Australian Capital Territory Repealed Acts

This legislation has been repealed.

ROADS AND PUBLIC PLACES ACT 1937 (REPEALED) - SECT 12E

    (1)     This section applies if a roads and public places officer suspects, on reasonable grounds, that a vehicle in a public place has been abandoned.

Examples of grounds that might indicate vehicle is abandoned

1     the vehicle's registration has expired

2     the vehicle is in a state of disrepair

3     the general appearance of the vehicle, including any build-up of dust or debris

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).

    (2)     The vehicle may be removed by, or under the direction of, a roads and public places officer and placed in a retention area.

    (3)     However, if the vehicle has a registered operator, the vehicle may be removed and placed in a retention area only if—

        (a)     a roads and public places officer has given the operator a written notice under subsection (4); and

        (b)     the vehicle has not been removed within 2 days after the day the operator was given the notice.

    (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)     Also, a notice must state, in a conspicuous position on the notice—

        (a)     that it is an offence under this Act, section 12EB to remove, deface or interfere with a notice placed on, or attached to, a vehicle if a person is not the registered operator or owner of the vehicle; and

        (b)     the penalty for the offence.

    (6)     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.

    (7)     A notice given in the way mentioned in subsection (6) is taken to have been given to the operator on the day that it is placed on or attached to the vehicle.