apr 1976
(see Gazette 1976,
No. S55, p. 1)
Ss. 7, 9, 12 (1)
and 13: 1 Mar 1975
(see Gazette 1975,
No. S36, p. 1) S. 13
Airports (Surface
Traffic) Amendment Act
1976 125, 1976 24 Nov 1976
24 Nov 1976 -
Statute Law
(Miscellaneous
Amendments) Act (No. 2)
1982 80, 1982 22 Sept
1982 Part LXXVII
(s. 280): Royal
Assent (a) S. 280 (2)
and
(3)
Statute Law
(Miscellaneous
Amendments) Act (No. 1)
1983 39, 1983 20 June
1983 S. 3: 18 July 1983
(b) S. 7 (1) and
(5)
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1983 91, 1983 22 Nov 1983
S. 3: 20 Dec 1983
(c) S. 6 (1)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1985 65, 1985 5 June 1985
S. 3: 3 July 1985
(d) -
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-
(a) The Airports (Surface Traffic) Act 1960 was amended by Part LXXVII
(section 280) only of the Statute Law (Miscellaneous Amendments) Act (No.
2)
1982, sub-section 2 (1) of which provides as follows:
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI,
XLIV,
LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which
this Act receives the Royal Assent."
(b) The Airports (Surface Traffic) Act 1960 was amended by section 3 only
of
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section
2(1)
of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(c) The Airports (Surface Traffic) Act 1960 was amended by section 3 only
of
the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, sub-section 2
(1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(d) The Airports (Surface Traffic) Act 1960 was amended by section 3 only
of
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, sub-section 2
(1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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Provision affected How affected
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S. 3 ............... am. No. 216, 1973; No. 124, 1974; No. 125, 1976; No.
80,
1982; No. 39, 1983; No. 65, 1985
S. 4 ............... am. No. 216, 1973
S. 5 ............... am. No. 124, 1974; No. 125, 1976
S. 6 ............... am. No. 93, 1966; No. 124, 1974; No. 125, 1976; No. 65,
1985
S. 7 ............... am. No. 124, 1974
S. 8 ............... am. No. 93, 1966; No. 125, 1976; No. 65, 1985
S. 9 ............... am. No. 93, 1966; No. 124, 1974; No. 125, 1976; No. 65,
1985
S. 9A .............. ad. No. 125, 1976
am. No. 65, 1985
S. 10 .............. am. No. 125, 1976
S. 11 .............. am. No. 125, 1976; No. 65, 1985
S. 12 .............. am. No. 216, 1973; No. 65, 1985
S. 13 .............. am. No. 93, 1966; No. 216, 1973; No. 124, 1974; No.
125,
1976; No. 91, 1983
S. 14 .............. am. No. 93, 1966; No. 125, 1976; No. 65, 1985
S. 15 .............. am. No. 93, 1966; No. 125, 1976
S. 16 .............. am. No. 216, 1973; No. 124, 1974; No. 125, 1976; No.
65,
1985
S. 17 .............. am. No. 124, 1974; No. 125, 1976; No. 65, 1985
S. 18 .............. am. No. 216, 1973
S. 19 .............. am. No. 124, 1974; No. 125, 1976
S. 20 .............. am. No. 124, 1974
S. 21 .............. am. No. 125, 1976; No. 39, 1983
S. 22 .............. am. No. 93, 1966; No. 125, 1976; No. 65, 1985
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AIRPORTS (SURFACE TRAFFIC) ACT 1960 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Extension of Act to Territories
5. Act to bind Crown
6. Parking, &c., of vehicles at airports
7. Authorised persons
8. Offences
9. Removal and sale of vehicles
9A. Actions not to lie in certain circumstances against Commonwealth in
respect of loss or damage in relation to vehicles removed
10. Defence in case of vehicle standing in certain circumstances for
limited time
11. Liability of owner and actual offender for parking infringement
12. Evidence of registration of motor vehicle
13. Parking infringement notices
14. Production of licence, &c., on request by authorised person
15. Authorised person may give directions
16. Institution of summary prosecution
17. Evidence of certain matters
18. Application of laws of States and Territories
19. Arrangements with the States
20. Delegation
21. Annual report
22. Regulations
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - LONG TITLE
SECT
An Act to make Provision with respect to the Control of Surface
Traffic at Airports
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 1
Short title
SECT
1. This Act may be cited as the Airports (Surface Traffic) Act 1960.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears-
"airport" means-
(a) an aerodrome owned or held under lease by the Commonwealth, or
owned
by the Crown in right of a Territory or by the Administration of a Territory,
and operated in pursuance of the Air Navigation Act 1920 or of the regulations
under that Act; or
(b) such part of an aerodrome owned or held under lease by the
