Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objects of Act
4. Terms used
5. Owner
6. Parking management area (PM area)
7. Parking space
8. Category
9. Exempt circumstances
10. Act binds Crown
PART 2 -- Managing parking in PM area
Division 1 -- Owners of land require parking space approvals for parking spaces
11. Owners of land must not permit parking in unapproved parking spaces
12. Owners of land must not advertise parking without parking space approvals
Division 2 -- Owners of land must comply with parking space approvals
13. Owners of land must not advertise parking except in accordance with parking space approvals
14. Owners of land must ensure compliance with conditions of parking space approvals
Division 3 -- Responsible occupiers require parking space approvals for parking spaces
15. Responsible occupiers must not permit parking in unapproved parking spaces
16. Responsible occupiers must not advertise parking on land without parking space approvals
Division 4 -- Responsible occupiers must comply with parking space approvals
17. Responsible occupiers must not advertise parking on land except in accordance with parking space approvals
18. Responsible occupiers must ensure compliance with conditions of parking space approvals
PART 3 -- Parking space approvals and pre-authorisations
Division 1 -- Application of Part
19. Application of Part when land has more than 1 owner
20. Application of Part when parking space approvals or pre-authorisations are held by more than 1 person
Division 2 -- Applications for and grants of parking space licences
21. Applications for parking space licences
22. Grants of parking space licences without approval from Minister
23. Grants of parking space licences with pre-authorisation
24. Grants of parking space licences with approval from Minister
25. Conditions of parking space licences
26. Duration of parking space licences
27. Information must be given for parking space licences
Division 3 -- Applications for and grants of pre-authorisations
28. Applications for pre-authorisations
29. Grants of pre-authorisations with approval from Minister
30. Conditions of pre-authorisations
31. Duration of pre-authorisations
32. Information must be given for pre-authorisations
Division 4 -- Applications for and grants of special purpose authorisations
33. Applications for special purpose authorisations
34. Grants of special purpose authorisations by CEO
35. Conditions of special purpose authorisations
36. Duration of special purpose authorisations
37. Information must be given for special purpose authorisations
Division 5 -- Renewing parking space licences
38. Renewing parking space licences
39. Conditions of parking space licences on renewal
40. Duration of parking space licences on renewal
41. Information must be given for renewal of parking space licences
Division 6 -- Varying parking space licences
42. Applications for varying parking space licences
43. Varying parking space licences without approval from Minister
44. Varying parking space licences with approval from Minister
45. Information must be given for variations of parking space licences
46. Effect of variations
Division 7 -- Varying pre-authorisations
47. Applications for varying pre-authorisations
48. Varying pre-authorisations with approval from Minister
49. Information must be given for variations of pre-authorisations
50. Effect of variations
Division 8 -- Varying special purpose authorisations
51. Applications for varying special purpose authorisations
52. Varying special purpose authorisations by CEO
53. Information must be given for variations of special purpose authorisations
54. Effect of variations
Division 9 -- Transferring parking space licences
55. Terms used
56. Applications to transfer parking space licences
57. Transferring parking space licences
58. Information must be given for transfer of parking space licences
59. Effect of transfers
Division 10 -- Suspending parking space approvals
60. Term used: suspension order
61. Suspending parking space approvals
62. Notices of proposed suspension
63. Period of suspensions
64. Effect of suspensions
65. Revocation of suspensions
Division 11 -- Cancelling parking space approvals and pre-authorisations
66. Cancelling parking space approvals
67. Cancelling pre-authorisations
68. Notices of proposed cancellation
69. Effect of cancellations
Division 12 -- Licence fees for parking space licences
70. Licence fees
71. Exemptions from licence fees
Division 13 -- Notices of decisions
72. Notices of decisions
Division 14 -- Parking space register
73. Parking space register
Division 15 -- False or misleading information
74. False or misleading information
PART 4 -- Review of decisions
75. Terms used
76. Applications to State Administrative Tribunal for review
77. Extensions of time to apply for review of certain reviewable decisions
PART 5 -- Enforcement
Division 1 -- Authorised officers
78. Authorised officers
Division 2 -- General powers
79. Term used: relevant person
80. Purposes for which powers of authorised officers may be exercised
81. Directions to relevant persons and related matters
82. Inspection of premises and powers in relation to vehicles
83. Requirement to comply with directions
84. Assistance to exercise powers
85. Offences
Division 3 -- Entry warrants
86. Terms used
87. Applications for entry warrants
88. Applications must be in person unless urgent
89. Applications must be in writing unless made remotely
90. Applications must be on oath unless made remotely
91. Form of entry warrants made remotely
92. Evidence obtained inadmissible if failure to comply with s. 90(2)(b) or 91(1)(b)
