Bills Digest no. 1 1976
Airports (Surface Traffic) Amendment Bill 1976
Amends principal Act: Airports (Surface Traffic) Act, 1960
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
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Airports (Surface Traffic)
Amendment Bill 1976
Date introduced: 21 October
House: House of
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
(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
(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'
Principal Act: Airports
(Surface Transport) Act, 1960.
Parliamentary Political Science Fellow
26 October 1976
Bills Digest Service
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