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This is a Bill, not an Act. For current law, see the Acts databases.
ROADS AND PUBLIC PLACES AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Transport)
Roads and Public
Places Amendment Bill 2009
A Bill for
An Act to amend the
Roads and Public Places Act
1937
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Roads and Public Places Amendment Act
2009.
2 Commencement
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
3 Legislation amended
This Act amends the Roads and Public Places Act 1937.
4 Offences against Act––application of
Criminal Code etc
Section 2AA, note
1
substitute
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this
Act (see Code, pt 2.1):
• s 12EB (1) (Removing, defacing or interfering with
notices)
• s 12F (1) (Failure to provide information about abandoned
vehicles).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
5 Section 12E (4) to (6)
substitute
(4) The notice must state––
(a) the date the notice is given; and
(b) if the operator is not an owner of the vehicle––that the
operator must tell a roads and public places officer within 2 days after the day
the notice is given––
(i) that the operator is not an owner of the vehicle; and
(ii) the name and address of anyone that the operator believes is an owner
of the vehicle; and
(c) that, if the vehicle is not removed within 2 days after the day the
notice is given, the vehicle may be––
(i) removed and placed in a retention area; and
(ii) disposed of under the Uncollected Goods Act 1996, part 3
(Disposal of uncollected goods); and
(d) how the operator may contact a roads and public places officer,
including, for example, by giving a telephone number.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(5) Without limiting how a notice may be given, the notice may be given by
securely placing or attaching the notice, addressed to the operator, on or to
the vehicle in a conspicuous position.
Note For how documents may otherwise be served, see the Legislation
Act, pt 19.5.
(6) A notice given in the way mentioned in subsection (5) is taken to have
been given to the operator on the day that it is placed on or attached to the
vehicle.
6 New sections 12EA and 12EB
insert
12EA Retaining abandoned
vehicles
(1) This section applies if a vehicle is placed in a retention area under
section 12E (3).
(2) The chief executive must give written notice that the vehicle is in a
retention area to 1 of the following people (a notified
person):
(a) the registered operator;
(b) if the registered operator has told a roads and public places officer
the name and address of another person who the registered operator believes is
the owner of the vehicle—the other person.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
(3) The notice must––
(a) briefly describe the vehicle including identifying particulars;
and
(b) state the date of the notice; and
(c) state the address where the vehicle is available for collection;
and
(d) state when the vehicle will be available for collection; and
(e) if the notified person is not an owner of the
vehicle––state that the notified person must tell the chief
executive, within 7 days after the day the notified person is given the
notice––
(i) that the notified person is not an owner of the vehicle; and
(ii) the name and address of anyone that the notified person believes is
an owner of the vehicle; and
(f) state any costs that must be met by the registered operator or owner
before the vehicle will be returned; and
Note Costs for removing the vehicle to a retention area are
reasonable costs that can be claimed under the Uncollected Goods
Act 1996 (see s 12H (1) (d)).
(g) state that the vehicle may be disposed of under the Uncollected
Goods Act 1996, part 3 if the vehicle is not collected within 7 days
after the day the notice is given to the notified person.
(4) If the notified person tells the chief executive the name and address
of another person that the notified person believes is an owner of the vehicle,
the chief executive must make reasonable attempts to give a copy of the notice
to the other person.
12EB Removing, defacing or interfering with
notices
A person commits an offence if––
(a) a notice under section 12E (3) is placed on, or attached to, a
vehicle; and
(b) the person is not the registered operator or owner of the vehicle;
and
(c) the person removes, defaces or interferes with the notice.
Maximum penalty: 20 penalty units.
7 Section 12F
substitute
12F Failure to provide information about abandoned
vehicles
A person commits an offence if––
(a) the person is given a notice under section 12EA (2) or
section 12EA (4) about a vehicle in a retention area; and
(b) the person is not an owner of the vehicle; and
(c) the person fails to tell the chief executive, within 7 days after the
day the notice is given to the person––
(i) that the person is not an owner of the vehicle; and
(ii) the name and address of anyone the person believes is an owner of the
vehicle.
Maximum penalty: 10 penalty units.
8 Disposal of items removed under sections 12E and
12G
Section 12H
omit
Minister
substitute
chief executive
9 New section 12H (2)
insert
(2) However, a vehicle placed in a retention area under section 12E (3) is
taken to be uncollected goods under the Uncollected Goods Act 1996
only if the vehicle has not been collected within the period
ending––
(a) if a copy of a notice is given to a person under
section 12EA (4)—7 days after the day the notice is given under
section 12EA (4); or
(b) in any other case––7 days after the day a notice is given
under section 12EA (2).
10 Dictionary, definition of
owner
substitute
owner––
(a) of land, means the lessee of the land; and
(b) of a vehicle, includes anyone who has a legal right to move the
vehicle.
11 Dictionary, new definition of registered
operator
insert
registered operator––see the Road Transport
(Vehicle Registration) Act 1999, dictionary.
Note A reference to the registered operator includes each registered
operator (see Road Transport (Vehicle Registration) Act 1999, s
29).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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