93. Issue and content of entry warrants
94. Effect of entry warrants
Division 4 -- Obtaining business records
95. Terms used
96. Application of Division
97. Applications for orders to produce
98. Issue of orders to produce
99. Service of orders to produce
100. Effect of orders to produce
101. Powers in relation to orders to produce
Division 5 -- Seizing things and related matters
Subdivision 1 -- Seizing things
102. Application
103. Grounds for seizing things
104. Copying records
105. Seizing of devices and equipment
106. Powers to facilitate seizing of records
107. List of seized things to be supplied on request
Subdivision 2 -- Procedure on seizure or production of privileged material
108. Terms used
109. Seizure or production of privileged material
110. Records must be secured
111. Applications to court
112. Decisions of court
113. Forensic examinations on records
114. Ancillary orders
115. Proceedings part of criminal jurisdiction
116. Appeals
Subdivision 3 -- Return or disposal of seized things
117. Return or disposal of seized things
Division 6 -- Prosecutions for offences
118. When prosecutions can be commenced
Division 7 -- Evidentiary provisions
119. Evidentiary certificates
120. Proof of certain matters not required in proceedings
121. Proof of appointments and signatures unnecessary
Division 8 -- Infringement notices and Criminal Procedure Act 2004
122. Infringement notices and Criminal Procedure Act 2004
PART 6 -- PM Area Account
123. Terms used
124. Ancillary area
125. Infrastructure, projects or services
126. PM Area Account
127. Approval by Minister for payments from PM Area Account
PART 7 -- Regulations and parking policy
Division 1 -- Regulations
128. Regulations
129. Parking policy
PART 8 -- Miscellaneous
Division 1 -- Delegation
130. Delegation
131. CEO may enter into agreements for performance of functions
132. Confidentiality
133. Information sharing
134. Requests for information about parking space approvals
135. Waiving amounts payable
136. Writing off liabilities
137. Powers subject to Financial Management Act 2006
138. No action to compel waivers or write offs
139. Waiving or writing off tax
140. Joint and several liability for amounts payable under Act
141. Liability continues when person ceases to be approval holder or pre-authorisation holder
142. Recovery of costs
143. Recovery of amounts payable under Act
144. Term used: responsible person
145. Fees
146. Functions under Act when land has more than 1 owner
147. Functions under Act when parking space approvals or pre-authorisations are held by more than 1 person
148. Parking space approvals and pre-authorisations not personal property for purposes of Personal Property Securities Act 2009 (Cwlth)
149. Protection from liability for wrongdoing
150. Giving documents
151. Time when documents given
152. Parking space approvals, pre-authorisations and other matters take effect or commence at beginning of day
153. Parking space approvals, pre-authorisations and suspension orders expire, end or are cancelled at end of day
154. Variations cannot have prejudicial effect in certain cases
155. Approved forms
156. Review of Act
PART 9 -- Repeals
157. Perth Parking Management Act 1999 repealed
158. Perth Parking Management (Taxing) Act 1999 repealed
159. Perth Parking Management Regulations 1999 repealed
160. Perth Parking Policies repealed
PART 10 -- Transitional provisions
Division 1 -- Preliminary
161. Terms used
162. Application of Interpretation Act 1984 not affected
Division 2 -- Parking bay licences under repealed Act
Subdivision 1 -- Parking bay licences to become transitional licences
163. CEO issued licences
164. Minister approved licences
165. Expiring CEO issued licences
166. Expiring Minister approved licences
Subdivision 2 -- Treatment of relevant transitional licences
167. Term used: relevant transitional licence
168. Renewal of relevant transitional licences
169. Suspending relevant transitional licences
170. Cancelling relevant transitional licences
Division 3 -- Applications under repealed Act
171. Undecided applications for parking bay licences if not approved by Minister
172. Parking bay licences approved by Minister
173. Undecided applications to transfer parking bay licences
174. Undecided applications for variation of parking bay licences
175. Undecided applications for renewal of parking bay licences
Division 4 -- Transfers
176. Transfers
Division 5 -- Suspensions and cancellations
177. Parking bay licences suspended
178. Parking bay licences cancelled
Division 6 -- Infringement notices and investigations
179. Infringement notices
180. Investigations
Division 7 -- Finance and Perth Parking Licensing Account
181. Parking bay licence fees
182. Perth Parking Licensing Account
Division 8 -- Parking policy
183. Parking policy when development approvals granted before commencement day
184. No parking policy when development approvals granted
Division 9 -- Ownership of land and responsible occupiers
185. Ownership of land
186. Responsible occupiers
Division 10 -- Permitting relevant vehicles to park
187. Permitting relevant vehicles to park
Division 11 -- Exercising powers before commencement
188. Exercising powers before commencement that rely on instruments that have not commenced
Division 12 -- Transitional regulations
189. Transitional regulations
PART 11 -- Sentencing Act 1995 amended
190. Act amended
191. Schedule 1 amended
PART 12 -- Perth Parking Management Act 1999 amended
192. Act amended
193. Section 23 amended
194. Part 5 inserted
Defined terms
[Assented to 7 March 2024]