Commonwealth and under the control of a part of the Defence Force as is made
available for civil aviation purposes in pursuance of arrangements made under
section 18 of that Act;
"authorized person" means-
(a) a person authorized by the Secretary, in pursuance of section 7, to
exercise the power or function in relation to which the expression is used;
or
(b) a member or special member of the Australian Federal Police or a
member of the police force of a State or Territory;
"owner", in relation to a vehicle-
(a) in the case of a vehicle that is registered in the name of a person
under the law of a State or Territory relating to the registration of motor
vehicles-means that person;
(b) in the case of a vehicle that is registered in a business name
under
such a law-means the person who carries on business under the business name;
or
(c) in the case of any other vehicle-includes every joint or part owner
of the vehicle and any person who has possession and use of the vehicle under
or subject to a hire-purchase agreement or bill of sale;
"parking area" means an area, within an airport, indicated by a sign or
notice displayed in pursuance of section 6 to be an area in which persons are
permitted to park vehicles;
"parking fee" means the fee that is payable in accordance with a sign or
notice displayed in pursuance of section 6 in respect of parking a vehicle or
causing a vehicle to stand in a parking area or parking position;
"parking infringement" means a contravention of paragraph 8 (1) (a) or (b);
"parking position" means a position, within an airport, indicated by a sign
or notice displayed in pursuance of section 6 to be a position in which a
person is permitted to park a vehicle;
"parking ticket", in relation to a vehicle within a parking area, means a
ticket or other document indicating the date on which and the time at which
the vehicle entered the parking area;
"road" means street, road, lane, thoroughfare or place open to, or used by,
the public for passage with vehicles;
"Secretary" means the Secretary to the Department;
"vehicle" includes-
(a) a trailer, caravan or portion of an articulated vehicle; and
(b) an object that was designed or adapted for use as a vehicle but is
incapable of being so used by reason that-
(i) a part has, or parts have, been removed from it; or
(ii) it is in a wrecked or damaged condition.
(2) Any reference in this Act to causing a vehicle to stand, or keeping a
vehicle standing, shall be read as a reference to causing or permitting the
vehicle to remain stationary while under the control of the driver of the
vehicle.
(3) Any reference in this Act to parking a vehicle, or leaving a vehicle
parked, shall be read as a reference to causing or permitting the vehicle to
remain stationary while not under the control of the driver of the vehicle.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 4
Extension of Act to Territories
SECT
4. This Act extends to every Territory.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 5
Act to bind Crown
SECT
5. (1) This Act binds the Crown in right of the Commonwealth or of any
State.
(2) Nothing in this Act shall be deemed to subject the Crown in right of the
Commonwealth or of a State to liability to be prosecuted for an offence, but
this sub-section does not affect any liability of a person in the employment
of the Crown to be so prosecuted.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 6
Parking, &c., of vehicles at airports
SECT
6. (1) The Secretary may determine and, by means of signs or notices
prominently displayed, with or without reference to lines or marks, indicate
or notify-
(a) areas and positions within an airport in which persons are, or are not,
permitted to park vehicles or cause vehicles to stand;
(b) the days and hours during which, the periods for which, and the
conditions under which, persons are, or are not, permitted to park vehicles or
cause vehicles to stand in parking areas or parking positions or keep vehicles
standing in specified positions; and
(c) the fee (if any) to be paid in respect of parking a vehicle or causing
a vehicle to stand in a parking area or parking position.
(2) The amount of any parking fee determined and notified in pursuance of
sub-section (1) shall not exceed 20 cents, or such other amount as is
prescribed, per hour.
(3) For the purposes of sub-section (2) and of any sign or notice displayed
in pursuance of sub-section (1), a fee of a particular amount per hour shall
be taken to be-
(a) in the case of a vehicle parked or kept standing for a period of an
hour or less than an hour-a fee of that amount; or
(b) in the case of a vehicle parked or kept standing for a period of more
than an hour-a fee of that amount for each complete hour, and for any part of
an hour after the last or only complete hour.
