❓ Hon Ken Travers questions the validity of two different parking infringement notices under the Government Railways (Parking Stations) By-law 1997. The Public Transport Authority defends their validity based on the Interpretation Act 1984 and legal advice.
AnsweredQoN 4965Legislative Council
QuestionView source ↗
I refer to question without notice 749, and ask how can two different versions of a parking infringement notice both comply with the requirement of Schedule 2, Form 1 of the
Government Railways (Parking Stations) By-law 1997
and both be valid?
Government Railways (Parking Stations) By-law 1997
and both be valid?
AnswerView source ↗
Answered
5 March 2012
Responded by
Minister for Finance representing the Minister for Transport
Response time
118 days
The
Public Transport Authority
advises as at 8 November 2011:
Section 74 of the
Interpretation Act 1984
states that
where a form is prescribed or specified under a written law, deviation there from not materially affecting the substance nor likely to mislead shall not invalidate the form used.
The
Interpretation Act 1984
further states that it applies to all state legislation unless:
(a) Express provision is made to the contrary; or
(b) In the case of an Act, the intent and object of the Act or something in the subject or context of the Act is inconsistent with such application; or
(c) In the case of subsidiary legislation, the intent and object of the act under which that subsidiary legislation is made is inconsistent with such application.
As there is no express intention to exclude the
Interpretation Act 1984
from the
Public Transport Authority Act 2003
or its regulations; or the
Government Railways Act 1904
or its By-Laws, and with the core substance and intent of the infringement notices having not deviated from the core substance and intent of the scheduled form in the Act, those infringement notices are deemed to be valid.
In addition, the legal advice provided by the Office of the State Solicitor states that the reference to By-Law 80 alone does not render the infringement notice invalid. Additionally, page 17 of the
Government Railways (Parking Station) By-Laws 1997
reads that the
Government Railways (Parking Station) By-Laws 80
is not repealed but is now known as the
Government Railways (Parking Station) By-Laws 1997
.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Public Transport Authority
advises as at 8 November 2011:
Section 74 of the
Interpretation Act 1984
states that
where a form is prescribed or specified under a written law, deviation there from not materially affecting the substance nor likely to mislead shall not invalidate the form used.
The
Interpretation Act 1984
further states that it applies to all state legislation unless:
(a) Express provision is made to the contrary; or
(b) In the case of an Act, the intent and object of the Act or something in the subject or context of the Act is inconsistent with such application; or
(c) In the case of subsidiary legislation, the intent and object of the act under which that subsidiary legislation is made is inconsistent with such application.
As there is no express intention to exclude the
Interpretation Act 1984
from the
Public Transport Authority Act 2003
or its regulations; or the
Government Railways Act 1904
or its By-Laws, and with the core substance and intent of the infringement notices having not deviated from the core substance and intent of the scheduled form in the Act, those infringement notices are deemed to be valid.
In addition, the legal advice provided by the Office of the State Solicitor states that the reference to By-Law 80 alone does not render the infringement notice invalid. Additionally, page 17 of the
Government Railways (Parking Station) By-Laws 1997
reads that the
Government Railways (Parking Station) By-Laws 80
is not repealed but is now known as the
Government Railways (Parking Station) By-Laws 1997
.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.