Parking Space Levy Act 2009 No 5
Current version for 19 November 2009 to date (accessed 25 November 2014 at 07:09)
Part 3

Part 3 Miscellaneous

12   Chief Commissioner’s guidelines

(1)  The Chief Commissioner may, by order published in the Gazette, establish guidelines, not inconsistent with this Act or the regulations, as to:
(a)  what does, and what does not, constitute a parking space in any particular circumstances, and
(b)  whether, in particular circumstances, a parking space is, or is not, to be exempted from the calculation of the levy in respect of any leviable premises.
(2)  Such an order may only be made with the approval of the Minister.
(3)  In any proceedings in which a matter referred to in subsection (1) (a) or (b) is called into question, a court must have regard to any such guideline for the purpose of determining the question.

13   Delegation

(1)  The Minister may delegate to any person any of the Minister’s functions under this Act, other than this power of delegation.
(2)  A delegate may subdelegate to any person any function delegated under this section if the delegate is authorised in writing to do so by the Minister.

14   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  In particular, the regulations may make provision for or with respect to the following matters:
(a)  the manner in which the number of parking spaces on any leviable premises is to be calculated,
(b)  the amount of the levy payable in respect of leviable premises, and the manner in which it is to be calculated,
(c)  the circumstances in which parking spaces may be exempted from the calculation of the levy,
(d)  the administration of the Public Transport Fund,
(e)  the establishment of arrangements for contributions towards payment of the levy by specified classes of persons who use parking spaces in leviable premises.
(3)  A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.

15   Parking Space Levy Regulation 2009

(1)  Schedule 2 is taken to be and has effect as a regulation made under this Act.
(2)  Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in Schedule 2 (but applies to any amendment or repeal of the regulation).
(3)  For the purposes of section 10 of the Subordinate Legislation Act 1989, the regulation set out in Schedule 2 is taken to have been published on the day on which this section commences.
(4)  Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in Schedule 2 (but apply to any amendment or repeal of the regulation).
(5)  Schedule 2 is repealed on the day following the day on which this section commences.
Note. The continued effect of the regulation set out in Schedule 2 is unaffected by the repeal of Schedule 2. See section 30 of the Interpretation Act 1987.

16, 17   (Repealed)

18   Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
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