(3A) An amount payable by a person as a parking fee is a debt due by the
person to the Commonwealth and may be recovered by action in a court of
competent jurisdiction.
(4) A determination made, and a sign or notice displayed, in pursuance of
sub-section (1) may relate to vehicles generally, to vehicles included in a
specified class or description of vehicles, or to vehicles being used for a
particular purpose or by a specified transport service or by specified
persons.
(5) Where the sign or notice indicating a parking area or parking positions
has inscribed upon it the words "Meter Parking", or otherwise indicates or
directs that the parking fee is to be paid by means of a meter, a person who
parks a vehicle or causes a vehicle to stand in such an area or position shall
pay the parking fee by inserting the necessary coins in the meter nearest to
the vehicle or, in the case of a parking area entry to or exit from which is
controlled by meter-operated gates, in the meter operating those gates.
(6) Where the sign or notice indicating a parking area or parking positions
does not indicate or direct that the parking fee is to be paid by means of a
meter, a person who parks a vehicle or causes a vehicle to stand in that area
or one of those positions shall pay the parking fee to the authorized person
who is for the time being collecting parking fees in respect of the parking
area or parking positions.
(7) Where a sign or notice of a kind referred to in this section is
displayed within an airport, the sign or notice shall, unless the contrary is
proved, be deemed to be in accordance with a determination under this section
and to be duly displayed in accordance with this section.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 7
Authorised persons
SECT
7. (1) For the purposes of this Act, the Secretary may, by writing under his
hand, authorize a person, or persons included in a specified class of persons,
to exercise all or any of the powers and functions conferred by this Act upon
authorized persons.
(2) The Secretary shall cause each authorized person to be provided with an
appropriate means of identifying himself as an authorized person.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 8
Offences
SECT
8. (1) A person shall not-
(a) park a vehicle, or cause a vehicle to stand, in contravention of the
terms of a sign or notice displayed in pursuance of section 6;
(b) park a vehicle or keep a vehicle standing in a parking area or parking
position for a period unless he has first paid the parking fee in respect of
that period in the manner provided by section 6;
(c) remove, damage, tamper with or disfigure a parking meter or a sign or
notice displayed in pursuance of section 6 or any other plant, machinery,
equipment or article installed or used for the purpose of controlling the
parking of vehicles at an airport; or
(d) insert anything in a parking meter other than the coins necessary to
pay the parking fee.
Penalty: $100.
(2) Where a person leaves a vehicle parked or keeps a vehicle standing in a
parking area or parking position referred to in sub-section 6 (5) (other than
an area entry to or exit from which is controlled by meter-operated gates) at
a time when the parking meter nearest to the vehicle is displaying the
indicator bearing the word "Expired", that person shall, unless the contrary
is proved, be deemed to have failed to pay the parking fee.
(3) In the case of a vehicle that is parked or kept standing in a parking
area exit from which is controlled by meter-operated gates, a person shall be
deemed not to have committed an offence under paragraph (1) (b) if he has paid
the parking fee before removing the vehicle from the area.
(4) In the case of a vehicle that is parked or kept standing in a parking
area where a sign or notice displayed in pursuance of section 6 indicates that
parking fees are to be paid to an authorized person at the exit from that
parking area, a person shall be deemed not to have committed an offence under
paragraph (1) (b) if he has paid the parking fee to an authorized person
before or while removing the vehicle from that area.
(5) Where-
(a) a person leaves a vehicle parked or keeps a vehicle standing in a
parking area or parking position in respect of which a sign or notice
displayed in pursuance of section 6 indicates that parking in that area or
position is permitted for a period indicated on the sign or notice (in this
sub-section referred to as the "permitted period"); and
(b) the person leaves the vehicle parked or keeps the vehicle standing in
that area or position for a period equal to the permitted period and for a
further continuous period that is equal to the permitted period or for 2 or
more further continuous periods each of which is equal to the permitted
period, the person shall be deemed to have committed a separate and further
offence against paragraph (1) (a) in respect of his leaving the vehicle parked
or keeping the vehicle standing, as the case may be, in that area or position
for that further period or for each of those further periods.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 9
Removal and sale of vehicles
SECT
9. (1) Where a parking infringement is being committed in relation to a
vehicle, an authorized person may direct the driver of the vehicle or any
other person in control of the operation of the vehicle to remove the vehicle
forthwith from the place where it is parked or kept standing.
