Northern Territory Repealed Regulations

This legislation has been repealed.

NORTHERN TERRITORY UNIVERSITY (SITE AND TRAFFIC) BY-LAWS

NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY UNIVERSITY UNIVERSITY (SITE AND TRAFFIC) BY-LAWS

As in force at 26 February 2003

TABLE OF PROVISIONS

By-law

1. Citation

2. Definitions

3. Delegation

4. Access to site

5. Signs, &c.

6. Reservation of parking spaces

7. General powers of authorised officers

8. Offences in relation to the site

9. Offences in relation to vehicles

9A. Illegally parked bicycles may be clamped

10. Owner onus

11. Fixed penalties

11A.Proceedings for offences

12. Abandoned vehicles

13. Restriction on proceedings under Northern Territory University (Student Conduct) By-laws

Notes

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the By-laws as in force at 26 February 2003. Any amendments that may come into operation after that date are not included.

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NORTHERN TERRITORY UNIVERSITY (SITE AND TRAFFIC) BY-LAWS

By-laws under the Northern Territory University Act

1. Citation

These By-laws may be cited as the Northern Territory University (Site and Traffic) By-laws.

1. Definitions

In these By-laws, unless the contrary intention appears –

"authorised officer" means a person appointed by the Vice-Chancellor in writing to be an authorised officer for the purposes of these By-laws;

"control device" means a sign, signal, mark, notice, structure, or device erected, installed, placed, or displayed on the site pursuant to an authorisation under by-law 5(1);

"designated non-smoking area" means an area on the site designated by the Vice-Chancellor as an area in which smoking is prohibited;

"driver", in relation to a vehicle, includes rider, and "drive" shall be construed accordingly;

"fixed penalty notice" means a notice under by-law 11(3);

"owner", in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Motor Vehicles Act or under an enactment in force in any other part of the Commonwealth;

"park", in relation to a vehicle, means to permit the vehicle (whether unattended or not) to remain stationary otherwise than –

(a) where required or directed to do so by a control device or an authorised officer; or

(b) in the course of picking up or setting down passengers or loading or unloading goods;

"Registrar" means the Registrar of the University, and includes any person for the time being acting in or performing the duties of the office of Registrar, and any officer of the University for the time being authorised by the Vice-Chancellor in writing to act as Registrar for the purposes of these By-laws;

"site" means land or a building the property of or under the control of the University;

"vehicle" means a conveyance or carriage, whether or not capable of self-propulsion and whether or not capable of registration under the Motor Vehicles Act, and includes a bicycle but does not include a wheelchair or a perambulator.

1. Delegation

The Vice-Chancellor may, pursuant to section 43 of the Act, delegate any of the Vice-Chancellor's powers and functions under these By-laws to a Deputy Vice-Chancellor or to the Registrar.

1. Access to site

(1) Subject to these by-laws, a person shall not enter or remain upon any part of the site unless the person is –

(a) a member of the Council; and

(b) a member of the staff of the University;

(c) a person pursuing a course of study or undertaking research at the University; or

(d) a person who enters or remains on the site for any lawful purpose.

(2) The Vice-Chancellor may declare any part of the site closed to all persons or to any person or class of persons for such period as the Vice-Chancellor thinks fit.

1. Signs, &c.

(1) The Vice-Chancellor may authorise the erection, installation, placing, or display on the site of such signs, signals, marks, notices, structures, and devices as the Vice-Chancellor considers necessary or desirable for the purpose of –

(a) regulating or controlling traffic on the site including the parking of vehicles, and the regulation and control of vehicles picking up or setting down passengers or loading or unloading goods;

(b) prohibiting the entry onto the site of vehicles of any class or description; or

(c) regulating or controlling any other activity on the site.

(2) For the purposes of these By-laws and of any proceedings for an offence against them a sign, signal, mark, notice, structure, or device capable of being the subject of an authorisation under clause (1) shall be presumed to be erected, installed, placed, or displayed pursuant to such an authorisation unless the contrary is proved.

1. Reservation of parking spaces

Where an authorisation under by-law 5(1) reserves specified parking spaces for the use of persons who are members of a specified group or groups or for vehicles of a specified type or types, the Vice-Chancellor may also determine the method by which such persons or vehicles may be readily identified and the amount of any fee payable in respect of such use.