(2) A person to whom a direction is given in pursuance of sub-section (1)
shall not, without reasonable excuse, refuse or fail to comply with the
direction.
Penalty: $100.
(3) Where a parking infringement is being committed in relation to a vehicle
and-
(a) the driver or other person in control of the operation of the vehicle
refuses or fails to comply with a direction given in pursuance of sub-section
(1); or
(b) in the case of a parked vehicle, an authorized person cannot, after
taking such steps as are reasonable in the circumstances, communicate with the
driver, the authorized person, with such assistance (if any) as he requires,
may remove the vehicle to an area within the airport approved for the purpose
by the Secretary and indicated by an appropriate sign or notice.
(4) After the removal of a vehicle in accordance with sub-section (3), the
person who removed the vehicle shall, within 21 days after the removal, give
to the owner of the vehicle a notice stating where the vehicle is located and
setting out the terms of sub-section (6).
(5) A notice for the purposes of sub-section (4) may be given-
(a) by being served on the owner personally or by being posted as a
registered letter addressed to the owner at the address of the place of
residence or business of the owner last known to the person who is required to
give the notice; or
(b) if it is not reasonably practicable to give the notice in accordance
with paragraph (a)-by publication of the notice in a newspaper circulating in
the State or Territory in which the vehicle is situated.
(6) If the owner of the vehicle does not, within 1 month after the notice is
given-
(a) pay to the Secretary an amount equal to the expenses incurred in
connexion with the removal and storage of the vehicle and the giving of the
notice; and
(b) remove the vehicle from the place where it is located, the Secretary
may-
(c) by notice published in a newspaper circulating generally in the State
or Territory in which the vehicle is situated and in such other newspapers (if
any) as the Secretary considers appropriate, invite tenders, within a time
specified in the notice, for the purchase of the vehicle; or
(d) if, in the opinion of the Secretary, the vehicle has no commercial
value, cause the vehicle to be disposed of in such manner as he thinks fit.
(7) If no tender is received for the purchase of the vehicle in pursuance of
a notice under sub-section (6) within the time specified in the notice, the
Secretary may cause the vehicle to be disposed of in such manner as he thinks
fit.
(8) A person who acquires a vehicle that is disposed of in pursuance of this
section becomes the owner of the vehicle free of charges and encumbrances.
(9) The proceeds of the disposal of a vehicle under this section shall be
paid into the Consolidated Revenue Fund.
(10) If-
(a) the proceeds of the disposal of a vehicle under this section exceed the
sum of the expenses referred to in sub-section (6) in relation to that vehicle
and the expenses incurred in connexion with the disposal; and
(b) a person who satisfies the Secretary that he was the owner of the
vehicle immediately before it was disposed of applies to the Secretary for a
payment under this sub-section in respect of the vehicle, an amount equal to
the excess shall be paid to the person out of the Consolidated Revenue Fund,
which is appropriated accordingly.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 9A
Actions not to lie in certain circumstances against Commonwealth in respect
of
loss or damage in relation to vehicles removed
SECT
9A. An action does not lie against the Commonwealth, or against an officer,
employee or agent of the Commonwealth acting in the course of his employment,
for or in respect of-
(a) loss of, or damage to, a vehicle during its removal in accordance with
sub-section 9 (3); or
(b) loss of, or damage to, a vehicle so removed while it is in the custody,
possession or control of the Commonwealth or of an officer, employee or agent
of the Commonwealth, other than loss or damage wilfully or negligently caused
by such an officer, employee or agent.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 10
Defence in case of vehicle standing in certain circumstances for limited time
SECT
10. In the prosecution against a person for parking a vehicle or causing a
vehicle to stand, in contravention of the terms of a sign or notice displayed
in pursuance of section 6 (other than a sign or notice indicating that
vehicles are not to be kept standing), it is a defence if the accused person
satisfies the court that the vehicle was left parked or kept standing only for
such time (not exceeding 5 minutes) as was reasonably necessary to take up or
set down a passenger and his luggage (if any).
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 11
Liability of owner and actual offender for parking infringement
SECT
11. (1) Subject to this section, where a parking infringement occurs, the
owner of the vehicle at the time of the occurrence of the infringement shall
be deemed to have committed the infringement, whether or not the owner in fact
committed the infringement.