1. General powers of authorised officers

An authorised officer may –

(a) require any person on the site to furnish the person's true name and address, and to provide some means of identification of the person;

(b) take or cause to be taken such action as the authorised officer considers appropriate to ensure compliance with these by-laws, including the giving of warnings or directions;

(c) give to the driver or person in charge of a vehicle such directions as appear to the authorised officer necessary or desirable for the purpose of regulating or controlling the movement of traffic on the site, including directions which are at variance with a prohibition or requirement indicated by a control device;

(d) authorise the driver or person in charge of a vehicle to do anything which, but for such authorisation, would constitute an offence against these By-laws;

(e) require the driver or person in charge of a vehicle to remove the vehicle from the site; and

(f) in the case of an unattended vehicle which is –

(i) at a place on the site to which its entry is prohibited by or under these By-laws; or

(ii) parked on the site in contravention of these By-laws,

take or cause to be taken such action as the authorised officer considers appropriate for the purpose of moving the vehicle elsewhere on the site.

1. Offences in relation to the site

(1) Subject to these By-laws, it is an offence for a person –

(a) to be on the site in contravention of a declaration by the Vice-Chancellor under by-law 4(2);

(b) to contravene or fail to comply with a requirement of an authorised officer under by-law 7(a) or a direction by an authorised officer under by-law 7(b) or 7(c);

(c) except where authorised by the Vice-Chancellor –

(i) to bring or keep or cause to be brought or kept or consumed any intoxicating liquor on the site;

(ii) to remove, alter, deface, damage, or otherwise interfere with a control device, building, or other thing on the site;

(iii) to have in possession, carry, or discharge any fire-arm;

(iv) to have in possession, set off, or throw any firework;

(v) to kindle or make any fire, except in a fireplace provided; or

(vi) to throw or discharge any stone or other missile;

(d) except in relation to the posting of notices on noticeboards provided for the purpose or the distribution of matter in the course of lawful and customary University or student activities –

(i) to post, stick, or otherwise affix to any part of the site, or give out or distribute any placard, handbill, notice, advertisement, or other written, printed, stencilled, or graphic matter; or

(ii) to write, draw, print, or paint on or deface any part of the site;

(e) except where authorised by the Vice-Chancellor –

(i) to sell, expose, or offer for sale, lease, or hire, or solicit orders for the purchase, lease, or hire, of any goods, wares, or merchandise, or any other article or thing; or

(ii) to organise, arrange, advertise, manage, or control any fete, picnic, concert, display (including displays of film or television), or performance to be held on the site;

(f) to smoke in a designated non-smoking area;

(g) to throw, deposit, or leave on the site any rubbish, refuse, paper, bottles, or litter of any kind, except in a receptacle provided for the purpose;

(h) to use any insulting, abusive, threatening, profane, indecent, or obscene language or to behave in a riotous, violent, disorderly, indecent, obscene, offensive, threatening, or insulting manner on the site;

(j) except where incidental to the lawful and customary activities of the University, students, or staff, or where authorised by the Vice-Chancellor, to organise, arrange, advertise, manage, or control any meeting, conference, discussion, speech, preaching, or ceremony on the site;

(k) to obstruct –

(i) any member of the staff of the University or member of the police force in the discharge of their duty; or

(ii) any person in the exercise and enjoyment of any lawful activity while lawfully on the site;

(m) except in the course of the person's duty or where authorised by the Vice-Chancellor –

(i) to cut, break, deface, pick, remove, destroy, or injure any tree, shrub, plant, or flower;

(ii) to remove, damage, or interfere with any stake or label on or near any tree, shrub, plant, or flower; or

(n) except for a guide or hearing dog escorting a visually or hearing impaired person or in the course of the person's duty or in connection with a course of study or for the purpose of consulting a member of the staff, to bring or cause to remain on the site any mammal, bird, reptile, fish, or insect;

(p) to disturb, frighten, shoot at or throw missiles at any bird, fish, or other animal on the site or otherwise attempt to capture, or kill any bird, fish, or other animal on the site; or

(q) to bet or offer to accept a bet or to play cards for money or to engage in any form of gambling on the site.

Penalty: $1,000

1. Offences in relation to vehicles

(1) Subject to these By-laws, it is an offence for a driver or person in charge of a vehicle –

(a) to contravene or fail to comply with a prohibition or requirement indicated by a control device;

(b) without prejudice to the generality of paragraph (a) –

(i) to park the vehicle in any area in which parking bays are marked or otherwise indicated otherwise than wholly within a bay; or

(ii) in the case of a motor cycle, motor scooter or bicycle, to park it in a space which, notwithstanding that it is marked or otherwise indicated as a parking bay, is of a size appropriate for the parking of a four-wheel vehicle;

(c) to park the vehicle so as to obstruct other vehicles;

(d) on joining a roadway from a parking area, to fail to give way to vehicles using the roadway;

(e) to drive or take the vehicle onto any recreation area, nature strip, garden, lawn, footpath or other part of the site which is not constructed for use by vehicles;

(f) to drive the vehicle at a speed exceeding 40 km/h or, on any part of the site with respect to which a lower limit is indicated by a control device, that limit;

(g) to drive the vehicle negligently or recklessly, or in a manner dangerous to other users of the site, or without due care and consideration for other users;

(h) to drive the vehicle so as to cause excessive noise; or

(j) to abandon the vehicle on the site.

Penalty: $1,000

(1A) In respect of an offence against clause (1)(a) or (g), a reference in clause (1) to a driver or person in charge of a vehicle is to be read as including a reference to the following:

(a) a person riding a skateboard, scooter or similar device that is propelled by the person pushing his or her foot against the ground;

(b) a person using roller-skates, roller-blades or similar devices that are attached to the person's feet to assist the person's propulsion,

and clause (1)(a) and (g) applies (with the necessary changes) accordingly.

(2) A person's act or omission does not constitute an offence under clause (1) by reason of any of paragraphs (a) to (f) of that clause if directed or authorised by an authorised officer under by-law 7(b), (c), or (d).

(3) This by-law does not apply to the entry and use on the site of an emergency vehicle.

9A. Illegally parked bicycles may be clamped

(1) Where a bicycle is parked in contravention of –

(a) a prohibition or requirement indicated by a control device; or

(b) by-law 9(1)(b),

an authorised officer may attach to the bicycle a clamp or other device that prevents the bicycle from being removed.

(2) An authorised officer must remove a clamp or other device that is attached to a bicycle under clause (1) if requested to do so by the owner of the bicycle.

1. Owner onus

(1) Subject to clauses (2) and (3), where an offence against these

by-laws is committed in respect of a vehicle, the owner of the vehicle at the time of the offence shall be deemed to have committed the offence whether or not the owner in fact committed it.

(2) Nothing in this by-law affects the liability for an offence of an actual offender who is not the owner of the vehicle, but the owner and the actual offender shall not both be liable for the same offence.

(3) The owner of a vehicle shall not be deemed to have committed an offence by virtue of clause (1) if –

(a) where the owner has been served with a fixed penalty notice in relation to the offence, the owner furnishes to the appropriate member of staff, not later than 14 days after the notice is served, a statutory declaration stating facts which prove to the satisfaction of that member of staff –

(i) that some other person was in charge of the vehicle at the time when the offence was committed, and that the name and address of that person are as set out in the declaration;

(ii) that the owner sold the vehicle before the offence was committed to a person or through an agent whose name and address are as so set out; or

(iii) that the owner was unable to exercise any control over the vehicle when the offence was committed because it had been stolen, or was being used without the owner's consent; or

(b) whether or not the owner has been served with a fixed penalty notice, the court hearing the matter is satisfied that the owner was not in charge of the vehicle when the offence was committed.

(4) For the purposes of clause (3)(a), the appropriate member of staff is the member of the staff of the University holding, acting in or performing the duties of the position of Head of Security.

1. Fixed penalties

(1) The Council may, by resolution –

(a) specify those offences against these by-laws that may be dealt with by way of a payment of a fixed penalty rather than by prosecution; and

(b) determine an amount not exceeding $50 payable as a fixed penalty in respect of each such offence.

(2) Subject to any resolution of the Council as to whether an offence against these by-laws should be proceeded against by way of a warning to the offender, the payment of a fixed penalty, or by prosecution, where it appears to an authorised officer that a fixed penalty offence against these By-laws has been committed, that officer may –

(a) in relation to an offence committed in respect of a vehicle –

(i) fix or place in a conspicuous position on the vehicle;

(ii) hand to the driver or person in charge of the vehicle; or

(iii) send or cause to be sent by post to the owner of the vehicle at the owner's last known address; or

(b) in relation to an offence committed in respect of any other matter –

(i) hand or cause to be delivered to the offender; or

(ii) send or cause to be sent by post to the offender at that person's last known address,

a fixed penalty notice.

(3) A fixed penalty notice –

(a) is to be identified by a serial number;

(b) is to be addressed to the alleged offender;

(c) if the offence is in respect of a vehicle – is to describe the vehicle and state its registration number (if any);

(d) is to allege that an offence against these By-laws has been committed, describing in general terms the nature of the alleged offence and specifying the fixed penalty payable in respect of that offence;

(e) is to contain a statement to the effect that –

(i) the alleged offender may expiate the alleged offence and avoid enforcement action under the Fines and Penalties (Recovery) Act if he or she pays the fixed penalty to the University within 14 days after the fixed penalty notice is issued; and

(ii) if the alleged offender pays the fixed penalty within the period specified in the fixed penalty notice, the University will take no further action in relation to the offence;