(2) Nothing in sub-section (1) affects the liability of an actual offender
other than the owner of the vehicle but, where the full amount of the penalty
imposed on a person in respect of a parking infringement has been paid, a
further penalty shall not be imposed on, or recovered from, another person in
respect of the same infringement.
(3) The owner of a vehicle shall not, by virtue of this section, be deemed
to be guilty of an offence if, not later than the date of the hearing of a
summons in respect of the alleged parking infringement or 14 days after the
service on the owner of such a summons, whichever is the earlier, the owner
furnishes to the informant or complainant a statutory declaration made by the
owner or, where the owner is a corporation, by a director, manager or
secretary of the corporation, stating-
(a) in the case where the owner is a corporation-
(i) that no officer of the corporation was in control of the vehicle
at
the time of the alleged infringement; and
(ii) the name and address of the person who was in control of the
vehicle
at that time; and
(b) in any other case-
(i) that the owner was not in control of the vehicle at the time of
the
alleged infringement; and
(ii) the name and address of the person who was in control of the
vehicle
at that time.
(4) In a prosecution against the owner of a vehicle in respect of a parking
infringement it is a defence if the owner satisfies the court that the vehicle
was, at the time of the infringement, stolen or illegally taken or used by
another person.
(4A) In a prosecution against the owner of a vehicle in respect of a parking
infringement, it is a defence if the owner satisfies the court-
(a) in the case where the owner is a corporation-
(i) that no officer of the corporation was in control of the vehicle
at
the time of the alleged infringement; and
(ii) that the owner does not know, and could not with reasonable
diligence have ascertained, the name and address of the person who was in
control of the vehicle at that time; and
(b) in any other case-
(i) that the owner was not in control of the vehicle at the time of
the
alleged infringement; and
(ii) that the owner does not know, and could not with reasonable
diligence have ascertained, the name and address of the person who was in
control of the vehicle at that time.
(5) A statutory declaration furnished, in relation to a parking
infringement, in accordance with sub-section (3) is admissible in evidence in
a prosecution in respect of that parking infringement against the person
stated in the document to have been in control of the vehicle at the time of
the alleged infringement, and is evidence that that person was in control of
the vehicle at that time.
(6) In a prosecution under this Act, a document purporting to be a statutory
declaration furnished in accordance with sub-section (3) shall, unless the
contrary is shown, be taken to be such a statutory declaration, duly made and
furnished.
(7) In this section, "officer", in relation to a corporation, means a
director, secretary or employee of the corporation.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 12
Evidence of registration of motor vehicle
SECT
12. (1) For the purposes of this Act, a document issued by an officer of a
State or Territory having duties in connexion with the law of that State or
Territory relating to the registration of motor vehicles, bearing his written,
stamped or printed signature and stating that, during a specified period or on
a specified date, a motor vehicle described in the document was registered
under that law in the name of a specified person or in a specified business
name is evidence of the matters stated in the document.
(2) In a prosecution for an offence against this Act a document purporting
to be a document referred to in sub-section (1) is admissible in evidence as
such a document without proof of the signature of the person by whom it
purports to have been issued or of the fact that he was an officer referred to
in that sub-section.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 13
Parking infringement notices
SECT
13. (1) Where an authorized person has reason to believe that a parking
infringement has been committed in respect of a vehicle, he may serve or cause
to be served a parking infringement notice in accordance with this section.
(2) A parking infringement notice may be served-
(a) by serving the notice personally upon the person who appears to have
committed the infringement or upon any person who is driving, or appears to be
in control of, the vehicle;
(b) by securely affixing the notice to the vehicle in a conspicuous
position; or
(c) by serving the notice upon the owner of the vehicle personally or by
post.
(3) Where a parking infringement notice is to be served by post upon the
owner of a vehicle, it may be addressed to him-
(a) at his last known place of residence or business; or
(b) in the case of a vehicle registered under the law of a State or
Territory relating to the registration of motor vehicles, at the latest
address of the owner in the record of registration of the vehicle.
(4) In the case of a parking infringement notice that is served by affixing
the notice to a vehicle, the notice shall be addressed to "the owner" of the
vehicle without further description of the owner, and in every other case the
notice shall have clearly shown on its face the full name or the surname and
initials and address of the person upon whom it is served.
(5) Every parking infringement notice served shall clearly show-
(a) the day, time and place of the alleged infringement;
(b) the nature of the alleged infringement;
(c) the amount of the prescribed penalty, and the person, being an officer,
to whom, the place at which, and the manner in which, the penalty may be paid;
and
(d) the date of the notice and a statement that the penalty may be paid
within a period of 14 days after that date, and may contain such other
particulars as the Secretary considers necessary.
(6) Every parking infringement notice shall contain a notification to the
person upon whom it is served that, if he does not wish the matter to be dealt
with by a court, he may make a signed statement to that effect in the manner
indicated in the notice and pay the prescribed penalty.
(7) For the purposes of this section, the prescribed penalty for a parking
infringement is the amount of $25.
(8) Where a parking infringement notice has been served and, before the
expiration of the specified period of 14 days or, where an authorized person
so allows, at any time before service of a summons in respect of the parking
infringement, the amount of the prescribed penalty is paid in accordance with
the notice and a statement, signed by the person upon whom the notice was
served or by the owner of the vehicle, to the effect that he does not wish the
matter to be dealt with by a court is received by the officer to whom the
amount of the penalty is paid-
(a) any liability of any person in respect of the alleged parking
infringement shall be deemed to be discharged;
(b) no further proceedings shall be taken in respect of the alleged
infringement; and
(c) no conviction for the infringement shall be regarded as having been
recorded.
(9) Where the amount of the prescribed penalty is paid by cheque, payment
shall be deemed not to be made unless and until the cheque is honoured upon
presentation.
(10) Except as provided by sub-section (8), nothing in this section in any
way prejudices or affects the institution or prosecution of proceedings in
respect of a parking infringement or limits the amount of the fine that may be
imposed by a court in respect of a parking infringement.
(11) Nothing in this section shall be construed as requiring the service of
a parking infringement notice under this section or as affecting the liability
of a person to be prosecuted in a court in respect of a parking infringement
in relation to which a parking infringement notice has not been served.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 14
Production of licence &c., on request by authorised person
SECT
14. (1) An authorized person may require a person apparently in control of a
motor vehicle within an airport (in this sub-section referred to as the
"driver") to produce his driver's licence for inspection and to state his name
and address if-
(a) in the case of a vehicle which is within a parking area and in respect
of which a parking ticket has been issued-the driver, when requested to do so
by the authorized person, refuses or fails to produce the parking ticket;
(b) the driver states that he is unable to pay a parking fee that is
payable in respect of the vehicle;
(c) the authorized person has reasonable grounds to believe that the driver
may be in possession of the vehicle without the consent of the owner of the
vehicle; or
(d) the authorized person otherwise considers it necessary to do so for the
purposes of this Act or the regulations.
(2) Subject to sub-section (3), a person upon whom a requirement is made
under sub-section (1) shall not refuse or fail to produce his driver's licence
or to state his name and address or state a false name or address.
Penalty: $100.
(3) A person who fails to produce his driver's licence but gives a
reasonable excuse for the failure and, within 7 days after the failure,
produces that licence at such place as is specified by the authorized person
who required its production shall not, in respect of the failure, be deemed to
be guilty of an offence.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 15
Authorised person may give directions
SECT
15. (1) An authorized person may give such reasonable directions to a person
apparently in control of a vehicle or an animal upon a road within an airport,
or to any other person upon such a road, as are in his opinion necessary to
eliminate a cause of danger, of congestion of traffic or of impediment to
traffic or for the purposes of this Act or the regulations.
(2) A person shall not, without reasonable excuse, refuse or fail to comply
with a direction given by an authorized person in accordance with this
section.
Penalty: $100.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 16
Institution of summary prosecution
SECT
16. (1) Proceedings for the prosecution of an offence against this Act or
the regulations shall not be instituted except with the consent of the
Secretary or a person authorized by the Secretary, by writing under his hand,
to give such consents.
(2) Where a prosecution has been instituted by a person described in the
information or complaint as an officer of the Commonwealth, or is conducted by
an officer of the Attorney-General's Department, the prosecution shall, unless
the contrary is proved, be deemed to have been instituted in accordance with
sub-section (1).