(f) is to contain a statement that a levy of $10 as a contribution to the Victims' Assistance Fund under the Crimes (Victims Assistance) Act is imposed on an alleged offender who pays the fixed penalty;

(g) is to contain a statement to the effect that if the alleged offender does not pay the fixed penalty within the period specified in the fixed penalty notice and does not serve on the University a statement of election to have the matter dealt with by a court (as contained in the fixed penalty notice), unless the fixed penalty notice is withdrawn –

(i) the Fines and Penalties (Recovery) Act will apply and the alleged offender may be served with a courtesy letter in accordance with that Act requiring payment of the fixed penalty together with the costs in respect of the issue of that letter; and

(ii) if the alleged offender does not make the payment as required by a courtesy letter, enforcement action may be taken against him or her under the Fines and Penalties (Recovery) Act which, after due process, may result in the suspension of the alleged offender's licence to drive, the seizure of property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached;

(h) is to contain a statement to the effect that the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under the Fines and Penalties (Recovery) Act by completing a statement of election (as contained in the fixed penalty notice) and serving it on the University;

(i) is to contain a statement of election, for completion by the alleged offender if he or she elects to have the matter dealt with by a court, that includes the information required by regulation 7(1) of the Fines and Penalties (Recovery) Regulations; and

(j) if the alleged offence is in respect of a vehicle – is to contain a statement that includes information about the liability of the owner of the vehicle, and the statutory declaration that may be furnished by the owner of the vehicle, as specified in by-law 10.

(4) No prosecution shall be brought against any person for an offence against these By-laws in respect of which a penalty has been paid pursuant to a fixed penalty notice.

(5) A fixed penalty notice issued to an alleged offender may be withdrawn at any time before a courtesy letter is served on that person under the Fines and Penalties (Recovery) Act, but only if the University has not received payment of the fixed penalty specified in the fixed penalty notice.

(6) The withdrawal of a fixed penalty notice is effected when an authorised officer serves on the alleged offender a notice of withdrawal stating –

(a) that the fixed penalty notice is withdrawn; and

(b) that the fixed penalty specified in the fixed penalty notice is no longer payable to the University.

(7) For the purposes of this clause, "alleged offender" means the person to whom a fixed penalty notice is issued under clause (2).

11A. Proceedings for offences

(1) A prosecution for an offence against these By-laws shall be commenced by, and prosecuted in, the name of the Registrar or a person authorised to institute a prosecution on behalf of him or her.

(2) The production of a document purporting to be signed by the Registrar purporting to authorise a person to institute a prosecution is evidence of the authority of that person to institute that prosecution.

1. Abandoned vehicles

(1) Where it appears to an authorised officer that a vehicle on the site has been abandoned, the authorised officer may remove the vehicle, or cause it to be removed, to such place on or off the site as the authorised officer considers appropriate.

(2) As soon as practicable after a vehicle has been removed under clause (1), the authorised officer shall, if able to ascertain its owner's name and address, notify the owner in writing of the removal and require the vehicle to be collected from the place specified in the notice within 7 days after the date of the notice.

(3) Where a vehicle has been removed under clause (1) and –

(a) the owner of the vehicle fails to collect it within the time allowed by a notice under clause (2); or

(b) the authorised officer is unable to ascertain a name and address for the giving of such a notice,

the authorised officer shall, on two separate occasions, give notice of the vehicle's removal, of the place where it may be collected, and of the fact that it will be disposed of if not collected, in a newspaper circulating in the locality of Darwin.

(4) Where the owner of a vehicle fails to collect it within 28 days after the date of publication of the second of the notices required by clause (3), the authorised officer may cause the vehicle to be sold or otherwise disposed of in such manner as the authorised officer thinks fit.

(5) The authorised officer shall pay to the University out of money arising from the sale of a vehicle under clause (4) such amount as the officer considers reasonable to reimburse the University for costs incurred in connection with the vehicle, and any residue shall form part of the revenue of the University unless claimed within six months after the sale by the owner of the vehicle at the time of its removal under clause (1) or a person claiming through that owner.

1. Restriction on proceedings under Northern Territory University (Student Conduct) By-laws

A student of the University shall not be proceeded against under the Northern Territory University (Student Conduct) By-laws for having committed an offence against these By-laws if, within 14 days beginning with the date of a fixed penalty notice relating to the offence, he or she has paid the penalty specified in the notice.

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Notes

1. The Northern Territory University (Site and Traffic) By-laws, in force under the Northern Territory University Act, comprise By-laws made on

15 December 1988 and amendments made by other legislation, the details of which are specified in the following table:

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