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 17
Evidence of certain matters
SECT
17. (1) The Secretary or an officer authorized by the Secretary to issue
certificates under this section may, by writing under his hand, certify that,
on a specified date, an airport, within the meaning of this Act, existed at a
place, and had the boundaries, described, by reference to a map or plan or
otherwise, in the certificate and may, in the certificate, certify as to the
existence, situation and description of any buildings, other structures,
roads, signs, notices, parking areas or parking or other positions within the
precincts of the airport and as to the terms of any sign or notice displayed
in relation to a parking area or parking position.
(1A) For the purposes of any proceeding for an offence against section 8,
being a proceeding in which-
(a) the defendant pleads guilty; or
(b) the defendant does not appear at the time and place fixed for the
hearing of the proceeding, the Secretary or an officer authorized by the
Secretary to issue certificates under this section may, by writing under his
hand, certify as to any matter with respect to the commission of the alleged
offence.
(1B) The reference in paragraph (1A) (b) to the time and place fixed for the
hearing of a proceeding shall, where the hearing of a proceeding has been
adjourned and notice of the time and place to which the hearing has been
adjourned has been given to the defendant or sent to him at his last-known
place of residence or business, be construed as a reference to the time and
place to which the hearing has been so adjourned.
(2) The Secretary or an officer authorized by the Secretary to issue
certificates under this section may, by writing under his hand, certify that
during a specified period or on a specified date, an authority or a delegation
of specified powers and functions under this Act had, or had not, been given,
issued or made and was, or was not, in force.
(3) In all courts a document purporting to be a certificate issued under
this section-
(a) shall, unless the contrary is proved, be deemed to be a certificate
issued under this section by a person empowered by or under this section to
give such certificates;
(b) is evidence of the matters stated in the certificate; and
(c) in the case of a certificate under sub-section (1), is evidence that no
change in those matters has taken place since the date specified in the
certificate.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 18
Application of laws of States and Territories
SECT
18. This Act shall not be construed as intended to exclude the operation of
any law of a State or Territory in which an airport is situated that can
operate without prejudice to the express provisions of this Act or the
regulations and, in particular, of any law of a State or Territory relating to
the registration and equipment of vehicles, the licensing of drivers of motor
vehicles and the rules to be observed by persons driving or in charge of
vehicles or animals, or by pedestrians, on roads.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 19
Arrangements with the States
SECT
19. The Governor-General may, for the purposes of this Act, arrange with the
Governor of a State for the performance of the duties and the discharge of the
functions of authorized persons by members of the police force of the State
and for the payment to be made by the Commonwealth for any such service.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 20
Delegation
SECT
20. (1) The Secretary may, either generally or in relation to a matter or
class of matters and either in relation to all airports or a particular
airport or particular airports, by writing under his hand delegate to a person
or persons all or any of his powers and functions under this Act except this
power of delegation.
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Secretary.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 21
Annual report
SECT
21. The annual report of the Secretary under section 29 of the Air
Navigation Act 1920 shall include a statement showing summarized particulars
of-
(a) revenue collected in respect of parking fees;
(b) prosecutions under this Act;
(c) parking infringements for which penalties were paid under this Act;
and
(d) fines imposed for offences against this Act and penalties paid in
respect of parking infringements.
AIRPORTS (SURFACE TRAFFIC) ACT 1960 - SECT 22
Regulations
SECT
22. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted
to be prescribed or which are necessary or convenient to be prescribed for
carrying out or giving effect to this Act, or for or in relation to the
regulation and control of vehicular, animal or pedestrian traffic within an
airport.
(2) Without limiting the generality of sub-section (1) the regulations may
make provision for or in relation to-
(a) rules to be observed by persons driving or in charge of vehicles or
animals and by pedestrians;
(b) the maximum speeds for vehicles;
(c) rules to be observed, including rules having effect by reference to
signs and safety devices and marks on the surfaces of roads, and the manner of
proof of signs, devices and marks referred to in the regulations;
(d) rules relating to the parking of vehicles;
(e) the maximum size and weight of vehicles that may use roads;
(f) the formal proof and authentication of instruments made or issued under
the regulations; and
(g) the imposition of penalties not exceeding a fine of $200 or
imprisonment for a term not exceeding 3 months, or both, for a contravention
of the regulations.
(3) Any regulation made under this section may be general or may be
restricted as to time, place, vehicles, persons or circumstances.